Obstruction of official duties is a serious offense under South Korean law, commonly involving the assault or intimidation of public officials, including police officers, while they are performing their duties. This crime frequently occurs in incidents where intoxicated individuals interfere with law enforcement officers, leading to physical or verbal confrontations.
1. Overview of the Crime: Obstruction of Duties in Korea
Table of Contents
According to recent statistics, the number of individuals prosecuted for obstructing official duties reached a five-year high in 2023. As a result, there have been increasing calls for stricter legal consequences to deter such offenses.
Legal Provisions and Penalties
Under Article 136 of the Korean Criminal Code:
Any person who assaults or threatens a public official while they are executing their duties shall face imprisonment of up to five years or a fine of up to 10 million Korean won.
The same penalties apply to individuals who use threats or force to coerce a public official into taking specific actions or resigning from their position.
If multiple individuals act together to obstruct police officers or if dangerous objects are used, the crime is escalated to “aggravated obstruction of official duties” under Article 144 of the Korean Criminal Code, leading to enhanced penalties:
When obstruction involves a group or dangerous weapons, penalties may increase by up to 50%.
If the obstruction results in injury, the offender faces a minimum of three years’ imprisonment.
If the obstruction leads to a fatality, the punishment includes life imprisonment or a minimum of five years’ imprisonment.
| CHAPTER VIII CRIMES CONCERNING OBSTRUCTION OF THE PERFORMANCE OF OFFICIAL DUTIES | |
| Article 136 (Obstruction of Performance of Official Duties) |
(1) A person who uses violence or intimidation against a public official engaged in the performance of his/her duties shall be punished by imprisonment for not more than five years, or five not exceeding ten million won. (2) The preceding paragraph shall apply to a person who uses violence or intimidation against a public official in order to cause him/her to perform, or refrain from performing an official act or in order to force his/her resignation. |
| Article 137 (Obstruction of Performance of Official Duties by Fraudulent Means) | A person who interferes with the execution of duties by a public official by fraudulent means, shall be punished by imprisonment for not more than five years, or five not exceeding ten million won. |
| Article 144 (Special Obstruction of Public Duty) |
(1) A person who commits the crimes specified in Articles 136, 138, and 140 to the preceding Article through the threat of collective force or by carrying a dangerous weapon shall be punished by increasing one half of the punishments specified in the relevant Articles. (2) A person who commits the crime of paragraph (1) to injure a public official shall be punished by imprisonment for a limited term of at least three years. If it results in the death of a public official, the perpetrator shall be punished by imprisonment for life or for a limited term of at least five years. |
Common Scenarios Leading to Charges
Obstruction of official duties often occurs in cases involving excessive alcohol consumption. Many offenders, while intoxicated, engage in aggressive behavior against police officers, including:
Verbal abuse (shouting insults or threats at officers)
Physical resistance (pushing, kicking, or grabbing officers)
Interfering with arrests (preventing officers from performing their duties)
Even minor physical contact can be classified as “violence” under South Korean law, leading to prosecution. While intoxication may impair judgment, it is not considered a valid legal defense. Moreover, police officers frequently use body cameras to document incidents, making it difficult for offenders to deny their actions.
2. Case Study: A Foreign National’s Experience
Our law firm recently defended a Finnish national who was charged with obstructing official duties and assaulting a police officer in Itaewon, a popular nightlife district in Seoul.
Case Background
The client, a long-term resident and professional employee in South Korea, had no prior criminal record.
On a weekend night out in Itaewon, he consumed excessive alcohol.
While attempting to hail a taxi, he mistakenly opened the door of a private vehicle.
The driver of the vehicle, identified as B, demanded that the client leave the car.
Instead of complying, the intoxicated client pushed, slapped, and grabbed B by the neck.
B’s companions called the police, and upon their arrival, the client resisted arrest and kicked an officer in the abdomen.
He was subsequently charged with obstruction of official duties and received a court summons, leading him to seek legal assistance from our law firm.
3. Legal Defense Strategy and Case Outcome
Given the severity of the charges, our criminal defense attorneys, who specialize in representing foreign nationals in South Korea, took immediate action to mitigate the consequences.
Key Defense Arguments
Law-Abiding History: The client had no prior criminal record and was an upstanding resident of South Korea.
Genuine Remorse: Despite being under the influence of alcohol, the client expressed sincere regret and took responsibility for his actions.
Efforts to Reconcile: The client made genuine attempts to apologize and offer compensation to the victims, even though they refused to forgive him.
No Intent to Obstruct: The incident stemmed from intoxication and misjudgment, rather than deliberate obstruction of police duties.
Outcome
Due to our strategic legal defense, the client avoided imprisonment. Instead, we successfully negotiated a suspended sentence and a reduced fine, preventing deportation and preserving his ability to continue residing and working in South Korea.
4. Legal Assistance for Foreigners Facing Criminal Charges in South Korea
Foreign nationals accused of obstructing official duties or other criminal offenses in South Korea face serious legal consequences, including possible deportation and travel bans. If you or someone you know is facing legal charges, it is crucial to seek experienced legal representation immediately.
At Kristen Lee, Attorneys at Law – Law Firm Pyeong San, we specialize in criminal defense for foreign nationals, offering expert legal counsel in:
Obstruction of Duties in Korea/ Obstruction of justice, business cases
Assault and battery charges
Drug-related offenses
Immigration and deportation defense
Contact Us for a Consultation
For expert legal assistance, contact our experienced defense attorneys today. We provide comprehensive legal support to help you navigate South Korea’s criminal justice system effectively.
