(C) Channel A

SEOUL — Public indignation is mounting in South Korea after two Chinese tourists, accused of assaulting a security guard at Gyeongbokgung Palace, were allowed to leave the country before facing legal consequences. The incident has ignited a fierce debate over the perceived "punishment vacuum" regarding crimes committed by foreign visitors.

The Incident at Hyangwonjeong Pavilion
According to the Seoul Jongno Police Station, the incident occurred on the afternoon of February 2 at the Hyangwonjeong Pavilion, a scenic area within the historic palace grounds. Two Chinese nationals, identified as Mr. A (in his 50s) and Mr. B (in his 60s), allegedly attacked a security guard who was performing his duties.

The altercation reportedly began when the guard instructed the tourists to step behind a protective rope barrier they had crossed to take photographs. According to footage obtained by Channel A, the tourists responded with aggression, shouting at the guard and physically intimidating him even after police arrived at the scene. The victim testified that one of the men shoved him and struck him in the chest with a fist.

Legal Limitations and Departure
Despite the physical nature of the confrontation, the suspects were released following a voluntary police interview on the day of the incident. They departed South Korea the following day.

The primary point of contention lies in the specific charges filed. Police handled the case as simple assault rather than obstruction of official duties. Although the guard works for the Korea Heritage Service, he is classified as a "public service worker" (contracted staff) rather than a formal civil servant, making the stricter charge inapplicable under current South Korean law.

"Under the Immigration Control Act, an exit ban can only be issued for crimes punishable by death, life imprisonment, or a prison term of three years or more," a police official explained. "Simple assault does not meet these criteria, making it legally impossible to restrict their departure."

A "Paper Tiger" Punishment?
The victim expressed profound frustration over the decision. "I repeatedly requested an exit ban during the investigation," the guard told Channel A. "I cannot accept the fact that they can just leave without facing any actual punishment."

While the Jongno Police Station plans to forward the case to the prosecution for a summary indictment (typically resulting in a fine), legal experts argue that enforcing such fines is practically impossible once a suspect has left the jurisdiction. If the fine remains unpaid, the individuals may be placed on a "wanted list" upon re-entry, but they face no immediate repercussions in their home country.

Growing Calls for Reform
The case has drawn sharp comparisons to legal standards in other countries. Critics point out that:

In China: Foreigners involved in similar incidents often face administrative detention (5–15 days) and are strictly barred from leaving the country until the case is resolved.
In the U.S.: Assaulting personnel at a national landmark would likely lead to immediate arrest, bail conditions preventing departure, and potential visa revocation.
As the story trends on social media, many South Koreans are calling for legislative changes to protect cultural heritage staff and to ensure that foreign tourists are held accountable for criminal behavior before they can flee the country.

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