I got into a physical struggle with a police officer

If you were released after questioning, there is time before the next questioning or referral. Here, in order, is what to do in that time.

• Write down what happened that day in time order, as well as you remember. Separate the time the police arrived, what was said first, and the moments of physical contact.
• Check where CCTV cameras are at nearby shops and buildings, and if anyone with you filmed it, get the original footage.
• If you were injured, see a doctor right away and take photos.
• Keep the documents you were given at the arrest and the list of any seized items.

If you are arrested in the act, you are questioned at the police station, and if no detention warrant (구속영장) is requested within 48 hours of the arrest, you are released. If the violence was minor and you have a fixed address, you are often released after questioning, but if the officer was injured or you have a criminal record, a warrant may be requested.

After release, there is further questioning and the case is referred to the Public Prosecution Service (공소청), where the prosecutor decides on a suspension of indictment (기소유예), a request for a summary order (약식명령) or a formal indictment. What you prepare during this process decides the outcome.

Obstruction of official duties (공무집행방해) only applies if the officer was carrying out their duties lawfully. If the officer tried to take you away by force without meeting the legal requirements, or to arrest you without telling you why, resisting that may not be this offense.

The degree of force also matters. Whether you were trying to pull your arm free or using force against the officer is settled by the footage. Do not rush to admit or deny anything before checking the body camera and surrounding CCTV.

For obstruction of official duties, the case does not end even if the officer does not want punishment. Still, a sincere apology and a statement that the officer does not want punishment weigh heavily in deciding the outcome.

Going to see the officer in person or contacting them repeatedly can be a burden on them. Consider conveying your apology through the investigator in charge or in writing. If drinking was behind it, records of joining a programme to cut down on alcohol or of counselling also serve as materials showing you will not reoffend.

If there was a separate incident that brought the police out, such as a fight while drinking, drink-driving or a disturbance at a shop, it is investigated together with the obstruction. Settling with the victim of the original incident and apologising to the officer need to be handled separately.

If the officer was injured and has a medical certificate, bodily injury becomes an issue, and if you were holding a dangerous object, it becomes special obstruction of official duties, with the sentence increased by up to half. Depending on what charges the case ends up with, even whether a fine is possible changes, so it is important to put the facts straight before referral.

Simply saying you were drunk and do not remember does not help. Denying actions caught on footage makes you look unremorseful.

Also be careful about posting on social media criticising the police for overreacting. If it is untrue, it raises defamation issues, and it may also be read against you when the outcome is decided.

If you are under arrest, we visit to decide on your approach to the statement before questioning, and if a warrant is requested, we attend the pre-detention hearing (영장실질심사). After release, we practise questioning with you against the footage and statements, go into the questioning with you, and submit a written opinion with materials on your apology and steps to prevent reoffending. If a family member has been arrested, let us know first through the chat on this page.