Supreme Court: Workers of Yuseong Corporation Not Guilty of Property Damage for Graffiti on Company-Owned Road
[Asia Economy Reporter Kim Hyung-min] The Supreme Court has ruled that workers who protested against their company's unfair labor practices by writing defamatory phrases about executives and employees with paint on the company-owned road surface cannot be punished for property damage.
The Supreme Court's First Division (Presiding Justice Kim Seon-su) overturned the lower court's ruling, which had partially recognized guilt, in the appeal trial of 15 employees including Mr. A from Yuseong Corporation, who were charged with special damage and other offenses, and sent the case back to the Daejeon District Court on the 13th.
The court stated, "The road in question is used by Yuseong Corporation executives, workers, and business partners, and its primary function is for the passage of people and vehicles. Its aesthetic value does not appear to play a significant role," adding, "Since Mr. A and others wrote phrases on the road surface, it did not physically prevent passage itself, so it is difficult to consider that the utility of the road was impaired."
Meanwhile, regarding the insult charges against Mr. A and others, the court upheld the lower court's acquittal, stating, "While the statements may be subject to moral criticism, they do not constitute insulting language that would degrade the victim's social evaluation."
Mr. A and others, employees of Yuseong Corporation in Asan, Chungnam, were indicted in October 2014 for damaging the road near the company's main gate by writing abusive and defamatory phrases about executives and employees using paint and spray, claiming that the company was engaging in unfair labor practices.
The first trial recognized their guilt and sentenced them to fines ranging from 2 million to 3 million won.
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The second trial also upheld the first trial's ruling, stating, "The company road is important not only for providing physical convenience for passage but also for maintaining a pleasant working environment and having aesthetic value to create a good impression of the company."
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