You may need a consultation if
- You threw the other person's phone during an argument and cracked the screen
- You were accused of scratching a car during a parking dispute
- You were reported for throwing away an ex-partner's belongings
- You are accused of breaking a shop's fixtures together with others
- A neighbor deliberately damaged your belongings and you want to file a complaint
Relevant Laws
Criminal Act (형법) Article 366 (Property Damage, etc.)
Destroying or hiding another's property, documents or electronic records, or otherwise impairing their usefulness, is punished by up to 3 years' imprisonment or a fine of up to KRW 7 million. Attempts are also punished (Article 371).
Criminal Act Article 369(1) (Special Property Damage)
Damaging property by displaying the force of a group or crowd or while carrying a dangerous object is punished by up to 5 years' imprisonment or a fine of up to KRW 10 million.
Punishment of Violences, etc. Act (폭력행위 등 처벌에 관한 법률) Article 2(2)
If two or more people jointly commit property damage, the penalty set in the Criminal Act is increased by up to one half.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
It can be property damage even without breaking anything
Impairing usefulness means making an item unusable for its intended purpose. Splashing filth on a car so it can't be driven as is, or hiding documents so they can't be used, can also count.
On the other hand, if you dropped and broke something by accident, there is no intent, so it is not property damage. It is important to check with video and witnesses whether it was deliberate, thrown in anger, or knocked off by bumping into it.
When assault is also alleged, a settlement has a different effect
When something is broken during an argument, assault or threats are often alleged as well. Assault and threats cannot be prosecuted if the victim does not want punishment, but property damage is not that kind of crime, so the case remains even after a settlement. If the settlement agreement states that the victim does not want punishment, it is taken into account in the decision.
If several people broke things together or someone was holding a dangerous object, the penalty becomes heavier as special property damage or joint property damage under the Punishment of Violences, etc. Act. This is why each person's actions need to be described separately in statements.
Check that repair costs have a basis
Check whether the amount the other person demands matches an actual repair estimate and does not include scratches that were already there. If you pay compensation after matching the scope with estimates and photos, it is reflected in the criminal decision and settles the civil dispute as well.
If you are the one filing a complaint, you need materials showing the damage was deliberate. Submitting before-and-after photos, video or messages capturing what the other person said in anger, and a repair estimate together makes it easier to rebut a claim that it was an accident. Jisan Law writes the criminal complaint with these materials attached and goes with you to your questioning as the complainant.
Factors That Affect the Outcome and Sentence
Factors that work against you
- · Held a dangerous object or acted with others
- · A large amount of damage
- · Repeated it against the same person
- · Assault or threats also occurred
Factors that work in your favor
- · Spur-of-the-moment circumstances
- · Paid repair costs and settled
- · Minor damage
- · No criminal record
How Jisan Law's Criminal Law Center Responds
- 1
Consultation with the managing partner
We hear what happened and decide whether to dispute intent or admit it and make up for the harm.
- 2
Securing materials from the scene
We put CCTV, dashcam footage, witnesses and before-and-after photos in time order.
- 3
Sitting in on questioning
We go into the questioning with you and object on the spot to improper questions.
- 4
Submitting a written opinion
We submit a written opinion before the decision, attaching the scope of repairs and records of compensation.
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
I threw something in anger, and the other person's belongings broke too.
If you meant to break the other person's belongings, or threw it knowing they could break, intent may be found. The direction and distance of the throw and the surroundings are the basis for the judgment, so secure any video first.
I threw away my ex-partner's belongings. Is that a problem?
If the items belong to the other person, throwing them away or hiding them can be treated as impairing their usefulness. It is safer to set a deadline for them to collect their things, tell them, and keep a record that you stored the items in the meantime.
I want to file a complaint against someone who deliberately damaged my belongings.
You need materials showing it was deliberate. Gather video, messages exchanged before and after, and a repair estimate when filing, and you can claim repair costs as damages separately from the criminal case.