Workplace Assault | A Client Implicated in a Workplace Assault Case Defends Against Punishment by Obtaining a Non-Referral Disposition

The client had been working diligently for several years as a deputy general manager at Company A.

The department to which the client belonged was structured to require collaboration with related departments within the company because of the nature of its work, and accordingly the client's department was carrying out its work while communicating with other departments within the company.

One day, a conflict arose between an assistant manager of another department (hereinafter the “victim”) and Employee B of the client's department.

When the victim encountered Employee B in the pantry, the victim used threatening language toward Employee B, saying, “Why did you carry out this work in this way?” and “I have suffered because of you.”

In response, the client tried to defuse the situation by stepping in between the victim and Employee B and attempting to calm both sides.

While saying, “Please calm down,” the client lightly took hold of the victim's shoulder, and the victim then claimed that the client had assaulted him and filed a complaint.

Having become implicated in the workplace assault case, the client requested the assistance of a criminal attorney of Daeryun Law Firm in order to clear the unjust charge.

1) Argument That No Physical Force Was Exercised Against the Body

After reviewing the facts of the workplace assault case, the criminal attorney emphasized that the client's conduct could not be regarded as the exercise of physical force against the other party.

The attorney asserted that the client had merely taken hold of the victim's shoulder for a moment to break up the dispute and to request that the victim calm down, and that there was no intent to assault and no exercise of force.

2) Proof of the Mediating Purpose Through Eyewitness Statements

The attorney secured statements from employees who were present at the scene at the time of the incident and proved that the client had sought to stop the conflict between the victim and Employee B.

Through this, the attorney clearly demonstrated to the investigative authorities that the client's conduct was not assault but rather an act of mediation to prevent the dispute.

3) Denial of Intent and Construction of the Defense Logic

The criminal attorney argued that the client's conduct was a response, as a superior, to settle the situation, and made clear that it was difficult to establish the charge of assault itself.

The investigative authorities acknowledged that the client's conduct was difficult to regard as the exercise of physical force against the other party and amounted to no more than contact that occurred in the course of mediating a dispute.

They also accepted that it was difficult to find that the client had the intent to assault.

Accordingly, the investigative authorities decided on a non-referral disposition in the workplace assault case, and the client was able to return to work safely and continue with daily life.

simple assault, a person may be subject to imprisonment for not more than 2 years, a fine of not more than 5 million won, detention, or a minor fine.

Where a person commits violence by exercising the power of a group or a multitude, or by carrying a dangerous object as referred to in the Criminal Act, that person is punished for special assault and is subject to imprisonment for not more than 5 years or a fine of not more than 10 million won.

If a person has committed assault habitually, the punishment may be aggravated by up to one-half of the penalty prescribed for that offense, so caution is required.

When proceeding with a settlement, it is important to carefully manage the entire settlement process so that the circumstances of the case and one's position are not distorted.

In particular, if the contents of the settlement are not clearly organized, this may operate unfavorably in the subsequent investigation.

Once a settlement has been reached, a statement of no wish to punish must be submitted so that the victim's lack of intent to seek punishment is clearly demonstrated.

If a settlement is not reached, it is necessary to respond calmly, focusing on whether the conduct at the time constituted an assault.

One must organize and demonstrate, one by one, whether it was a process of mediating a dispute rather than an intentional exercise of violence, and whether the conduct can be regarded as the exercise of physical force against the other party's body.

In this process, a criminal attorney can organize the circumstances of the case in legal terms and provide assistance so that the client's position is conveyed to the investigative authorities without misunderstanding.

If you need assistance with a workplace assault case, it may be helpful to review the direction of your response through a 🔗Legal Consultation Reservation with a criminal attorney of Daeryun, Korea's ninth-largest law firm (based on 2025 value-added tax filings with the National Tax Service).