Do You Have A Right To Self Defense In South Korea?

Over at the Korean Law Blog the actual ROK law is posted in regards to self defense.  Of interest is that if you ever got in a struggle with someone trying to kill you that required you to defend yourself to kill them you most likely get prosecuted for it:

Regrettably to many, Korea interprets the preceding Article 21 of Korea’s Criminal Act very narrowly. There is, only, one reported cases in the past 25 plus years where someone accused of murder has prevailed in a claim of self-defense. The only case I can find is the notorious Kongneung-Dong Murder Case. The case involved a break-in to a home that lead to the death of the burglar. The burglar was armed and he killed one person in the apartment.

The accused claimed, inter alia, that his act of killing the burglar was performed to “prevent impending and unjust infringement” (more injuries) of his “legal interest”(his life). He claimed that his only means of protecting his life was his actions. Additionally, the act of the burglar was at night.

The following charges still lead to charges by the police. The prosecution decided not to indict.  [Korean Law Blog]

You can read more at the link, but the moral of the story is that if you have to defend yourself in Korea use as little force as possible even if someone is trying to kill you.  A perfect example of the negative consequences  that can happen is the 2004 Shinchon Stabbing Incident or the 1995 Seoul Subway Brawl.  In these cases the GIs were punished for defending themselves while the Koreans that started the fights got away with no legal consequences.

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setnaffa
setnaffa
8 years ago

And this is doubly true if you are not a Korean. It’s not “racism” as much as it is mix of filial piety and xenophobia. The latter of which, let’s admit, the Koreans have earned the right to wear.

Best to avoid angry xenophobic drunks anywhere, I suppose (College bars? Union protests? Nork-sponsored riots?).

I also avoid traveling alone (i.e., without Korean spouse, Korean in-laws and/or close Korean friends).

For me, South Korea is a wonderful place to visit; but I’m not there all year–or even every year–so I get folks showing up at the wrong place, wrong time.

ChickenHead
ChickenHead
8 years ago

 “the moral of the story is that if you have to defend yourself in Korea use as little force as possible even if someone is trying to kill you.”

…or the moral of the story is if someone breaks into your house, have a natural and believable story prepared the next morning when you purchase the commercial sausage maker.

setnaffa
setnaffa
8 years ago

Someone’s been watching Sweeney Todd (2007) or Prime Cut (1972) reruns…

Best to have the recycling furniture in place ahead of time. And have a history of providing tasteless, rancid, and/or otherwise repulsive sausage, jerky, and soondae to all your friends so they’ll just take it and throw it out instead of trying it and getting sick.

Or so I’ve been told…

Flyingsword
Flyingsword
8 years ago

South Korea is baffling…most idiotic law ever.

JoeC
JoeC
8 years ago

It’s simple enough. When your fighting for your life, just be sure you don’t use excessive force. How hard can that be? 🙄

ChickenHead
ChickenHead
8 years ago

What’s wrong with you, you pervert?

You don’t use the sausage maker to make saisage to feed to your friends.

You just use it to make pieces small and unrecognizable enough to be able to discretely ditch over the course of a week.

Though now that you mention it, there is some degree of attraction to the idea of cooking up a tasty long pork sausage and bone meal pancake breakfast…

…while dressed as a woman.

Gangsan
Gangsan
8 years ago

I read that blog post too. It’s bullshit to say I can’t use a weapon (whatever might be within reach) to defend myself from somebody who is bigger than me and super aggressive. If I think somebody is intent on hurting me, I’ll hurt them first. Self-defense 101. I’m going for an eye gouge, throat strike, or groin strike.

Jake
Jake
Reply to  JoeC
7 years ago

He’s being sarcastic.. Just saying

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