What happens when self-defence turns into a criminal case? In this episode, we explore the chilling case of Choi Mal-ja, the woman who fought back against an attacker and ended up in prison. Learn about Korean self-defence law and the retrial that could change everything.
This is crucial listening for anyone living in or visiting Korea.
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The Case of Choi Mal-ja: When Self-Defense Turns into a Crime
In 1964, a young woman named Choi Mal-ja made headlines after defending herself from an attacker, only to find herself sentenced to prison. What appeared to be a clear case of self-defense quickly turned into a complex legal battle that raises important questions about how self-defense is defined in Korean law.
The Incident: What Happened on May 6, 1964?
On May 6, 1964, in the small town of Gimhae-gun (now Gimhae-si), Choi Mal-ja, an 18-year-old woman, found herself in a dangerous encounter with 21-year-old Noh Jae-dong. Noh showed up at her home uninvited, asking for directions, which she reluctantly gave. When he tried to kiss her, Choi refused, and an argument ensued. Noh then forced himself on her, knocking her to the ground. In a desperate attempt to fight back, Choi bit off part of Noh’s tongue.
Noh, in pain and bleeding, later returned to Choi’s home to retrieve the piece of his tongue, with her agreeing to help him find it. However, things quickly escalated when Noh and his friends returned to her house, threatening her family with weapons. The events became a crime scene and led to Choi’s arrest.
The Trial: Self-Defense or Excessive Force?
During the trial, Choi maintained that she had acted in self-defense, as Noh had physically forced himself on her. However, the court did not agree. Despite Choi’s claims that she was trying to protect herself, the judge ruled that the amount of force she used in biting off a portion of Noh’s tongue was excessive, and thus, it couldn’t be considered self-defense. Instead, the court convicted her of grievous bodily harm and sentenced her to 10 months in prison with two years of probation.
Noh, on the other hand, was convicted of intimidation and trespassing, receiving only six months in prison and one year of probation. This disparity in sentencing caused public outcry and set the stage for a long legal battle over what constitutes self-defense in Korea.
The Coercion and Retrial: New Evidence and Unsettling Claims
In 2013, Choi attended Korea National Open University and learned about the term “sexual assault” for the first time. She realized that she had been a victim of sexual assault in 1964, even though the legal system did not recognize it at the time. With the support of classmates and human rights groups, she decided to challenge the original verdict, filing for a retrial in 2020.
However, the legal process has been far from straightforward. Choi claimed that her confession was coerced, and new evidence revealed inconsistencies in the original trial. In 2021, the Busan District Court dismissed her request for a retrial, citing Noh’s inability to speak due to his injuries. Yet, Noh’s military service records later showed that he was still physically fit, raising suspicions that the ruling had been unjust.
The Legal Landscape of Self-Defense in Korea
Self-defense in Korean law is clearly outlined in the Constitution under Article 21, which states that an act performed to prevent imminent and unjust infringement of one’s legal rights is not punishable. However, the concept of “imminent” infringement is crucial: self-defense is only valid if the threat is immediate. If the threat is already over, any retaliatory action would be considered revenge, not self-defense.
In Choi’s case, the court found her actions excessive. This has sparked wider debates about how Korean law defines self-defense and whether the justice system sufficiently protects those who defend themselves from attackers.
The Ongoing Fight: A Supreme Court Decision
After years of legal battles, Choi’s case finally reached the Supreme Court in December 2024. Chief Justice Oh Kyeong-mi reversed the decision made by the Busan District Court, stating that the original investigation into Choi’s case might have been flawed. The court acknowledged that Choi was likely investigated while under illegal detention, which could undermine the 1964 verdict.
The retrial is now more likely than ever, with the potential for justice to be served after decades of fighting the system.
Similar Cases and Legal Precedents
Choi’s case is not the first time that self-defense has been debated in Korean courts. In 1989, the Supreme Court ruled in favour of a woman who bit off part of a man’s tongue during an assault. The court recognized her actions as self-defense and declared her not guilty.
On the other hand, in 2001, the court denied a woman’s claim of self-defense after she killed her abuser during years of domestic violence. Legal experts criticized the court’s decision, questioning why the law doesn’t always protect victims who act in self-defense.
What Can We Learn from Choi’s Story?
Choi Mal-ja’s case raises crucial questions about how the law defines self-defense and how victims of violence are treated in the courtroom. It also highlights the challenges that women in particular face when their cases are not taken seriously, especially when they don’t fit traditional narratives of victimhood.
This case is a reminder that the fight for justice is often long and complicated. As Choi’s retrial continues, we can only hope that the legal system will finally recognize her right to defend herself and overturn a ruling that has haunted her for over 50 years.
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