Is a person punished even for negligent infliction of injury that is not intentional?

Article 258 of the Criminal Act ①A person who inflicts bodily injury on another shall be punished by imprisonment for up to 7 years, suspension of qualifications for up to 10 years, or a fine not exceeding 10 million won.

Article 266 of the Criminal Act (Negligent Infliction of Injury) ①A person who, through negligence, causes bodily injury to another shall be punished by a fine not exceeding 5 million won, detention, or a minor fine.

②The offense under Paragraph 1 cannot be prosecuted against the explicitly expressed will of the victim.

If the act of injury is intentional, it will be punished as the offense of infliction of bodily injury under Article 258-2 of the Criminal Act.

In the case of negligent infliction of injury that is not intentional, a relatively light disposition is imposed rather than a fine for negligent infliction of injury.

In addition, unlike ordinary infliction of bodily injury, this is a crime not punishable against the victim's will, so prosecution cannot be brought against the victim's will, and if the victim expresses a wish not to punish, criminal disposition can be avoided.

Therefore, it is advisable to express a sincere intention to reach a settlement with the victim, to convey a settlement payment and an apology for the victim's recovery, and, if the victim refuses to settle, to demonstrate your efforts toward recovery through means such as the criminal deposit system.

If you do not obtain the victim's wish not to punish, you become subject to criminal disposition, and even a guilty verdict for a fine for negligent infliction of injury leaves a criminal record, so please be careful.

If you have been subjected to a criminal complaint, you may respond on your own, but it is advisable to construct a case strategy with a criminal attorney present where possible, as this allows the matter to be concluded relatively quickly, so we recommend beginning with a consultation.