Could I receive a fine for obstruction of official duties? I pushed an officer during an altercation with the police, and I am worried about the punishment....

An obstruction of official duties fine is one type of criminal punishment that may be imposed when a person obstructs the lawful performance of duties by a public official, such as a police officer, through violence or intimidation.

Under Article 136 of the Criminal Act, a person who obstructs the legitimate performance of duties by a public official may be subject to imprisonment for up to five years or a fine of up to 10 million won.

When the circumstances of the case or the degree of violence are relatively minor, there are cases in which the matter is concluded with a fine for obstruction of official duties instead of a custodial sentence.

In particular, as in your case, if physical contact occurred in the course of shaking off the police's restraint, obstruction of official duties may become an issue.

Obstruction of official duties does not necessarily require strong violence, and even physical force to the degree of pushing or shaking off an arm may be subject to punishment if it is found to have obstructed a public official's performance of duties.

However, the level of punishment for an obstruction of official duties fine is judged by comprehensively considering various factors.

- Whether the public official's performance of duties was lawful

- The degree and dangerousness of the physical force used

- Whether the act occurred in a spontaneous situation

- Whether it is a first offense and the prior record

- The attitude of remorse and cooperation with the investigation after the incident

For example, if the matter remained at the level of a simple altercation, no significant harm was caused to the public official, it is a first offense, and an attitude of remorse is confirmed, there is a possibility that the case will be concluded at the level of an obstruction of official duties fine.

Therefore, at the investigation stage, it is important to objectively organize and respond with points such as that the situation occurred spontaneously and that there was no active intent to commit violence.

At Daeryun Law Firm, an attorney with experience in criminal cases closely reviews the circumstances of the case and, together, examines a response direction suited to the case situation, including organizing the statements needed at the investigation stage, preparing a statement of opinion, and preparing sentencing materials.

In addition, we prepare a response strategy so that unfavorable statements are not made during the investigation, and where necessary, we also provide advice on procedures for recovery of harm and settlement.

If you are curious about whether an obstruction of official duties fine applies or about the direction of responding to the case, we recommend that you review a response direction suited to your current situation.

Daeryun, the 9th ranked law firm in Korea (based on 2025 National Tax Service value added tax filings), provides tailored legal services.