
If you hit back, do not expect Korea's self-defense law to support you. Yonhap
By Jung Min-ho
A man has received a prison sentence for assaulting a driver who attacked him first.
The Seoul Eastern District Court sentenced the man, 39, to eight months in prison Saturday for retaliating against a driver, 52, who hit him first with a weapon after an argument about the driver's driving style.
On the other hand, the court gave the driver a suspended prison sentence.
According to the prosecution, the driver hit the younger guy with a “blunt weapon” in anger last September after repeatedly being told to drive slowly.
But the younger man took the weapon from the driver and attacked him back with it, leaving the older man with injuries requiring six weeks of medical treatment.
The younger man claimed he acted in self-defense, but the court said he had other options, including simply running away from the situation. Judge Jang Dong-min said the behavior should be considered an assault that was obviously beyond what should be allowed under the self-defense law.
The case highlights Korea's conservative self-defense law, which is often criticized for its lack of flexibility for defenders.