지하철성추행 Sexual Harassment on the Subway 공밀추 Indecent Acts in Crowded Pu…

박동진 변호사

Attorney at Lawfirm Dongju

Prosecutor at the Seoul Western, Geochang, Cheongju, Daegu (Violent Crimes Division), Seoul Southern, Bucheon, Daegu, and Seoul Northern District Prosecutors’ Offices and their Branch Offices (1992–2005) 

Prosecutor, Seoul High Prosecutors’ Office (2006, 2016–2018) 

Prosecutor, Jeonju Branch of Gwangju High Prosecutors’ Office (2008); Jeju Branch (2009) 

Chief Prosecutor, Criminal Division 1, Daegu District Prosecutors’ Office, Western Branch (2007); Chief Prosecutor, Criminal Division 2, Daejeon District Prosecutors’ Office (2010) 

Chief Prosecutor, Jinju Branch of Changwon District Prosecutors’ Office (2012) 

Chief Prosecutor, Wonju Branch of Chuncheon District Prosecutors’ Office (2013) 

Advisor to the Chairperson, Anti-Corruption and Civil Rights Commission of Korea (2014) 

Chief Prosecutor, Gyeongju Branch of Daegu District Prosecutors’ Office (2015) 

Chief Prosecutor, Major Economic Crimes Investigation Team, Busan District Prosecutors’ Office (2019, 2020) 

Head and Chief Prosecutor, Major Economic Crimes Investigation Team, Seoul Central District Prosecutors’ Office (2021, 2022)

세줄요약

• 지하철을 포함한 공공장소에서 신체적 접촉이 있었다가 성추행으로 신고당하는 외국인 사례가 지속적으로 발생하고 있습니다.

• 지하철성추행이 인정될 경우 공중밀집장소추행(공밀추) 혐의로 처벌될 수 있습니다.

• 지하철성추행으로 처벌받은 외국인은 출입국 사범심사에서 출국명령 조치를 받을 수 있습니다.

외국인 지하철성추행 공공장소 신체 접촉 공밀추 어떻게 대응해야 할까?

Foreign nationals accused of sexual harassment on the subway in South Korea: How to respond to Indecent Acts in Crowded Public Places

Hello. This is Lawfirm Dongju.

A person may unintentionally end up touching another individual’s body in densely populated places, such as crowded subways during rush hour.

One may assume that the incident will not cause any legal problems because there was no intention to engage in such conduct. However, the complainant may think that the act was done for the purpose of his or her own direct sexual gratification and report to the police.

You may feel frustrated and want to insist that you have been wrongly accused. Nevertheless, simply claiming that the accusation is false and accurately explaining the circumstances of the incident are two entirely different matters.

Without supporting your position with concrete facts and evidence, you may end up facing criminal liability. Moreover, you may receive a Departure Order if you are a foreign national.

1. What is the potential criminal penalty against foreign nationals when accused of sexual harassment on the subway?

Sexual misconduct in crowded public places, including subways, can punished by Indecent Acts in Crowded Public Places under South Korean legal system.

This offense, commonly referred to as “Gongmilchu” in South Korea, is prescribed under Article 11 of the Act on Special Cases Concerning the Punishment of Sexual Crimes.

As of 2026, the offense is punishable by imprisonment for up to three years or a criminal fine of up to KRW 30 million.

Furthermore, the offense may result in additional legal consequences if applicable legal requirements are met, such as sex offender registration.

Foreign nationals may also be subject to Immigration Violation Screening. If the immigration authorities determine that the individual is no longer eligible to remain in South Korea, a Departure Order may be issued if applicable legal requirements are met.

Given the potential criminal and immigration consequences, foreign nationals facing such allegations should seek legal advice from the outset.

2. Can simply insisting that you were wrongfully accused resolve the matter?

If the physical contact occurred entirely by accident, you may want to insist that you have been wrongly accused. 

Since the complainant has reported the contact was intentional, you need to present a coherent factual explanation supported by relevant evidence in order to challenge that allegation.

Without doing so, the investigative authorities may question the credibility of your statements.

Therefore, it is important to set aside emotional reactions if you wish to deny the allegation.

3. How should a foreign national respond to accusation of sexual harassment on the subway?

The first step is to reconstruct the incident as accurately and specifically as possible.

This means you need to document all the relevant circumstances of the case in chronological order, including how crowded the subway was, how the physical contact occurred, which part of the body was involved, how long the contact lasted, whether it occurred repeatedly, and how you behaved immediately afterward.

This process not only allows you to determine whether any circumstances could lead to criminal liability but also provides a foundation for deciding how to respond to the allegations and what evidence or sentencing materials may be needed.

The next step is to prepare for police interrogation, as statements made during the interrogation may serve as evidence and affect the outcome of the case.

Please be aware that any statements interpreted differently from what you intended may increase the risk of an adverse assessment and lead to serious consequences, including a Departure Order.

At Lawfirm Dongju, lawyers with more than ten years of practical experience in criminal cases involving foreign nationals assist clients in preparing their responses.

If you are having difficulty in preparation, please feel free to contact us for a consultation.

4. FAQs about sexual harassment on the subway involving foreign nationals

Q1. If CCTV footage does not show the physical contact, is it possible to avoid prosecution?

The absence of clear CCTV footage showing the alleged physical contact may work in your favor. However, it does not necessarily mean that the case will automatically be dismissed.

Please be aware that the investigative authorities may examine other available evidence in order to clarify the circumstances of the incident.

Q2. Can reaching a settlement with the complainant lead to the case being dismissed?

No. Prosecution may still proceed even after you reach a settlement with the complainant.

Furthermore, you should carefully consider whether to enter into a settlement with the complainant, if you wish to deny the accusation.

Please note that entering into a settlement can be interpreted as inconsistent with your defense position.

Q3. Can a first-time offender receive a suspension of prosecution?

Being a first-time offender may be a favorable consideration, but the status alone does not guarantee a suspension of prosecution.

5. Early legal intervention is critical when accused of sexual harassment on the subway

The parties involved in cases related to sexual harassment on the subway tend to describe the circumstances differently.

Therefore, it is important to establish the facts accurately from the outset to avoid misinterpretations of the incident.

This is why police interrogation is particularly important. The outcome may differ depending on what statements are made and how circumstances are arranged during the process.

If you need assistance, please consider consulting with lawyers at Lawfirm Dongju.