Perjury & Evidence Destruction Lawyer
Perjury & Evidence Destruction Lawyer | What actually gets prosecuted, and where the defense fights are won
Perjury (위증) applies when a person who has taken an oath before a court or another tribunal makes a statement that is false, and it is punishable by imprisonment for up to five years or a fine of up to 10 million won (형법 제152조 제1항). Evidence destruction (증거인멸) applies when someone destroys, alters, or hides evidence relevant to another person's criminal case or disciplinary proceeding, or gets someone else to do so, and can also result in up to five years' imprisonment or a fine of up to 10 million won (형법 제155조 제1항). Both crimes hinge less on what actually happened and more on what the accused knew and intended at the time — which is exactly why early, careful legal advice matters before further statements are made to investigators.
Perjury & Evidence Destruction | Did you actually know the statement was false?
Perjury is not simply about being wrong on the stand. The prosecution must show that you subjectively knew, at the moment you testified, that what you were saying did not match your own memory or understanding of the facts.
Perjury requires a false statement measured against your own memory
Korean courts have consistently held that whether a statement is 'false' for perjury purposes is judged against the witness's own memory and perception, not against objective historical fact (형법 제152조 제1항). If you testified honestly based on a mistaken memory or a misunderstanding of the question, that is a critical distinction from deliberately saying something you knew to be untrue. This is usually the single biggest point of contention in these cases.
Contradicting an earlier statement is not automatically perjury
Investigators sometimes point to inconsistencies between your court testimony and an earlier police or prosecutorial statement as if that alone proves perjury. It does not — memory naturally shifts over time, questions get phrased differently, and partial recollection is normal. The relevant question is always what you believed to be true when you raised your hand and swore the oath in front of the court that day.
Aggravated perjury in someone else's criminal case
If your false testimony was given in a criminal trial and it caused the defendant to be convicted or receive a disciplinary sanction, the sentence can be aggravated (형법 제153조 provides for reduction or exemption of punishment if the witness confesses before the case is finalized, which is a separate, important consideration). Understanding whether a voluntary correction or confession is available and how it affects sentencing is something to discuss with counsel before deciding how to proceed.
Perjury & Evidence Destruction | What actually counts as 'evidence' and 'destruction'
Evidence destruction charges are broader than people expect — the object does not have to be a smoking gun, and 'destruction' includes hiding or altering, not just physically breaking something.
The evidence must relate to someone else's case
Article 155 of the Criminal Act only covers evidence relevant to another person's criminal case or disciplinary proceeding — destroying evidence in your own case is generally not punishable under this provision, though it can still matter for how your own case is viewed (형법 제155조 제1항). Whether the case belongs to 'another person' as opposed to yourself, and whether an investigation had already begun, are often disputed factual questions.
Deleting messages, hiding documents, and asking others to do the same all count
Deleting a text message thread, wiping a phone, shredding a document, or hiding a physical object can all qualify as 'destruction, alteration, or concealment' under Article 155. Persuading or instructing another person to destroy evidence on your behalf is treated the same as doing it yourself, and can also expose that other person to liability.
Fabricating false evidence is a separate, related offense
Creating false evidence to be used in someone else's criminal case or disciplinary proceeding is punished under the same article as destruction (형법 제155조 제1항), and inducing a witness to give false testimony is separately punishable (형법 제155조 제3항). These provisions are often charged together with perjury when an entire scheme to mislead an investigation is uncovered.
Perjury & Evidence Destruction | What to be careful about once you are contacted as a suspect
Most damage in these cases happens after the initial act — during the investigation itself, when a suspect tries to explain, minimize, or fix what happened without first understanding how the statements will be used.
Everything said in the investigation interview is a statement, not a conversation
Investigators are trained to ask the same question multiple ways to test consistency. A suspect who tries to talk their way out of an inconsistency without preparation often creates new, avoidable contradictions. Reviewing the original testimony or documents with a lawyer before the interview helps identify what genuinely needs clarification versus what should simply be left as is.
Contacting co-witnesses or the other party can backfire badly
Reaching out to a co-defendant, the original witness, or the party who benefited from the false testimony to 'get the story straight' is frequently treated by prosecutors as an attempt to further obstruct the investigation, sometimes leading to additional charges or a request for pretrial detention. Any necessary contact should go through legal counsel, not directly between the parties involved.
Voluntary correction before the case is finalized can matter for sentencing
For perjury, Article 153 of the Criminal Act allows for the punishment to be reduced or exempted if the person confesses or corrects the false testimony before the related judgment or disciplinary decision becomes final (형법 제153조). Whether and how to make such a correction is a strategic decision that should be made with legal advice, since a poorly timed or worded correction can also be read as an admission with different implications for other related charges.
⚠ Do not attempt to 'fix' the record on your own
Trying to correct testimony informally, contacting the other witness to align stories, or deleting anything further after you learn you are under suspicion can itself be treated as evidence of intent, or as a fresh act of obstruction. Speak with a defense lawyer before taking any corrective action.
Perjury & Evidence Destruction | From receiving a notice to case resolution
Before any further statement is made, counsel reviews the original testimony transcript, the underlying case file if accessible, and the specific allegation to identify what the prosecution actually needs to prove.
The suspect and lawyer go through likely questions in advance, focusing on distinguishing genuine memory from what investigators are trying to characterize as knowing falsehood.
Counsel can accompany the suspect into the interview room under current practice and intervene if questioning becomes improper, and can request a written record review before signing.
Depending on the evidence, the prosecutor may decide not to indict, offer a summary indictment (fine only) for less serious cases, or proceed to formal indictment for trial.
If indicted, the defense focuses on the suspect's actual state of mind at the relevant time, and, where applicable, presents mitigating factors such as a timely correction under Article 153.
Perjury & Evidence Destruction | How legal fees are calculated in these cases
Typically set based on the stage the case is at when you retain counsel (pre-investigation, after receiving a summons, or after indictment) and the complexity of the underlying case the perjury or evidence destruction is connected to.
If applicable, a success fee is usually tied to a defined favorable outcome such as a non-indictment decision, a summary indictment instead of formal trial, or a suspended sentence, and is agreed in writing before representation begins.
Covers costs such as obtaining case records, transcription of interview recordings, and travel to court or investigative agencies outside Seoul if relevant.
Where the perjury or evidence destruction charge is connected to another ongoing criminal case (yours or a third party's), coordinating with counsel on that separate case may involve an additional fee arrangement.
※ Costs vary depending on case complexity and specific circumstances; exact fees will be provided during consultation. No specific outcome is guaranteed.
Perjury & Evidence Destruction | Self-Check Before You Speak to Investigators
1️⃣ Assessing Your Perjury Exposure
- Did you take a formal oath before the court, court-martial, or other tribunal when you gave the statement in question?
- Was the statement inconsistent with your own memory at the time, or just inconsistent with an earlier statement you made?
- Did the testimony affect the outcome of someone else's criminal or disciplinary case?
- Have you made any attempt, formal or informal, to correct the statement since giving it?
2️⃣ Assessing Your Evidence Destruction Exposure
- Was the item or record connected to someone else's ongoing or already-initiated criminal or disciplinary case?
- Did you delete, alter, hide, or physically destroy anything after becoming aware of a related investigation?
- Did you ask, instruct, or persuade anyone else to destroy or hide something on your behalf?
- Do you have any record (backups, screenshots, metadata) that could show when the item was created or removed?
3️⃣ Before Your Investigative Interview
- Have you reviewed the original transcript or document that is the basis of the allegation?
- Have you avoided contacting any co-witness, co-defendant, or the other party about the case since being contacted?
- Have you decided in advance which points you are certain of and which are genuinely uncertain memories?
- Have you consulted a defense lawyer about whether a voluntary correction under Article 153 could apply to your situation?
