Legitimate Self-Defense, Emergency Evacuation, Etc.
Justifiable Act- Actions under the law, work for business, or other acts not violating social rules shall not be penalized, as such acts preclude illegality (Article 20 of the Criminal Act).
Legitimate Self-Defense- An act which is performed in order to prevent impending and unjustinfringement of one's own or another person's legal interest shall not bepunishable if there are reasonable grounds for that act as the illegality ofthe act is precluded (Article 21(1) of the Criminal Act).
- However, when a preventive act has exceeded normal limits, thepunishment may be mitigated or remitted according to the extenuatingcircumstances. (Article 21(2) of the Criminal Act).
※ In thecase of the preventive act, an act performed through fear, surprise,excitement, or confusion in the night or under other extraordinarycircumstances shall not be punishable (Article 21(3) of the Criminal Act).
- If a person takes self-defense to prevent or protect himself/herself from a criminal who harms or tries to harm the person by committing a crime under the Punishment of Violence, Etc. Act with a weapon or dangerous object (Article 8, paragraph 1 of the Punishment of Violence, Etc. Act).
- However, if a person takes excessive self-defense for prevention or protection, he/she shall be penalized with a lighter sentence (Article 8, paragraph 2 of the Punishment of Violence, Etc. Act).
※ Even if a person takes excessive self-defense to prevent the crime or protect himself/herself from harm, he/she shall not be penalized if taking action at night, or in precarious circumstances out of fear, shock, agitation, or panic (Article 21, paragraph 3 of the Punishment of Violence, Etc. Act).
Emergency Evacuation- Suppose a person has justifiable reasons to take action to escape from crises that endanger his/her or another person’s legal benefits and protection. In this case, the person shall not be penalized (Article 22, paragraph 1 of the Criminal Act).
※ However, emergency evacuation does not apply to persons responsible for confronting danger, such as soldiers, firefighters, police officers, or doctors (Article 22, paragraph 2 of the Criminal Act).
- If the person takes excessive measures to escape danger, he/she may be penalized with a lighter sentence or be exempted from punishment depending on the circumstances (Article 22, paragraph 3 of the Criminal Act).
※ However, even if a person takes excessive measures to escape danger, he/she shall not be penalized if taking action at night, or in precarious circumstances out of fear, shock, agitation, or panic (Article 22, paragraph 3 of the Criminal Act).
Self-Defense Measures- Where the right of rightful person is illegally infringed upon and when it is impossible to preserve a claim by legal procedure, the action taken in order to avoid the impossibility or significant difficulties of its execution shall not be punishable when there are reasonable grounds. (Article 23, paragraph 1 of the Criminal Act and the Collection of Legal Terms and Cases).
- If the person takes excessive measures to relieve or fulfill his/her rights himself/herself, he/she may be penalized with a lighter sentence or be exempted from punishment depending on the circumstances (Article 23, paragraph 2 of the Criminal Act).
Injured Party’s Approval- Suppose a person harms another person’s legal benefit and protection by his/her approval, and the person who approved has discretionary authority. In this case, the corresponding person shall not be penalized unless special regulations are stipulated under the law (Article 24 of the Criminal Act).