"Protests at Civil Service Office Also Considered Trespassing"… Labor Office Surprise Protest by Alba Union Members, Probation Confirmed

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has upheld a suspended sentence of a fine for members of the part-time workers' labor union, 'Albanoso,' who were prosecuted for staging a surprise protest at the Seoul Labor Office.

The Supreme Court's 3rd Division (Presiding Justice Min Yoo-sook) announced on the 5th that it confirmed the lower court's ruling to suspend the sentence of a 1 million won fine for 19 Albanoso members, including Hwang Mo (25), who were charged with trespassing in a shared residence under the Act on the Punishment of Violent Acts.

Hwang and others were brought to trial on charges of occupying the lobby of the Seoul Regional Employment and Labor Office building in Janggyo-dong, Seoul, on January 22, 2016, demanding correction of the labor office's favoritism toward part-time employment employers and the cessation of the government's 'labor reform rollback.' They argued in court that since they entered the civil petition office, which is accessible to anyone for filing complaints, it was not trespassing but an exercise of the right to organize and collective action, thus constituting a lawful act.

The first trial court rejected Hwang and others' claims, found them guilty, and suspended the sentence of a 1 million won fine. The court ruled, "Even though the civil petition office is an open space, the defendants' actions constitute trespassing against the explicit and presumed will of the manager." The appellate court also ruled similarly, stating, "Holding large and small placards, shouting slogans, or taking turns speaking using broadcasting equipment in the civil petition office cannot be regarded as a lawful petition application."

The Supreme Court dismissed all the defendants' appeals, stating, "The lower courts did not err in their legal interpretation regarding the establishment of the crime of trespassing in a building and lawful acts."

This content was produced with the assistance of AI translation services.