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After actor and singer Nana (Im Jin-a) subdued a knife-wielding robber but was hit with a countersuit, the resulting controversy has prompted a bill in the National Assembly to expand the scope of self-defense recognition.
Rep. Jeon Yong-gi of the Democratic Party of Korea announced on Aug. 12 that he had introduced a partial amendment to the Criminal Act that specifies in law the criteria for judging "reasonable grounds," a requirement for establishing self-defense.
Under the current Article 21 of the Criminal Act, self-defense is defined as an act to defend against a "present unjust infringement," and is exempt from punishment only when the means used have "reasonable grounds." The amendment would, in principle, recognize self-defense in situations where serious harm to life or body is anticipated, such as: when blocking someone who has broken into a residence and intends to harm a family member; or when responding to an attack backed by a weapon or the force of numbers.
Rep. Jeon explained the purpose of the bill, saying that a mechanical judgment that measures the fear of the scene by hindsight standards forces one-sided sacrifice upon law-abiding citizens.
The "Nana mother-daughter robbery and injury" case dates back to Nov. 15 last year. In the early morning hours that day, a man in his 30s identified only as Kim broke into Nana's home in Guri, Gyeonggi Province, and demanded money before being subdued by Nana and her mother. He was put on trial on charges of attempted robbery. Nana and her mother submitted medical certificates stating that they had suffered injuries requiring 33 days and 31 days of treatment, respectively, due to Kim's crime.
Kim, who was arrested, claimed that he had also been injured and filed a complaint against Nana on charges of attempted murder and aggravated assault, but police decided not to refer the case, ruling that it "constitutes self-defense." Kim repeated the same claims in court, asserting that he had never carried a weapon and that it was Nana's side that first wielded a weapon to threaten him.
As the victim defended herself against the assailant only to face a countersuit, some criticized that the scope of self-defense recognition in Korea is too narrow. Following Kim's countersuit, Nana not only underwent police questioning but also appeared in court as a witness. In court, Nana said, "I got into a physical struggle to first take away the weapon the defendant was holding," and "I persuaded and pleaded with the defendant to make him drop the weapon." She added, "I don't understand why my mother and I have to suffer such humiliation," and "I hope (the defendant) stops here and reflects on what he did."
On Aug. 9, the first criminal division of the Namyangju branch court sentenced Kim, who had been indicted on charges of robbery and injury, to seven years in prison. Kim, who had consistently denied the charge of breaking in while carrying a weapon during the trial, is reported to have filed an appeal citing reasons such as misjudgment of the facts and an unfair sentence.
