| Nationality |
Sweden |
| Case Overview |
The client was scheduled for a police investigation on charges of theft after being caught stealing clothes from a store. |
| Special Circumstances |
No previous criminal record. |
| Case Handler |
Senior Attorney Chise Kim |
| Outcome |
Deferred summary judgment through settlement with the store. |
1. Client Situation and Facts
The client, a Swedish national, was accused of stealing an outer garment from a clothing store in a large Korean shopping mall and was scheduled for a police investigation.
From the beginning, the client admitted their wrongdoing and expressed deep remorse, explaining that personal difficulties and mental turmoil led to the unintentional mistake. Despite wanting to apologize sincerely and seek leniency from the store and its headquarters, the client faced language barriers and sought help from Ma-Jung Foreign Client Center. Believing in the client's genuine remorse, Ma-Jung provided comprehensive support for the police investigation and settlement with the victim store.
2. Case Issues and Resolution Process
1) Attendance at Police Investigation
We accompanied the client to the scheduled police investigation. Before the investigation, we helped the client write a handwritten letter of apology and remorse, which was submitted to the police The client sincerely acknowledged the crime and expressed a desire to apologize and settle with the store. The investigator conveyed the client's intentions to the store and its headquarters.
2) Settlement with the Store
The store requested the client visit in person to apologize. The client visited the store, apologized, and paid for the stolen item. The store indicated willingness to settle, pending approval from the headquarters, which took some time.
3) Submission of Attorney's Opinion
After obtaining confirmation from the store's headquarters, a final settlement was reached. The settlement document stated that no further legal action would be taken. We submitted the settlement agreement and an attorney's opinion to the police, emphasizing the client’s mental distress and sincere remorse, as well as the difficult personal circumstances that led to the incident.
3. Case Outcome and Client Benefit
The store’s headquarters confirmed the settlement, and the police decided to refer the case to a summary judgment.
The client received a deferred summary judgment with a 100,000 KRW fine and no additional settlement payment.
(*A summary judgment is a legal process where the local police chief requests the local court to impose a fine, detention, or penalty of up to 200,000 KRW. This process does not result in a criminal record for the defendant.)
4. Significance of the Judgment (Explanation of the Disposition)
Foreign nationals living alone in Korea for work or study may face unintended legal issues due to cultural differences and language barriers. Without fluency in Korean, they may struggle to address problems effectively from the outset, leading to more significant complications.
Seeking the assistance of Ma-Jung's foreign client experts can ensure the legal process is handled appropriately, emphasizing genuine remorse and the intent to resolve the matter quickly. This helps prevent further issues such as forced deportation due to a criminal record.
