This case study details how Kang & Shin secured a Suspension of Prosecution (기소유예) for a respected foreign professional facing severe criminal charges under the Act on the Aggravated Punishment of Specific Crimes (Assaulting a Driver). Despite a complex situation involving language barriers and physical altercation, our strategic defense protected the client from a conviction that often results in mandatory deportation, ensuring they could remain in South Korea.
The Incident: Assault on a Driver Under Korea’s Specific Crimes Act
In a case successfully defended by Kang & Shin, our client, a foreign professional with over 16 years of service, was involved in an altercation with a taxi driver. The episode arose in the context of alcohol consumption and medication use, which resulted in an unexpected “blackout-level” impairment.
A language barrier and a misunderstanding escalated the situation, and physical contact occurred both inside and outside the vehicle. As a result, the police initiated a criminal investigation involving our client under the Act on the Aggravated Punishment of Specific Crimes (Assaulting a Driver).
The Legal Stakes: Why Driver Assault is Dangerous
For foreign residents, an “assault on a driver” allegation under Korea’s aggravated-offense framework is uniquely high-stakes for two primary reasons:
1. Private Settlement is Not an “Off-Switch”: Unlike simple assault matters where the victim’s wish not to punish is outcome-determinative, this category is treated as a public-safety offense. Even if the parties reach an agreement and the driver submits a non-punishment statement, the prosecutor may still decide to indict. Settlement is a mitigating factor, not a guarantee of dismissal.
2. Immigration and Visa Exposure: Any criminal investigation can create complications for foreigners, ranging from increased scrutiny in immigration processing to more serious administrative measures in severe cases. For professional expats, a conviction under the “Specific Crimes” framework can have significant collateral consequences, including career disruption. Because outcomes depend heavily on the individual’s visa status and the case disposition, early intervention aimed at the most protective available outcome is critical.
Kang & Shin’s Defense: A Strategic Three-Pillar Approach
Drawing on our expertise as criminal lawyers in Korea, we developed a strategic defense aimed at avoiding a formal indictment and protecting our client’s future:
Medical and Situational Context
We presented documentation showing the incident occurred due to an accidental interaction between alcohol and rhinitis medication. Rather than treating the event as deliberate wrongdoing, we framed it as a situation driven by involuntary impaired judgment and miscommunication, proving a lack of premeditation.
Proactive Restorative Steps
On the client’s behalf, we facilitated a sincere apology and negotiated a full financial settlement. We obtained a written statement from the driver indicating they did not wish for punishment. While a settlement does not automatically end the case, it served as the cornerstone for assessing our client’s remorse and restoration.
Exemplary Record and Rehabilitation
We submitted character materials highlighting the client’s 16 years of professional service and the absence of any prior criminal history. To address concerns about recurrence, the client voluntarily completed an educational program and engaged in professional counseling, demonstrating accountability and prevention.
The Result: No Criminal Record and Protected Career
The Prosecution accepted our comprehensive legal arguments presented in the Attorney Opinion Letter. Recognizing that the professional was a first-time offender who had reached a full settlement and showed profound reflection, the prosecutor issued a Suspension of Prosecution (기소유예).
The case was closed without a trial, allowing our client to protect their visa and remain in South Korea, effectively avoiding the threat of mandatory deportation. This outcome represents the best possible legal resolution for an aggravated assault charge.
Why Expertise Matters in Foreigner Defense
When navigating the Korean legal system, your defense must be more than a literal translation of events, it must be a strategic narrative tailored to meet the specific legal criteria for leniency. As a dedicated Korean lawyer for foreigners, Kang & Shin ensures that your side of the story is effectively articulated in a way that resonates with the prosecution and the courts.