| Nationality |
Vietnam |
| Case Overview |
The client, unable to pay for education, dropped out of school, became an illegal resident, and performed unauthorized surgeries (circumcision, genital enlargement) to make a living, which led to their arrest. |
| Special Circumstances |
No prior criminal record. The client has a family that depends on their support. There is no risk of reoffense. |
| Case Handler |
Lead Attorney Yongjun Kim |
| Outcome |
Two-year suspended sentence. |
1. Client Situation and Facts
The client, a Vietnamese national, was arrested for performing circumcisions and genital enlargement surgeries on Vietnamese men living in Korea.
After high school, the client worked at a cousin’s clinic in Vietnam, where they learned tattooing, circumcision, and implant surgeries. In 2019, the client came to Korea on a language study visa but had to drop out due to financial difficulties. The client started working in logistics and, upon a friend’s request, performed circumcision on him. This led to the client performing similar surgeries for other Vietnamese men who couldn’t access hospitals due to language barriers or illegal status. When a disgruntled individual, who was refused training by the client, reported them to the police, the client was arrested.
The client did not realize the gravity of the offense in Korea, as such practices are common and unregulated in Vietnam. They deeply regret not adhering to Korean laws and sincerely repent their actions.
Ma-Jung believed in the client’s genuine remorse and decided to assist in their defense.
2. Case Issues and Resolution Process
1) Highlighting Remorse and Consequences
Ma-Jung emphasized the client’s admission of guilt and deep remorse. The client had already been detained for nearly three months due to the risk of flight as an illegal resident. During this time, the client’s pregnant wife endured hardships alone.
2) Family Dependency
We highlighted the client's family dependency, noting that before the arrest, the client sent 1-1.5 million KRW monthly to support their family in Vietnam and was responsible for their pregnant wife’s living expenses. We pleaded for leniency so the client could return to Vietnam with his wife before the birth of their child.
3) No Direct Harm to Individuals
We argued that no one suffered direct harm due to the client's actions. Despite not being a licensed medical professional, the client maintained high hygiene standards and provided proper aftercare, ensuring no post-surgery complications. All individuals who received surgeries were aware of the client's non-medical status, which falls under the mitigating factor of ‘patient’s prior consent.’
3. Case Outcome and Client Benefit
The court accepted Ma-Jung’s arguments, acknowledging the client’s remorse, lack of prior criminal record, and specific circumstances.
The client received a two-year suspended sentence.
4. Significance of the Judgment (Explanation of the Disposition)
Foreign nationals in Korea, due to cultural and language barriers, can inadvertently find themselves in legal trouble. They may struggle to address issues promptly, leading to severe complications.
Expressing genuine remorse and reflecting on one’s actions can help resolve matters swiftly. It is crucial to seek assistance from legal experts like Ma-Jung Foreign Client Center to prevent further issues such as forced deportation.
