Attorney Hong Seung-kwon Column | When Does an Indecent Act Become a Crime? (Part 17)
Series IndexPart 1 | Unpaid Corporate Transactions: Liability Behind the Veil Part 2 | Trade Name Continuity and the Liability of a SuccessorPart 3 | Directors’ Liability for DamagesPart 4 | The Person Behind the Company NamePart 5 | The Limits of Self-Defense in Assault Cases Part 6 | Criminal Sett
The Supreme Court of South Korea recently altered the legal definition of "indecent assault" in the country. Article 298 of the Criminal Act previously required a substantial degree of force or intimidation to establish such a crime, often resulting in acquittals when courts found the assault was not severe enough. However, in September 2023, the Court clarified that "violence" in an indecent-assault case refers to any unlawful use of physical force, while "intimidation" means any threat capable of causing fear.
This interpretation broadens the range of behaviors that can potentially constitute an indecent act, including cases involving subtle touches or actions that may not appear forceful at first glance. The Court emphasized that the definition aligns with that of general assault and intimidation offenses, aiming to enhance legal predictability and stability.
Despite this change, many defendants still fail to recognize their conduct as potentially criminal because the victim may have consented or the incident appears minor due to subsequent events. Courts now place significant emphasis on the victim's account, but do not automatically assume guilt based solely on an accusation. Anyone facing such allegations or involved as a victim should meticulously document the incident and any relevant evidence to strengthen their defense.
Written by urgent.news from Korea IT Times's reporting — not their text. Machine-written — it may contain errors, so check the original before relying on it.
