What if the victim doesn’t want the criminal to be punished?

There are a few crimes in Korea called “chingojoe (친고죄),” which can be literally translated as “crime subject to victim’s complaint.” These chingojoe are the kind of crimes cannot be prosecuted without a complaint by the victim.

In the old days, sexual crimes used to be the main example of chingojoe, because there used to be the time when the victims of sexual crimes were “ashamed” of losing their virginity and wanted to keep it as secrets. But time has changed, and sexual crimes became no longer chingojoe anymore.

These are the list of crimes which are still chingojoe in Korea.

• Insult. Even though a person publicly insults another, it cannot be prosecuted if the victim doesn’t complaint about it.
• Defamation of Dead Person. Even though a person defames a dead person by publicly spreading false facts, it cannot be prosecuted if the family or descendants of that dead person don’t complaint about it.
• Violation of Secrecy. Even though a person opens another person’s letter, document, or drawing without their permission, it cannot be prosecuted if the victim doesn’t complaint about it.
• Occupational Disclosure of Other’s Secrets. Even though a doctor, dentist, herb doctor, pharmacist, druggist, midwife, lawyer, patent attorney, certified public accountant, notary, scrivener discloses another person’s secret which they acquired from their profession, it cannot be prosecuted if the victim doesn’t complaint about it.

There are also a few crimes in Korea called “banuisabulbeoljoe (반의사불벌죄)” which can be literally translated as “no punishment against will.” These are the kind of crimes CAN be prosecuted without a complaint by the victim, BUT cannot be prosecuted if the victim openly objects it.

So, in case of these crimes, the criminal should do whatever they can to earn forgiveness of the victim. They would apologize, beg, pay a large amount of compensation, wishing that victim would forgive them and tell that “I don’t want them to be prosecuted” which would make the prosecutor drop this case.

These are the list of crimes which are banuisabulbeoljoe in Korea.

• Assault against Foreign Sovereign. Even though a person uses violence or intimidation against the sovereign of a foreign country currently staying in Korea, it cannot be prosecuted against the expressed objection of the victim.
• Assault against Foreign Envoy. Basically same with “Assault against Foreign Sovereign,” except that the victim is now the envoy of a foreign country sent to Korea.
• Profanation of Foreign Flag or Foreign Emblem. Even though a person damages, removes or stains a foreign national flag or emblem, for the purpose of insulting the foreign country, it cannot be prosecuted against the expressed objection of the victim. The “victim” is the foreign government in this case.
• Crime of Violence. Even though a person uses violence against another, it cannot be prosecuted against the expressed objection of the victim. Please note that this doesn’t apply if the perpetrator causes injury to the victim by using said violence.
• Bodily Injury by Negligence. Even though a person inflicts injury upon another, it cannot be prosecuted against the expressed objection of the victim. Of course this doesn’t apply if the injury was caused deliberately.
• Intimidation. Even though a person intimidates another, it cannot be prosecuted against the expressed objection of the victim.
• Defamation. Even though a person defames another by publicly spreading facts or false facts, it cannot be prosecuted against the expressed objection of the victim.
• Defamation through Printed Materials. Basically same with defamation, except that the perpetrator committed the crime by using newspaper, magazine, radio, or other publication.