Subduing an Intruder Leads to Countersuit... "Nana Act" Proposed to Expand Scope of Self-Defense
The "Nana Mother-Daughter Robbery and Injury" Case Sparked the Proposal
Assemblyman Jeon Yonggi Introduces Amendment to Clarify the Law
Actress and singer Nana (Im Jinah) has become the center of controversy after subduing an armed robber and subsequently being countersued. In response, the National Assembly has introduced the so-called "Nana Act," which seeks to expand the recognized scope of self-defense.
On June 12, Assemblyman Jeon Yonggi from the Democratic Party of Korea announced that he had sponsored a partial amendment to the Criminal Act, which specifically clarifies the criteria for the "reasonable grounds" requirement necessary to establish self-defense.
Currently, Article 21 of the Criminal Act defines self-defense as an act committed to protect oneself from "an ongoing unjust infringement," and stipulates that punishment is not imposed only if there are "reasonable grounds" for the means used.
The amendment calls for self-defense to be recognized in principle in situations where there is a significant threat to life or physical safety—such as "preventing someone who has broken into a residence from harming family members," or "responding to attacks involving weapons or the threat of multiple assailants."
The "Nana mother-daughter robbery and injury" case, which sparked the proposal, occurred in the early hours of November 15 last year. At that time, a man in his 30s surnamed Kim broke into Nana's home in Guri, Gyeonggi Province, brandished a weapon, and demanded money before being subdued and subsequently brought to trial. It was reported that Nana and her mother suffered injuries requiring 33 and 31 days of medical treatment, respectively, as a result of Kim's actions.
Kim, who was detained, filed a complaint against Nana, accusing her of attempted murder and aggravated assault, claiming he was also injured. The police concluded that Nana's actions constituted self-defense and decided not to refer the case for prosecution. However, Kim continued to assert that he never possessed a weapon and instead claimed that Nana's side had brandished a weapon and threatened him first, repeating the same allegations.
As a result of Kim's countersuit, Nana was not only investigated by the police but also had to appear in court as a witness. On the stand, Nana explained, "I struggled with the defendant in order to take away the weapon he was holding," adding, "I persuaded and pleaded with the defendant to make him put down the weapon."
She stated, "I don't understand why my mother and I have to endure such humiliation," and expressed her hope that "it would end here and that the defendant would show some remorse."
As in this case, where a victim is countersued after defending themselves against an assailant, some have criticized the narrow scope of self-defense recognized in Korea. Assemblyman Jeon explained the purpose of the bill by stating that mechanically judging the fear experienced at the scene with hindsight forces innocent citizens to make one-sided sacrifices.
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Meanwhile, on June 9, Criminal Division 1 of the Namyangju Branch Court sentenced Kim to seven years in prison on charges of robbery and injury. Throughout the trial, Kim consistently denied breaking in with a weapon, and it has been reported that he has filed an appeal, citing factual errors and unfair sentencing.
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