Minor Offense Fine 100,000 Won?... COVID-19 Impersonation Crime Applied as 'Obstruction of Business'
False COVID-19 Case Claims by YouTubers
'National Emergency' Aggravating Factor for Sentencing
Up to 5 Years Imprisonment or 15 Million Won Fine
On the 11th, as confirmed COVID-19 cases increased due to a cluster infection at a call center on the 11th floor of the Korea Building in Sindorim-dong, citizens wearing masks are using the subway at Sindorim Station in Guro-gu, Seoul. Photo by Jinhyung Kang aymsdream@
View original image[Asia Economy Reporter Lee Gwan-joo] "I heard that fines for minor offenses are usually only around 20,000 to 30,000 won."
This was said by Kang Mo (22), a YouTuber who pretended to be a COVID-19 infected person on the Busan subway and was booked by the police. He caused a disturbance while filming a video by shouting, "I came from Wuhan. It's pneumonia. Everyone stay away from me." He was recently sent to the prosecution with a recommendation for indictment. Was the Minor Offenses Act, which carries fines of less than 100,000 won as Kang claimed, actually applied? In reality, he was charged with 'obstruction of business.' The police judged that Kang obstructed subway safety management operations. Busan Transportation Corporation also filed a complaint against Kang for obstruction of business.
Since the early days of the COVID-19 crisis, as acts of exploiting infectious diseases for attention or impersonating confirmed patients continued, investigative agencies have been applying obstruction of business charges, which carry much heavier penalties than minor offenses. On the 10th, a man in his 50s in Daegu who lied to a taxi driver by saying he was a "COVID-19 confirmed patient" was also booked by the police on charges of obstruction of business.
Last month, four YouTubers who filmed a "COVID chase" video at Dongdaegu Station were also brought to trial on obstruction of business charges. The police initially applied the Minor Offenses Act, but the prosecution, which took over the case, viewed that the station's operation was disrupted and indicted them for obstruction of business. In Seoul, two people who pretended to be COVID-19 confirmed patients after causing a disturbance in a restaurant and when the police arrived were also detained.
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Obstruction of business can be punished by imprisonment for up to five years or a fine of up to 15 million won. According to the sentencing guidelines of the Supreme Court’s Sentencing Commission, which serve as the basis for actual court sentencing, the basic sentence ranges from six months to one year and six months in prison. However, in a national emergency situation, impersonating a COVID-19 confirmed patient is highly criticized by the public, so the sentence is likely to be increased. A police official emphasized, "Impersonating a confirmed patient not only increases public anxiety but also obstructs the work of quarantine authorities, public institutions, and related individuals," adding, "We will continue to respond strictly."
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