Someone Hit Me in Korea. What Should I Do?

Quick answer: Get to a safe place and call 112. See a doctor the same day, even for minor pain, and keep the medical record. Write down what happened, take photos, and ask nearby shops or venues to keep their CCTV. In Korea, simple assault is generally not prosecuted if the victim clearly says they do not want the attacker punished, but assault that causes an injury, involves a weapon, or is committed by two or more people together is treated differently. If you fought back, how you did it matters, so be careful how you describe it.

Assault and Injury Are Different Offences

Offence	What it covers	Statutory penalty
Assault (Criminal Act, Article 260(1))	Using force against another person’s body	Up to 2 years’ imprisonment, a fine of up to KRW 5 million, detention or a minor fine
Injury (Criminal Act, Article 257(1))	Causing harm to the body or its functions	Up to 7 years’ imprisonment, suspension of qualifications for up to 10 years, or a fine of up to KRW 10 million

These are statutory ranges. The outcome in an individual case depends on many other factors.

Not every mark counts as an injury. The Supreme Court has said that a wound so slight that it needs no treatment, heals naturally and does not affect daily life is not an injury in law. But anything beyond the kind of scratch people get in ordinary daily life, caused by the assault, is (Supreme Court 2018Do4958).

Your Wishes Matter, Within Limits

For simple assault, Article 260(3) of the Criminal Act provides that the prosecutor cannot bring charges against the victim’s clearly stated wishes. A victim can state that they do not want the attacker punished, or withdraw that statement, up to the first instance judgment (Criminal Procedure Act, Article 232).

That rule does not cover every attack. It does not apply to injury, to assault with a dangerous weapon (special assault), or to assault committed jointly by two or more people under the Punishment of Violences Act. In those cases, the case can proceed even if the victim later settles.

Evidence: What Proves What

A medical certificate shows where you were hurt and how badly. It does not by itself prove that the assault happened; that has to be shown by other evidence such as witnesses, video or messages (Supreme Court 82Do3021). A certificate issued mainly on your description of pain will be examined closely, so see a doctor promptly and describe exactly what happened.

• Go to a hospital or clinic the same day and keep the records and receipts
• Photograph visible injuries over several days
• Ask nearby shops, bars or buildings to preserve their CCTV, and tell the police where cameras are
• Write down names and phone numbers of witnesses
• Keep messages or calls from the attacker

If You Fought Back

Many foreigners are surprised to be investigated as a suspect after being attacked. Korean law recognises self defence (Criminal Act, Article 21), but courts look closely at what happened.

• Where both people were fighting with the intention of attacking each other, hitting back after being hit first is usually not treated as self defence (Supreme Court 2020Do15812).
• Self defence can include actively pushing back, not only blocking, while the attack is still ongoing or about to continue (Supreme Court 2020Do6874).
• Whether a response was reasonable depends on all the circumstances, including what was at risk, how the attack was carried out and how far the response went (Supreme Court 2013Do2168).
• If a response went too far, the penalty can be reduced or waived, and if it happened at night or in a frightening situation out of fear, shock or panic, it is not punished (Article 21(2) and (3)).

Because of this, the first statement to the police matters. Describe clearly who started it, what you did to protect yourself, and when the attack stopped. See what happens in a Korean police interview.

What You Should Do First

1. Move to a safe place and call 112.
2. Get medical attention the same day.
3. Collect evidence before it disappears, especially CCTV.
4. Do not contact the attacker to argue or to settle on your own.
5. If the police treat you as a suspect too, get advice before your interview.

Settlement

A settlement with the attacker is common in Korea and can end a simple assault case. Before you sign anything, check what it says about withdrawing your complaint and whether it covers medical costs that may come later. For serious injury, special assault or a joint attack, a settlement does not by itself end the case.

When This Becomes a Legal Problem

Talk to a lawyer if you were seriously hurt, if the attacker has filed a complaint against you, if you are asked to sign a settlement, or if you need to leave Korea while the case is open. YUSU Lawfirm can help you report the crime, attend the police interview with you in English, and handle the complaint and settlement.

Frequently Asked Questions

Do I have to file a complaint for the police to act?

For simple assault the police can investigate, but the case cannot be prosecuted against your clearly stated wishes. For injury, special assault or a joint attack, your wishes do not stop the case.

The attacker says I hit him too. What now?

Courts look at whether it was a mutual fight or a one sided attack you defended against. Keep every piece of evidence about who started it and get advice before giving a statement.

Can I change my mind after agreeing not to press charges?

For simple assault, the statement that you do not want punishment can be withdrawn up to the first instance judgment, but think carefully before making it.

Related reading

Related guides

This article is general information about Korean criminal law and is not legal advice. Outcomes depend on the facts of each case, and statutory provisions are subject to amendment.