Supreme Court: "Civil Group's Infiltration of THAAD Base Constitutes Trespassing... Case Remanded"

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has issued a ruling recognizing the crime of trespassing on a building against members of a civic group who were prosecuted for unauthorized intrusion into the Terminal High Altitude Area Defense (THAAD) base.

The Supreme Court's First Division (Presiding Justice Kwon Soon-il) overturned the lower court's acquittal in the appeal trial of three civic group members including Kim and internet media reporter Kwak (43), who were charged with violating the Act on the Aggravated Punishment, etc. of Specific Crimes (joint residential intrusion), and remanded the case to the Seoul Northern District Court on the 26th.

The court stated, "In the crime of trespassing on a building, a building does not simply refer to the structure itself but includes the premises," and judged that "the THAAD base is no longer used as a golf course but is garrisoned by troops, and the military authorities have installed barbed wire to control external access, so it can be regarded as the premises of a building."

Accordingly, it stated, "The lower court's ruling erred in its judgment by misunderstanding the legal principles regarding the premises in the crime of residential intrusion."

Kim and others were prosecuted for unauthorized intrusion into the THAAD base located in Seongju, Gyeongbuk, in September 2017.

At that time, they were investigated to have entered the base by passing through barbed wire with prepared blankets, gloves, and wooden blocks. Afterwards, they unfurled banners and shouted slogans such as "Oppose THAAD" and "Oppose the U.S." to protest the additional deployment of THAAD but were stopped.

The first trial recognized the charges against Kim and others as guilty and sentenced them to six months in prison with a two-year probation.

The court stated, "It is recognized that the place the defendants entered without permission is the THAAD base jointly managed by the Republic of Korea Army and the United States Forces Korea, where public access is strictly controlled."

However, the second trial overturned this ruling and acquitted them. It judged that the place Kim and others intruded was "not a building used for THAAD operations (military operations) by the Republic of Korea Army and the United States Forces Korea but merely an auxiliary facility for lodging."

Since the THAAD launchers and base are set up on golf course grounds rather than in building form, they cannot be regarded as buildings, and therefore, they cannot be punished under the crime of trespassing on a building.

The Supreme Court once again overturned this ruling and remanded the case with a guilty verdict.

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