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"We were both drinking, so I won't be punished, right?" Not so. If the other person was too intoxicated to make a normal judgment or express refusal, a quasi-indecent act (준강제추행) may be established.

[Table of Contents]

1. What Is a Quasi-Indecent Act?

2. Is Consent Given While Intoxicated Valid?

3. "I Was Drunk Too and Don't Remember"

4. Why You Must Secure CCTV Footage First

5. Your First Statement Shapes the Entire Case

What Is a Quasi-Indecent Act?

A quasi-indecent act is defined under Criminal Act Article 299 (형법 제299조). It applies when someone commits an indecent act by exploiting another person's state of unconsciousness or inability to resist (심신상실 또는 항거불능).

The key point: it is established even without any force or threat. If physical contact is made by exploiting a state in which the other person cannot express refusal — such as being heavily intoxicated or asleep — Article 299 provides that it is punished under Article 298 (indecent act by compulsion).

Is Consent Given While Intoxicated Valid?

Many say, "It seemed like they consented." However, consent given while heavily intoxicated may not be recognized as legally valid consent, because it stems from a state in which normal judgment is impaired.

Accordingly, the fact that the other person did not refuse at that moment, or went along with it smiling, does not by itself avoid punishment. What matters is not the outward reaction, but whether the person was capable of normal judgment at the time.

"I Was Drunk Too and Don't Remember"

The fact that the accused was also intoxicated is not a ground for exemption from punishment. It may instead be weighed more heavily, given that they approached someone whose judgment was impaired.

Saying "I don't remember" does not lead to acquittal on its own. A lack of memory is not a defense — it means the facts must be contested through objective evidence.

Why You Must Secure CCTV Footage First

Immediately after an incident, the first priority is to secure objective materials such as CCTV footage. Even if you cannot obtain the footage yourself, requesting its preservation is worthwhile.

Footage is deleted over time, and the material most favorable to you often disappears first. The more uncertain everyone's memory is — as at a drinking party or company dinner — the more valuable objective records become.

Your First Statement Shapes the Entire Case

How you testify in the first investigation determines the direction of the whole case. Statements made while your memory is unclear are hard to retract later and may remain as unfavorable evidence.

We therefore recommend consulting a criminal defense attorney before any questioning. If you are facing investigation over a quasi-indecent act allegation, consult the criminal defense attorneys at Cheongchul Law Firm.

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This post is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for your specific situation.