Korean criminal law treats physical altercations more seriously, and processes them faster, than many foreigners expect. Assault (폭행) — the act of physical violence itself, even without injury — and bodily injury (상해) — assault that causes actual physical harm — are separate charges with different penalties, and which one you're facing changes the entire calculation of how the case should be handled.

1Assault (폭행) vs. Bodily Injury (상해) — Why the Distinction Matters

Assault (폭행) covers the use of physical force against another person, regardless of whether it leaves a mark — a shove, a slap, even a thrown object that doesn't connect can qualify. Bodily injury (상해) requires that the act actually caused physical harm, documented typically through a hospital diagnosis (진단서) specifying a recovery period. A charge that starts as assault (폭행) can be upgraded to bodily injury (상해) if the other party later produces a medical diagnosis, even days after the incident — so the absence of visible injury at the scene doesn't mean the case stays at the lower charge.

2Simple Assault Is a "Victim's Complaint" Crime — and That's Your Biggest Lever

Simple assault (폭행) is classified as a crime that generally cannot be prosecuted against the victim's express wishes (반의사불벌죄) — meaning if the other party formally withdraws their complaint, the case is typically dropped. Bodily injury (상해), by contrast, is not — a settlement (합의) with the injured party still matters enormously for sentencing, but it does not automatically end the case the way it can with simple assault (폭행). Knowing which category your case falls into changes what a realistic best outcome actually looks like.

A settlement (합의) with the other party is, in the large majority of assault cases, the single factor that most affects the outcome — more than almost anything said in an interrogation room.

3Settlement (합의) Changes Everything, Even When It Doesn't End the Case

Reaching a settlement (합의) with the other party — typically involving an apology and compensation — is weighed heavily at every stage: whether the prosecutor pursues indictment (기소), whether a case proceeds to trial, and how severe any sentence is if convicted. For bodily injury (상해) charges where a settlement can't end the case outright, it can still be the difference between a summary fine and a suspended sentence, or between a suspended sentence and actual jail time.

4Police Questioning Happens Fast — and Often Both Sides Get Charged

In mutual altercations, it's common for Korean police to investigate and refer both parties as suspects, even if one side clearly started it — self-defense claims are assessed narrowly under Korean law, and "they hit me first" is not automatically a full defense unless the response was proportionate and necessary. If you're questioned at the scene or at a police station, what you say is recorded and can be used later; foreign nationals in particular should request an interpreter (통역) rather than answer in imperfect Korean under pressure.

5Visa and Immigration Consequences Can Outlast the Criminal Case

Beyond the criminal penalty itself, an assault or bodily injury conviction — or even an indictment — can affect visa renewal, status changes, and in more serious cases, referral to immigration authorities for a departure order (출국명령). This risk is a major reason foreign nationals often prioritize resolving these cases quickly and, where appropriate, through settlement (합의), rather than letting them run their full course through the courts.

6Aggravating Factors That Escalate a Case

Charges become significantly more serious — moving from simple assault (폭행) toward special bodily injury (특수상해) or gang-related assault (합동폭행) — when a weapon or dangerous object is involved, multiple people participate, or the injury is severe. These aggravated categories are not subject to the same victim's-complaint dismissal rules as simple assault, and carry substantially higher penalties.

→If You've Been Charged or Are Being Investigated

  1. Don't contact the other party directly to "work it out" — an uncoordinated approach can backfire and is better handled through counsel or a formal settlement (합의) process.
  2. Request an interpreter (통역) for any police questioning — you're entitled to one, and answering in a language you're not fully fluent in creates risk.
  3. Get medical documentation if you were also injured — this matters if mutual charges are a possibility.
  4. Move quickly on settlement (합의) if it's the right call for your case — timing affects both the prosecutor's decision to indict and any final sentence.

→A Note for Latin American Clients

The speed and structure of Korean criminal procedure — and the outsized role settlement (합의) plays — surprises many clients from Latin America, where equivalent processes often work very differently. I represent Spanish- and Portuguese-speaking clients through police questioning, settlement negotiations, and court proceedings, and explain exactly what's happening at each stage.