South Korea Establishes Sentencing Guidelines for Obstructing Emergency Medical Services, Recommending Up to 5 Years in Prison

South Korea's Supreme Court Sentencing Commission has established new sentencing guidelines for crimes that obstruct emergency medical and rescue services, recommending penalties of up to five years in prison. This marks the first time specific sentencing standards have been set for such offenses, which have previously lacked clear guidelines.

The commission, during its 147th plenary session, deliberated on and approved sentencing guidelines for crimes involving the obstruction of emergency medical care, rescue, and ambulance services. These include assaults on emergency medical personnel that result in injury or death, violations of the Emergency Medical Service Act by obstructing medical or rescue activities, assaults on firefighters that impede firefighting or rescue operations under the Fire Service Act, and obstruction of rescue activities by ambulance crews under the 119 Rescue and Ambulance Service Act.

For assaults on emergency medical personnel, the basic sentencing range is set at four months to one year and six months imprisonment. This can be reduced to under 10 months with mitigating factors or increased to one to two years and six months with aggravating factors.

Obstruction of rescue efforts by medical personnel and ambulance crews, or the destruction of medical facilities like ambulances, will have a basic sentencing range of six months to one year and six months imprisonment. Mitigating factors could lead to sentences under eight months, while aggravating factors could increase the term to one to four years. With multiple aggravating factors and special adjustments, sentences could reach the legal maximum of five years.

In addition to these measures, the commission also decided to establish new sentencing guidelines for crimes related to child sexual exploitation, including threats and coercion using child sexual exploitation material, communication for the purpose of child sexual exploitation, possession or viewing of deepfakes, and threats or coercion using deepfakes. Specific sentencing ranges for these offenses will be determined later. The commission is also scheduled to discuss sentencing guidelines for violations of the Serious Accidents Punishment Act in its next meeting.