How to Protect Your Status as a Public Official When Charged with Indecent Assault as a Firefighter

This is 'LAWFIRM LEAP', where three attorneys with backgrounds at major law firms and the police work together as a team on each case.

If you are reading this, you are likely a firefighter, a public official, who has been accused of indecent assault.

If you are implicated in a sex offense, you must defend against actual imprisonment as well as prevent security dispositions for sex offenders. In particular, public officials such as firefighters may also suffer occupational disadvantages such as internal disciplinary action or suspension from duty, which also require a defense.

When a public official is indicted on a sex offense charge, suspension from duty typically follows. This is not a disciplinary action under the State Public Officials Act, but rather a temporary deprivation of one's position that halts the performance of duties while maintaining status.

For this measure to be lifted, the firefighter must be found not guilty of the indecent assault charge.

Therefore, if you are at risk of punishment in this situation, to overcome all these disadvantages, you must accurately assess your circumstances and, if you have been wrongly accused, promptly go through a clarification process to obtain an acquittal or a suspended indictment.

In particular, only by giving accurate, specific, and consistent statements backed by evidence from the early stages of the investigation can the clarification process be carried out effectively, so you should seek an expert experienced in this area.

At LAWFIRM LEAP, our attorneys, who have experience at major law firms and in the police, handle cases with a thorough understanding of the police's perspective and possess deep knowledge and know-how regarding the investigative process.

If you are facing this situation, please read the following carefully to find a way to avoid the risk of losing your job as a sex offender.

01Firefighters Accused of Indecent Assault May Face Both Punishment and Disciplinary Action

This matter may result in punishment under various charges, including indecent assault by force under the Criminal Act, as well as quasi-indecent assault or indecent assault arising from abuse of authority in the workplace.

Generally, if physical contact was forced against another person's will, or if touching a part of the body caused the other person sexual shame or fear, the legal requirements for the offense are satisfied.

02Article 298 of the Criminal Act (Indecent Assault by Force)

A person who commits an indecent act against another through violence or intimidation shall be punished by imprisonment for not more than 10 years or a fine of not more than KRW 15 million.

In particular, if the charge is confirmed and a fine or heavier sentence is imposed, personal information will be registered and disclosed as a sex offender, and an employment restriction order may be imposed or an electronic monitoring device required.

In addition, since a criminal record remains, those preparing for appointment as a public official may become ineligible to proceed with the appointment process.

Furthermore, as a public official, various disciplinary actions may be imposed under the Public Officials Act.

Among the various forms of discipline—dismissal, removal, demotion, suspension, salary reduction, and reprimand—since sex offenses are treated seriously, severe disciplinary action such as dismissal or removal is likely.

Accordingly, in such cases, the public official may be suspended from duty, have their rank lowered, be barred from performing duties for a certain period, or have their salary reduced.

Dismissal or removal results in the loss of one's position as a public official, and as a firefighter, one may also lose pension benefits, making the disadvantage severe.

Therefore, you should promptly obtain active legal assistance regarding this matter, and if the charge is factually true, seek a suspended indictment; if you were wrongly accused of conduct you did not commit, you must pursue proof of innocence.

03Protecting Your Job When Facing Indecent Assault Charges as a Firefighter

Firefighters may find themselves in this situation due to misunderstandings or mistakes occurring in daily life outside their occupational activities.

Given the nature of being a public official, one should be careful to avoid becoming involved in criminal matters. However, if you do become involved in such a matter, rather than panicking and trying to hide the situation alone, it is ultimately wiser to seek legal counsel and take initial measures such as responding properly to the police investigation.

At this point, with the help of an experienced attorney, you should verify the truthfulness of the victim's claims or the contents of the complaint, and examine whether the claims are supported by actual evidence.

You must also determine, through an expert's legal assessment, whether the matter is legally established and whether an acquittal can be argued, and align your statements from the very first interview with that direction.

If physical contact occurred with mutual consent and a complaint was later filed, you must analyze the ordinary relationship with the other party, the circumstances of the incident, and the situation after the incident, and present favorable evidence to prove that consent existed.

Although the victim's statement is a key factor in such cases, if there are contradictions in the witness testimony or the victim's account of the circumstances submitted, and if evidence of these inconsistencies can be found to argue insufficient evidence, it is entirely possible to obtain a finding of being cleared of suspicion.

Only by obtaining a finding of no suspicion can you prevent suspension from duty or other disciplinary action, and avoid future disadvantages in promotion, so thorough preparation is necessary if you believe you have been wrongly accused.

Therefore, you should establish a response strategy tailored to your circumstances and work with an expert who thoroughly understands the investigative process so that you can promptly obtain a non-indictment decision based on lack of suspicion at the police statement and other investigative stages.

Because we have direct experience conducting investigations, we can respond effectively to them.

The attorneys at LAWFIRM LEAP have worked at Korea's leading law firms, Kim & Chang and Bae, Kim & Lee, handling a wide range of sex offense cases, and, having served as police officers, have conducted numerous critical initial investigations in sex offense cases, giving them in-depth know-how needed to respond to police investigations.

Therefore, if you work with LAWFIRM LEAP, we will find a way for our clients to avoid occupational disadvantages while also defending against criminal punishment.

If, after reading this article, you need a way to respond to an imminent police investigation, please contact LEAP at any time.

We will help you succeed in proving your innocence with a customized strategy tailored to each client's circumstances.

Thank you for reading this long article.