A customer slapped me out of the blue, and when I fought back, the police said it was ‘mutual’… A restaurant part-timer’s lament and a lawyer’s judgment (video)

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Sudden Assault Leads to Self-Defense Claim… "Mutual Assault"

A part-time worker, while eating, was slapped by a customer without any reason and retaliated, only to find himself charged with 'mutual assault,' claiming his innocence.

In the episode of JTBC's 'Incident Panel' that aired on the 30th of last month, CCTV footage provided by informant A was revealed, provoking outrage among viewers.

The released video shows an unexpected assault that took place on the 20th of last month at a chicken restaurant in Gwangju Metropolitan City.

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The CCTV footage captures a male customer swinging his hand and slapping the cheek of part-time worker A, who was sitting at a nearby table, after completing his payment at the counter, without any apparent reason.

At that time, the man was drinking draft beer at the restaurant and had finished paying, while A was about to finish work and was having a meal.

Caught off guard by the sudden assault, A stood up, grabbed the assailant's arm, and swung a fist.

The man, hit in the face by A's counterattack, took a step back while other staff and the owner quickly intervened to calm the situation.

As a result of the incident, A reportedly sustained minor injuries, including a bump on his forehead and a split lip.

Even more shocking is the fact that despite reaching an agreement with the assailant, A was also charged with 'mutual assault' by the police.

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Legal Perspective on 'Mutual Assault'

Regarding this incident, lawyer Yang Ji-yeol stated, "Looking at the CCTV footage, honestly, it does seem like mutual assault," adding, "The informant, who was assaulted out of nowhere, must feel very wronged, but it doesn't seem like the police's judgment is incorrect."

Legally, for self-defense to be established, "substantial reason" and "appropriateness of defensive action" are crucial. Under current law, merely retaliating by striking back after being hit is often not recognized as self-defense.

This incident has sparked discussions on the boundaries between self-defense against sudden assaults and legal justifications for defensive actions.

Most netizens questioned, "If someone hits you without reason, can't you retaliate?"

YouTube 'JTBC News'

Image Source: jtbc 'Incident Panel', illustrative material for understanding the article / gettyimagesbank

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