Nephew's knife defense against abusive uncle ruled 'justifiable' by South Korea's top court

South Korea's Supreme Court has ruled that a nephew's use of a knife against his uncle constituted justifiable self-defense, overturning a lower court's conviction for threat.

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A's actions were a response to B's continued unjust attack, where he came to the house without notice, used violence, and threatened with a weapon, and were carried out in a passive and defensive manner.

The case involved a nephew, identified as "A," who texted his uncle, "B," stating he remembered being sexually abused by him as a child. The uncle responded by traveling to A's home, hitting him, and threatening him with scissors, saying, "I'll kill you." In response, A also struck B and brandished a knife, telling his uncle, "If you want to die, you die. Come at me if you want to die."

The Supreme Court acknowledged that A's actions were a response to B's unannounced arrival, violence, and threats with a weapon. The court stated that A's actions met the requirements of justifiable defense, including legitimacy of purpose, reasonableness of means, urgency, and subsidiarity. The court emphasized that A acted out of fear and a desperate need to protect himself from further harm, considering the uncle's violent behavior, their past relationship, and the gender dynamics involved.

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Considering the violence of B, the past relationship between the two, and gender, among other factors, [A's actions] can be seen as an act done out of fear and a desperate need to stop B's further aggressive actions that threatened his life.

In its ruling, the Supreme Court highlighted that B bore the primary responsibility for the conflict due to his aggressive actions. The court concluded that A's defensive measures were proportionate and less severe than B's assault and threats, resulting in less harm. This decision underscores the importance of considering the entire context of a conflict, including the specific circumstances and power dynamics, when evaluating acts of self-defense within a domestic setting.

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In a situation of mutual domestic violence, when the initial victim defensively wields a weapon, the assessment of justifiable defense should not be made by isolating the act at that moment, but by comprehensively considering the specific situation that led to the act, the circumstances and dynamics of the dispute.