How to Best Handle a Traffic Accident for Foreigners in Korea_2 (Criminal)



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 Case 2) The driver in S60 Volvo (hereinafter, referred to as a "Victim") had been transferred to an ER nearby, however, eventually passed away. In accordance with Korean law, what criminal punishment would Michael expect?   


a. In Principle, Michaele is subject to imprisonment for five-year or less, or penalty up to KRW 20M


Article 3 (Special Cases for Punishment)     

(1)         A driver of a vehicle who commits a crime provided for in Article 268 (Death/Injury by occupational or gross negligence) of the Criminal Act by reason of a traffic accident shall be punished by imprisonment without prison labor for not more than five years or by a penalty not exceeding 20 million won.


b. Term between the timing of the accident and Victim's death


Let's do some thought experiment. In case the timing of Victim's eventual death is after 2-year period. Michael still can argue that the lack of co-relation between the accident and death. 


However, in case the Victim had passed away right after he was transferred to ER; Michael's best chance to adjust the penalty-levied is to make the settlement with the Victim's family.


c. Summary of Criminal Consequences related to Traffic Accident in Korea



please contact Seo Yun Jung (syjung@nhanyang.com) for any further queries; a K-Laywer4U at New Hanyang Law Firm (nhylaw.co.kr)


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Types of Divorce in Korea

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There are two types (or we can break it down to three) of Divorce in Korea as follows: 1. Divorce by Agreement ( 협의이혼 ) Upon reaching an agreement by both parties over the terms and conditions such as (i) property division ( 재산분할 ), (ii) compensation for mental damages ( 위자료 ), and (iii) parental rights and child custody (e.g. child support costs & visitation rights); parties can apply for Divorce by Agreement. However,this process requires a 'consideration period' ( 숙려기간 ) of three months (in case parties have a child); and parties need to physically attend the meeting at least twice. The whole process takes about 2-5 months including the consideration period. 2-1 Divorce by Trial ( 소송이혼 ) In case parties do not reach an agreement; or one of the parties does not want to get divorced; a party can file a lawsuit to seek for a Divorce by Trial. There are six (6) conditions (or causes) to get entitles to file a lawsuit of Divorce by Trial as below in accordance with [Civil Act
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How to Best Handle a Traffic Accident for Foreigners in Korea_1 (Criminal)

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  <Image: http://k-law4u.blogspot.com/>                                                                                                                                          Case 1)  Michael T. Stapleton, a 21-year-old U.S. Citizen residing in Seoul was in a hurry to the party with his friends to celebrate the new year of 2023; and got involved in a traffic accident by hitting a S60 Volvo which got damaged on its left side (let's assume no passenger in the car was injured). In accordance with Korean law, what criminal punishment would Michael expect?     a. In Principle, Michael is subject to imprisoment for two-year or less, or penalty up to 5M - [Road Traffic Act]       Article 151 (Penalty Provisions)    Where the driver of any motor vehicle or tram damages the building or goods of any other person due to negligent disregard or gross negligence, he or she shall be punished by imprisonment without labor for not more than two years or by a penalty not exceeding five mi
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