Blog, Criminal

Surely, we have all heard of intimidation. In fact, many of us have likely experienced ourselves or know someone who has undergone intimidation through bullying or teasing. What is very clear is that intimidation leaves a victim with an unpleasant, unsettling feeling. In many cases, the perpetrator may even walk away without consequences. 

Thankfully, in most legal situations, victims are not required to prove to a court that they are actually in fear. Intimidation can simply be demonstrated through words, actions, and other behaviors.

And yet, when it comes to a legal crime, what is the best way to define intimidation? How is intimidation viewed in Korea? What are ways to protect yourself and others from intimidation or the claim of intimidation? Let’s look at this in more detail.

What Is Intimidation in Korea?

Intimidation is indeed considered a Criminal Act in Korea, as noted by:

CHAPTER XXX CRIMES OF INTIMIDATION:
Article 283 (Intimidation, Intimidation on Lineal Ascendant) to Article 286 

These articles define intimidation in a variety of ways. In addition, the type of intimidation acknowledged by the court received varying sentences. Firstly, let’s break down Article 283.

Article 283 states:

1. 1. 1. A person who intimidates another shall be punished by imprisonment with labor for not more than three years, a fine not more than five million won, detention, or a minor fine.
      2. When the crime of the preceding paragraph is committed on a lineal ascendant of the offender or of one’s spouse, the offender shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding seven million won.

Intimidation is a course of conduct that causes fear to the victim by informing them of harm.

In order for an intimidation to constitute a crime, the “harm” informed by the offender is sufficient to generally cause fear in a person. The victim does not necessarily have to feel fear. This is because “fear” is a personal emotion, and it would be difficult to prove to the court that the victim actually felt fear.

However, if the victim says, “I did not feel any fear. I was never intimidated” to the court, it becomes questionable whether the court really should punish the offender for intimidation. So, according to the Korean law, the crime of intimidation is “banuisabulbeoljoe (반의사불벌죄)” which can be literally translated as “no punishment against will.” This means that this crime cannot be prosecuted if the victim openly objects it.

The “harm” informed by the offender have to be something that they can control. If the offender informs harm that they cannot control, it does not constitute a crime of intimidation. For example, if the offender says to the victim, “Tomorrow I will set your house on fire,” that is an intimidation. But if the offender says, “Tomorrow your house will be struck by lightning fall from the sky,” it is not an intimidation, even if the victim felt actual fear from that statement, because the lightning from the sky is not something the offender can control.

On the other hand, even if the offender informs “harm” that they can control, it does not constitute a crime of intimidation if it is a legitimate exercise of rights or performances of duties. For example, if a seller takes money from a buyer but does not send the goods, and the buyer says, “Send the goods or I will sue you,” that is not an intimidation because it is their right. However, informing of harm that goes beyond the legitimate exercise of rights can be an intimidation. For example, if the buyer says, “Send the goods or I will kill your family,” that can be an intimidation.

Also, the way to inform “harm” to the victim does not have to be verbal. Pointing a knife or a gun at someone is a clear indication of intent to stab or shoot them, so it can itself be an intimidation by causing fear to the victim.

These kinds of intimidation, which involves dangerous weapons, can be much more serious than verbal intimidation. It can be also serious when multiple people gather around and intimidates only one victim, which can include large-scale intimidation in the form of crime, gangs, and mafia-esque protectionism. Korean law also recognizes this situation under Article 284.

Article 284 (Special Intimidation): When the crime of Article 283 (1) or (2) of the preceding article is committed through the threat of collective force or by carrying a dangerous weapon, the offender shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding ten million won.

As you can see, if you commit a crime of intimidation with “collective force” or “carrying a dangerous weapon” it will be “special intimidation” and be punished much more severely. Also, this “special intimidation” can still be punished even with the victim’s objection.

“Collective force” means a group of people coming together for a common purpose. “Dangerous weapon” means an object that can cause harm to a person’s life and body, such as a gun, knife, poison, broken glass, or a stick. The court have ruled that a car can also be a “dangerous weapon” if the offender threatened to hit someone with a car while they were driving.

Lastly, Article 285 explains what will occur when this crime becomes habitual.

Article 285 (Habitual Crime): When any crime of Article 283 (1) or (2) or the preceding article is habitually committed, the perpetrator shall be punished by aggravating the penalty by one half or the penalty specified for the relevant crime.

Attempts to intimidate are also punishable by law, and punishment will be determined based on the offender’s ultimate goal.

When determining whether or not the intimidation is beyond an acceptable societal standard, a variety of factors will be considered. Firstly, the relationship between the offender and the victim will be taken into consideration. In addition, the difference in the two party’s socioeconomic status is also considered by the court. Lastly, any mentions of physical, financial, emotional, or psychological harm will be considered even if the offender has not actually committed these. It is necessary to carefully examine these circumstances in order to reach a more fair outcome for both parties.

What To Do When Being Intimidated in Korea

There are numerous steps one should take if being intimidated.

If you feel physically unsafe, equip your home with the necessary security measures such as alarms and cameras. Additionally, speak to a friend, family member, or partner about staying with them until a report is filed.

In addition, for those who particularly in distress, it is important to report your situation to the police. If there is something stopping you from speaking with authorities, inform someone you trust of your situation such as a friend, neighbor, or employer.

If you are being intimidated in your place of work, immediately report to your employer, HR, or any other department trained to handle such situations. Employers should have a system in place ready to deal with instances of workplace intimidation. Korean law imposes strict obligations on employers to protect workers from workplace intimidation. If the employer themselves are not the one causing the intimidation, it is their duty to take appropriate measures to protect the victim. This also applies to schools.

There is a chance that the person intimidating you may be a family member, partner or ex-partner, or friend. If your case includes domestic abuse, report it immediately and gather any evidence available. This case will not be viewed as an intimidation case if domestic violence is evident.

In addition, it is important to remember that no matter how upset or stressed you become, retaliation does not work in your favor. Do not engage in communication with someone intimidating or threatening you. Do not threaten or intimidate them in return.

Those accused of intimidation will be held personally liable to the victim in a civil lawsuit. Mental stress due to intimidation may fall within the scope of occupational diseases covered financially by the relevant laws.

If you are worried about providing evidence in court, we strongly recommend hiring a lawyer to support your case and provide details of extra protection available to you. In addition, providing your lawyer with any tangible evidence you have of intimidation will help your case in court. Seoul Law Group has multilingual lawyers with decades of experience including intimidation cases. We are there to fully support clients throughout every step of the case. This includes the initial consultation as well as any post-trial procedures. Additionally, working with a lawyer guarantees that you will receive all of the necessary compensation.

What To Do When Being Accused of Intimidation in Korea

If you or someone you know is being accused of intimidation in Korea, the best course of action is to hire a lawyer. Seoul Law Group is also able to support those being accused of intimidation throughout every step of the court case. By working closely with a lawyer, clients can expedite the court process and also feel more secure in their defense. Punishment for intimidation can last for up to seven years in prison with labor, and is therefore not something to dismiss or take lightly. Hiring a lawyer you can trust and communicate clearly with is vital.

If you have any evidence to prove your innocence, gather it immediately and keep it in a safe location. In addition, refrain from contacting the person who has accused you. There is a chance your communication can be used against you in court.

Intimidation in Korea Case Study

2022Do9187 Blackmail (I) Destruction and remand

The victim of this case was a company’s CEO. At the time, the company was deeply in debt and had been unable to pay wages to its employees for several months. The public opinion of the employees and investors was “This is all because of CEO’s poor business management. We need to replace the CEO with someone else to save the company.” They could immediately report the CEO for unpaid wages, but instead they decided to first suggest the CEO voluntarily resign.

So, two defendants, who were employees of a company, met the victim on November 23rd, 2015. They delivered a letter of “resignation proposal” and left the victim alone for about five minutes to read it.

According to the letter, if the CEO would resign and give up the company shares with the exception of 10%, he would be exempt from legal responsibility for unpaid wages and severe debt under the company. On the other hand, if the victim refused to resign and stay as CEO, not only that the defendants would sue him for unpaid wages, but the investors will also sue against the company which cause the company to be bankrupt.

When the victim read the letter, he became very angry. He immediately fired the two defendants from his company and accused them that they “intimidated” him. According to his argument, the defendant caused him fear by informing him of harm that “We will sue you. The investors will also sue, and the company will be bankrupt.”

The lower court accepted the victim’s argument and declared the defendants guilty of a crime of intimidation. The defendants caused fear to the victim by informing harm to him, which constitutes an intimidation.

However, the lawyers of SLG appealed to this judgment, and made these arguments to the higher court:

First, the “harm” informed by the offender have to be something that they can control. Even though the defendants said that the investors would sue and the company would go bankrupt because of it, those harm were not something that the defendants could control. The defendants were mere employees and did not have any power to control the large investors to sue the company. Most importantly, the investors were already aware of the company’s situation at the time, and they were already considering suing the company.

Second, even if the defendants informed harm and caused fear to the defendants, it could be a legitimate exercise of rights. The defendants had been working without getting paid for months. The situation was due to the victim’s poor business management and that the defendants and other major investors were on the verge of losing out because of the victim’s actions.

The higher court accepted these arguments and annulled the original decision made by the lower court. The case was then moved back to the lower court for additional consideration, and the victims were declared innocent.

This is one of the many successful cases of Seoul Law Group. It is extremely rare to be declared innocent in the higher court when the defendant has already declared guilty in the lower court, but the lawyers of SLG made it through meticulous research of the topic of intimidation.