{"id":2202440,"date":"2023-10-06T17:18:20","date_gmt":"2023-10-06T08:18:20","guid":{"rendered":"https:\/\/koreapro.org\/?p=2202440"},"modified":"2023-10-09T18:23:50","modified_gmt":"2023-10-09T09:23:50","slug":"between-protection-and-prosecution-south-koreas-self-defense-paradox","status":"publish","type":"post","link":"https:\/\/koreapro.org\/2023\/10\/between-protection-and-prosecution-south-koreas-self-defense-paradox\/","title":{"rendered":"Between protection and prosecution: South Korea\u2019s self-defense paradox"},"content":{"rendered":"
In light of recent knife-related attacks, the concept and application of self-defense have gained significant attention in South Korea.<\/span><\/p>\n One such incident in late May saw a man in his 70s attack a shop owner in Daejeon. The assailant allegedly used a knife to attack the victim, who proceeded to defend himself by kicking the attacker and wresting the knife away.<\/span><\/p>\n Despite his injuries, the shop owner was later identified by prosecutors as a <\/span>suspect in an assault case<\/span><\/a>. Such situations have brought to the fore the nuances of \u201cjustifiable defense\u201d under South Korea\u2019s legal system.<\/span><\/p>\n THE LEGAL FRAMEWORK<\/b><\/p>\n Article 21<\/span><\/a> of South Korea\u2019s Criminal Act outlines the stipulations for self-defense: \u201cAn act unavoidably committed to avert an imminent unlawful infringement upon the life, body, liberty, or property of oneself or a third party is not punishable only when the harm inflicted does not exceed the harm to be averted, and provided that it is reasonable in the circumstances.\u201d<\/span><\/p>\n \u201cJustifiable self-defense, as the term suggests, is a defensive act carried out legitimately. That means there must be no unlawfulness. So, if I hit someone in response to them causing me harm, it falls under a defensive act, making it lawful,\u201d Shin Dong Woon, a general practice attorney, told <\/span>Korea Pro<\/span><\/i>.<\/span><\/p>\n While textbooks offer a straightforward definition of self-defense, real-life scenarios often blur the lines between what is and isn\u2019t permissible, Shin explained.<\/span><\/p>\n