When you may need advice
- I told the police I was driving instead of my friend who drove drunk
- I suggested saying I caused my husband's accident, and it was found out
- I deleted server data on my company president's instructions, and I am told it is destruction of evidence
- I arranged a place to stay for an acquaintance while they were on the run
- I deleted KakaoTalk messages related to my own case. Is that a problem?
Relevant laws
Criminal Act (형법) Article 151 (Harboring an Offender and Special Exception for Relatives)
Hiding a person who committed a crime punishable by a fine or heavier, or helping them escape, is punishable by up to 3 years in prison or a fine of up to KRW 5 million. A relative or cohabiting family member who does so for that person is not punished.
Criminal Act Article 155 (Destruction of Evidence and Special Exception for Relatives)
Destroying, concealing, forging or altering evidence in another person's criminal or disciplinary case, or using forged or altered evidence, is punishable by up to 5 years in prison or a fine of up to KRW 7 million. A relative or cohabiting family member who does so for that person is not punished.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Saying you were driving instead is harboring an offender
If you state that you were driving in place of the person who drove drunk or caused an accident, you have prevented investigators from finding the real offender, which is harboring an offender (범인도피). In most cases, the real driver is revealed through dashcam footage, parking lot CCTV or phone location data.
A relative or cohabiting family member who does this for the person is not punished. However, partners who are not legal spouses and friends are not covered by this exception.
The person who asked commits inducement to harbor an offender
An offender who simply runs away is not punished for harboring an offender, but getting someone else to make a false confession is treated as an abuse of the right to defend oneself, and inducement to harbor an offender (범인도피교사) is established. The Supreme Court has held that this applies even if the person who falsely confessed is a family member who is not punished (Supreme Court Decision 2008도7647, November 13, 2008).
So if a family member steps in and it is discovered, the family member may escape punishment under the exception, but the person who asked them may face a heavier outcome because inducement to harbor an offender is added to the original case.
Destruction of evidence applies to evidence in someone else's case
The crime of destruction of evidence (증거인멸) covers evidence in another person's criminal or disciplinary case, so deleting evidence in your own case does not by itself amount to this crime. However, getting someone else to delete evidence raises liability for inducement, and resetting your phone or deleting conversations is held against you as a risk of destroying evidence when deciding whether to detain you.
An employee who deletes data on the company's instructions can be punished for destruction of evidence if that data is evidence in a criminal case against the president or the company. The issues are how the instruction was given and whether the employee knew about the investigation at the time.
Factors that affect the outcome and sentence
Factors that work against you
- · The original case is serious and the investigation was greatly hindered
- · Several people coordinated their stories and destroyed evidence in an organized way
- · Giving or receiving something in return for a false confession
- · Continuing to make false statements even after being found out
Factors that work in your favor
- · Correcting the facts right away
- · The investigation was not seriously hindered in practice
- · It was hard to refuse a superior's instruction
- · No prior record
How our Criminal Law Center handles your case
- 1
Check the relationship and circumstances
We check your relationship with the person in the original case and who suggested it first, to assess the relatives exception and liability for inducement.
- 2
Plan how to correct your statement
If you have already made a false statement, we decide when and how to correct it and attend the questioning with you.
- 3
Search, seizure and forensics response
In cases where deleted data is at issue, we attend the search and seizure and apply to take part in the forensic examination to keep it within its proper scope.
- 4
Submit a legal opinion
At the decision stage, we submit a written opinion covering the extent of your involvement, the circumstances and your efforts to correct the record.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
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Frequently asked questions
My wife said she was driving instead of me. Will she be punished too?
Harboring an offender committed by a spouse for her husband is not punished under the relatives exception. However, if the husband asked her to do it, inducement to harbor an offender can be established against him.
Does the relatives exception apply to a common-law spouse?
The exception applies to relatives and cohabiting family members, so a common-law spouse who lives with you may be treated as a cohabiting family member. A partner who does not live with you is not covered.
Is it a crime if I delete evidence in my own case?
Destroying evidence in your own case yourself is not the crime of destruction of evidence. However, it can lead to a finding that there is a risk of destroying evidence at a detention warrant hearing, and getting someone else to delete it raises liability for inducement.