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  • KimDuHan
  • Hero of Waygookistan

    • 1245

    • January 15, 2015, 11:48:59 am
    • Seoul
An overview of the criminal law system in South Korea
« on: April 10, 2017, 10:28:07 am »


Here is an overview of your rights in Korea as a Canadian.

You can be detained 48 hours for no reason! This is why many people don't report many things here. A victim ends up spending 2 days in jail and has a risk of being deported!

https://travel.gc.ca/travelling/advisories/korea-south/criminal-law-system


  • nimrand
  • Super Waygook

    • 489

    • April 07, 2013, 07:40:28 am
    • Lawrence, KS
Re: An overview of the criminal law system in South Korea
« Reply #1 on: April 10, 2017, 11:07:03 am »
Here is an overview of your rights in Korea as a Canadian.

You can be detained 48 hours for no reason! This is why many people don't report many things here. A victim ends up spending 2 days in jail and has a risk of being deported!

https://travel.gc.ca/travelling/advisories/korea-south/criminal-law-system

What exactly are you trying to start here?  You are deported if you are found guilty of a serious enough crime, which is true of every country in the world.  As for being detained for "no reason," police and prosecutors have a right to detain your for 48 hours without bringing formal charges if they believe you have committed a serious crime that will involve jail time if found guilty.  In many US states, they can hold you even longer (72 hours):

http://blogs.findlaw.com/blotter/2012/07/how-long-can-you-be-held-without-charges.html

So, it's not as if that doesn't exist in Western legal systems.

Korea's criminal justice system probably leaves a lot to be desired, but I find your sensationalized post to be rather misleading.


Re: An overview of the criminal law system in South Korea
« Reply #2 on: April 10, 2017, 11:46:17 am »
Could be worse:

https://www.theguardian.com/world/2016/may/17/canada-immigration-detention-deaths-border-services-agency

Quote
Immigrant deaths expose 'legal black hole' of Canada's detention system

The deaths in CBSA custody highlight an area in which Canada has been slammed by the UN for lagging behind many western countries – and which has too often hidden behind Canada’s reputation as a welcoming country for immigrants.

Canada remains one of the few western countries in the world without a time limit on detentions, a sharp contrast to the UK – where peers voted in March to limit detention to 28 days unless otherwise ordered by a court – and the US, where a landmark 2001 decision by the supreme court said justification was needed for any detention longer than six months.

“Canada is a rogue nation,” said Macdonald Scott, an immigration consultant for Toronto law firm Carranza LLP.

“What ends up happening is that people end up spending 10 or 12 years in detention in Canada,” he said.

According to Canadian border authorities, 6,768 individuals were detained from April 2014 to March 2015. Of those, 2,366 were released and 3,325 were deported from Canada, authorities said, noting that a person could be detained and released more than once. The average length of detention was 24.5 days. But for those who end up entangled in a deportation dispute with another country, the legal limbo can stretch to years.

Mainly due to space constraints, as many as a third of those in immigration custody in Canada are held in provincial jails, often crammed in a small cell for upwards of 21 hours a day and without access to international calls or legal counsel, according to advocates. While conditions vary across the country, in some facilities immigration detainees are not segregated from prisoners.

The result is a mix that has, at times, led to deadly consequences. In 2010, Trinidad-born Kevon Phillip, a 24-year-old father who had lived in Canada for some 15 years and who was facing deportation, was beaten to death by fellow inmates.
Quote
Quote from: Mr.DeMartino on Yesterday at 01:40:32 PM
    Trump is a liar and a con man.
Quote
Quote from Mr.DeMartino on June 14, 2019 at 02:28:07 pm
Donald Trump is a lying sack of shit


  • KimDuHan
  • Hero of Waygookistan

    • 1245

    • January 15, 2015, 11:48:59 am
    • Seoul
Re: An overview of the criminal law system in South Korea
« Reply #3 on: April 10, 2017, 11:46:27 am »
Here is an overview of your rights in Korea as a Canadian.

You can be detained 48 hours for no reason! This is why many people don't report many things here. A victim ends up spending 2 days in jail and has a risk of being deported!

https://travel.gc.ca/travelling/advisories/korea-south/criminal-law-system

What exactly are you trying to start here?  You are deported if you are found guilty of a serious enough crime, which is true of every country in the world.  As for being detained for "no reason," police and prosecutors have a right to detain your for 48 hours without bringing formal charges if they believe you have committed a serious crime that will involve jail time if found guilty.  In many US states, they can hold you even longer (72 hours):

http://blogs.findlaw.com/blotter/2012/07/how-long-can-you-be-held-without-charges.html

So, it's not as if that doesn't exist in Western legal systems.

Korea's criminal justice system probably leaves a lot to be desired, but I find your sensationalized post to be rather misleading.

A Korean man hits you and you defend yourself and you spend 48 hours in jail. Even if you were the victim and you'll probably be fined.


Re: An overview of the criminal law system in South Korea
« Reply #4 on: April 10, 2017, 11:57:19 am »
Here is an overview of your rights in Korea as a Canadian.

You can be detained 48 hours for no reason! This is why many people don't report many things here. A victim ends up spending 2 days in jail and has a risk of being deported!

https://travel.gc.ca/travelling/advisories/korea-south/criminal-law-system

What exactly are you trying to start here?  You are deported if you are found guilty of a serious enough crime, which is true of every country in the world.  As for being detained for "no reason," police and prosecutors have a right to detain your for 48 hours without bringing formal charges if they believe you have committed a serious crime that will involve jail time if found guilty.  In many US states, they can hold you even longer (72 hours):

http://blogs.findlaw.com/blotter/2012/07/how-long-can-you-be-held-without-charges.html

So, it's not as if that doesn't exist in Western legal systems.

Korea's criminal justice system probably leaves a lot to be desired, but I find your sensationalized post to be rather misleading.

A Korean man hits you and you defend yourself and you spend 48 hours in jail. Even if you were the victim and you'll probably be fined.

It's unfair but the thing is, we aren't Korean. We can't expect all of the benefits that come with citizenship because we aren't penalized with all of the negatives. If a fight broke out back home(USA for me) between a white american and an immigrant from Iran or Mexico, which side do you think the police will take? Even a well off white guy vs a young black man in America, which side do you think the police will take?

I'm not trying to defend it, but the fact is immigrants and minorities all over the world get the short end of the stick.


Re: An overview of the criminal law system in South Korea
« Reply #5 on: April 10, 2017, 01:59:42 pm »
Here is an overview of your rights in Korea as a Canadian.

You can be detained 48 hours for no reason! This is why many people don't report many things here. A victim ends up spending 2 days in jail and has a risk of being deported!

https://travel.gc.ca/travelling/advisories/korea-south/criminal-law-system

What exactly are you trying to start here?  You are deported if you are found guilty of a serious enough crime, which is true of every country in the world.  As for being detained for "no reason," police and prosecutors have a right to detain your for 48 hours without bringing formal charges if they believe you have committed a serious crime that will involve jail time if found guilty.  In many US states, they can hold you even longer (72 hours):

http://blogs.findlaw.com/blotter/2012/07/how-long-can-you-be-held-without-charges.html

So, it's not as if that doesn't exist in Western legal systems.

Korea's criminal justice system probably leaves a lot to be desired, but I find your sensationalized post to be rather misleading.

A Korean man hits you and you defend yourself and you spend 48 hours in jail. Even if you were the victim and you'll probably be fined.

It's unfair but the thing is, we aren't Korean. We can't expect all of the benefits that come with citizenship because we aren't penalized with all of the negatives. If a fight broke out back home(USA for me) between a white american and an immigrant from Iran or Mexico, which side do you think the police will take? Even a well off white guy vs a young black man in America, which side do you think the police will take?

I'm not trying to defend it, but the fact is immigrants and minorities all over the world get the short end of the stick.

Everyone knows this.

What is the point of making this comment on a page for people living in Korea? What does what a black guy and white guy do in America have to do with our rights right now living in Korea? Yeah it's no different but most of us don't have to worry about being foreigners in our home countries and maybe we never thought about it as applied to us before.

It's good to know your rights when you immigrate to a new country. It can be really eye opening.

I think the point was that the OP is known for arguing that everything Korea does is bad, rotten, and horrible.


  • nimrand
  • Super Waygook

    • 489

    • April 07, 2013, 07:40:28 am
    • Lawrence, KS
Re: An overview of the criminal law system in South Korea
« Reply #6 on: April 10, 2017, 02:06:54 pm »
A Korean man hits you and you defend yourself and you spend 48 hours in jail. Even if you were the victim and you'll probably be fined.

Yes, the legal system is biased against foreigners, especially when it comes to fights between a foreigner and an older Korean man.  But, your OP makes it sound like police will just arbitrarily decide to arrest and deport foreigners on sight.  This is not a realistic scenario in my opinion, and is definitely not what the article you link to says.

On the flip side, my friend's luggage went missing on the bus from Seoul to Taean.  He reported it, and the police were very helpful, and were able to recover his luggage.


  • kobayashi
  • Expert Waygook

    • 987

    • August 18, 2016, 11:14:47 am
    • Nibiru
Re: An overview of the criminal law system in South Korea
« Reply #7 on: April 10, 2017, 03:03:39 pm »
It's unfair but the thing is, we aren't Korean. We can't expect all of the benefits that come with citizenship because we aren't penalized with all of the negatives. If a fight broke out back home(USA for me) between a white american and an immigrant from Iran or Mexico, which side do you think the police will take? Even a well off white guy vs a young black man in America, which side do you think the police will take?

I'm not trying to defend it, but the fact is immigrants and minorities all over the world get the short end of the stick.

really curious here, would you say this same thing to an immigrant or minority in america complaining about discrimination and/or racism? "oh it's not your country, don't expect equal treatment".

"oh sorry black person, but you are a minority here, just accept your place in this country and don't expect all the privileges that come with being the majority race".


Re: An overview of the criminal law system in South Korea
« Reply #8 on: April 10, 2017, 04:16:31 pm »
Here is an overview of your rights in Korea as a Canadian.

You can be detained 48 hours for no reason! This is why many people don't report many things here. A victim ends up spending 2 days in jail and has a risk of being deported!

https://travel.gc.ca/travelling/advisories/korea-south/criminal-law-system

What exactly are you trying to start here?  You are deported if you are found guilty of a serious enough crime, which is true of every country in the world.  As for being detained for "no reason," police and prosecutors have a right to detain your for 48 hours without bringing formal charges if they believe you have committed a serious crime that will involve jail time if found guilty.  In many US states, they can hold you even longer (72 hours):

http://blogs.findlaw.com/blotter/2012/07/how-long-can-you-be-held-without-charges.html

So, it's not as if that doesn't exist in Western legal systems.

Korea's criminal justice system probably leaves a lot to be desired, but I find your sensationalized post to be rather misleading.

A Korean man hits you and you defend yourself and you spend 48 hours in jail. Even if you were the victim and you'll probably be fined.

It's unfair but the thing is, we aren't Korean. We can't expect all of the benefits that come with citizenship because we aren't penalized with all of the negatives. If a fight broke out back home(USA for me) between a white american and an immigrant from Iran or Mexico, which side do you think the police will take? Even a well off white guy vs a young black man in America, which side do you think the police will take?

I'm not trying to defend it, but the fact is immigrants and minorities all over the world get the short end of the stick.

Everyone knows this.

What is the point of making this comment on a page for people living in Korea? What does what a black guy and white guy do in America have to do with our rights right now living in Korea? Yeah it's no different but most of us don't have to worry about being foreigners in our home countries and maybe we never thought about it as applied to us before.

It's good to know your rights when you immigrate to a new country. It can be really eye opening.

The point is, people assume that the laws and regulations back home will be the same in Korea, when it's not. There is no self defense clause in Korea except for when your life in is danger. Otherwise, the person who is hurt more will win, especially against a Korean. It sucks. It does and it sucks back home, but that's just how shit is sometimes.


Re: An overview of the criminal law system in South Korea
« Reply #9 on: April 10, 2017, 04:17:47 pm »
It's unfair but the thing is, we aren't Korean. We can't expect all of the benefits that come with citizenship because we aren't penalized with all of the negatives. If a fight broke out back home(USA for me) between a white american and an immigrant from Iran or Mexico, which side do you think the police will take? Even a well off white guy vs a young black man in America, which side do you think the police will take?

I'm not trying to defend it, but the fact is immigrants and minorities all over the world get the short end of the stick.

really curious here, would you say this same thing to an immigrant or minority in america complaining about discrimination and/or racism? "oh it's not your country, don't expect equal treatment".

"oh sorry black person, but you are a minority here, just accept your place in this country and don't expect all the privileges that come with being the majority race".

I'd tell them to just get away. Yeah, he hit you first, but you're going to lose if you fight it/fight him. Hit the guy and get the hell away, because if you're an immigrant or a POC in America, you will lose this fight.

As an immigrant, the onus is on you to avoid/get away from an escalted situation, even if that means fighting. Now, in America, you have self defense laws. However in Korea, those laws do not exist.
« Last Edit: April 10, 2017, 04:31:55 pm by HiddenPerson »


  • Aurata
  • Expert Waygook

    • 924

    • July 10, 2016, 09:51:51 pm
    • Korea
    more
Re: An overview of the criminal law system in South Korea
« Reply #10 on: April 11, 2017, 12:34:09 am »
We can't expect all of the benefits that come with citizenship because we aren't penalized with all of the negatives.

What do we pay taxes for exactly?
Imagine your Korea...


Re: An overview of the criminal law system in South Korea
« Reply #11 on: April 11, 2017, 01:56:11 am »
I would guess that waygookins pay taxes in Korea to keep the local population from
complaining too much.


  • kyndo
  • Moderator LVL 1

    • 5195

    • March 03, 2011, 09:45:24 am
    • Gyeongsangbuk-do
Re: An overview of the criminal law system in South Korea
« Reply #12 on: April 11, 2017, 08:41:27 am »
What do we pay taxes for exactly?
To subsidize public transport.
To subsidize municipal maintenance (roads, garbage, utility infrastructure etc)
To subsidize medical care costs.
To pay for the wages of government workers (ourselves included).
To pay for emergency services.
To subsidize food costs (growers of basics such as rice and cabbage receive tons of governmental support)
To subsidize economically important companies, such as the airlines that many of us used to arrive here.
To support a military that prevents the communist hordes from drowning us in a "sea of flames".
To you get the idea.


Re: An overview of the criminal law system in South Korea
« Reply #13 on: April 11, 2017, 08:58:38 am »
It's unfair but the thing is, we aren't Korean. We can't expect all of the benefits that come with citizenship because we aren't penalized with all of the negatives. If a fight broke out back home(USA for me) between a white american and an immigrant from Iran or Mexico, which side do you think the police will take? Even a well off white guy vs a young black man in America, which side do you think the police will take?

I'm not trying to defend it, but the fact is immigrants and minorities all over the world get the short end of the stick.

really curious here, would you say this same thing to an immigrant or minority in america complaining about discrimination and/or racism? "oh it's not your country, don't expect equal treatment".

"oh sorry black person, but you are a minority here, just accept your place in this country and don't expect all the privileges that come with being the majority race".

He EXPLICITLY said he wasn't defending it.