Indecent Assault Charges in Korea: Elements, Penalties and Consequences

In Korea, indecent assault does not require sexual intent, and since 2023 it no longer requires violence or threats strong enough to make resistance impossible. The two questions heard most often in consultations — is this even a crime, and will a fine be the end of it — both have answers that changed in the last few years. The reach of the offence has widened, and the orders that follow a conviction attach even to a fine.

1. What makes an act indecent

In its decision of 5 June 2025 (2022Do9676) the Supreme Court described an indecent act as conduct that objectively causes sexual shame or disgust in an ordinary person, runs contrary to sound sexual morality, and infringes the victim's sexual freedom.

The Court also held that the subjective element of the offence requires only intent. It is not necessary that the offender was motivated by a desire to arouse, excite or satisfy sexual desire. That is why an explanation of the form "I had no sexual intention" does not, on its own, change the conclusion.

2. The violence standard changed in 2023

Article 298 of the Criminal Act punishes a person who commits an indecent act by violence or threat with up to ten years' imprisonment or a fine up to 15 million won.

Older case law, in cases where the violence or threat came before the indecent act, required force sufficient to make resistance difficult. The Supreme Court changed that in a full-bench decision of 21 September 2023 (2018Do13877). Violence or threat for this offence no longer needs to be strong enough to make resistance difficult: it is enough to exercise unlawful physical force against the other person's body, or to communicate harm of a kind that would generally cause that person fear. The reason given was that the previous doctrine did not fit the elements of the offence or the protected interest, which is sexual self-determination.

A separate line of authority covers the so-called surprise indecent act, where the physical contact is itself the indecent act. There the courts have always held that physical force against the other person's will is sufficient, whatever its magnitude. Grabbing or touching someone in passing falls here.

3. Withdrawing the complaint does not end the case

Article 306 of the Criminal Act, which made sexual offences complaint-dependent, was repealed on 18 December 2012. Investigation and prosecution can now proceed without a complaint, and neither a withdrawal of the complaint nor a settlement closes the file. A settlement remains a factor in the disposition and in sentencing.

4. What follows a conviction besides the sentence

Many people treat the early stage lightly on the assumption that a fine ends the matter. The effect on employment and professional qualification survives a fine, which is why the target disposition has to be chosen at the outset.

5. When there is no memory of the evening

This is the most common pattern in consultations. Repeating "I do not remember" in the interview can leave the facts effectively unsettled and the account close to a confession. Asserting a definite denial about a part you genuinely cannot recall creates a conflict with footage or with the statements of others present.

The practical task is to separate what you do remember from what you do not, and to work outward from what can be objectively confirmed: CCTV, the seating arrangement, what others present say.

6. How the complainant's account is assessed

Where the accused denies the allegation and the direct evidence is effectively the complainant's statement alone, the court must assess it carefully. The 2022Do9676 decision set out the factors: whether the material parts of the account are consistent and specific, whether they are reasonable in light of logic and ordinary experience, whether the account contradicts itself or established fact, and whether there is a motive to make a false statement against the accused.

That is where the dispute is actually located. The same contact can lead to different conclusions depending on the circumstances and on what material survives. If an interview has been scheduled, secure the footage and the message records before that date. Contact Taeshin Law Firm for a confidential consultation in English.