Supreme Court: "10-Minute Protest at Naval Base Construction Site by Clergy and Activists... Obstruction of Business Crime"

Supreme Court, Seocho-gu, Seoul. Photo by Honam Moon munonam@

[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that Catholic clergy and activists who obstructed vehicle access for about 10 minutes in front of the Jeju naval base construction site in 2013-2014 should be punished for obstruction of business.

On the 17th, the Supreme Court's 3rd Division (Presiding Justice Lee Heung-gu) overturned the lower court's ruling that acquitted Catholic investigator A, who was indicted on charges including obstruction of special official duties and obstruction of business, on the obstruction of business charge, and remanded the case to the Jeju District Court.

Earlier, in February 2014, A was prosecuted for obstructing construction work by blocking the passage of construction vehicles several times for about 10 minutes each by placing chairs in a single line and sitting in the middle of the entrance to the construction site in Gangjeong-dong, Seogwipo City, along with people opposing the construction of the Jeju civil-military complex port.

The first and second trials sentenced A to one year in prison with a two-year probation but acquitted him on the obstruction of business charge. The first trial court stated, "The defendant only sat on chairs in front of the construction site entrance and did not directly enter the construction site or physically exert force on construction vehicles," adding, "Many police officers monitored the situation to ensure the construction was not obstructed, and when vehicles entered or exited the construction site, police officers moved the defendant and other participants sitting on chairs to the side." It also added, "The time the defendant sat on the chair was about 10 minutes each time, which was not long, so it is unclear whether there was actual obstruction of construction work."

However, the Supreme Court ordered a retrial and reconsideration of the case. The court stated, "The situation created a high risk of human casualties if the vehicles proceeded as they were, which constitutes sufficient force to suppress the free will of the drivers and the victims actually performing the construction," adding, "This corresponds to the exercise of force referred to in the crime of obstruction of business. The lower court erred in its legal interpretation of obstruction of business, which affected the judgment."

Meanwhile, in a similar ruling on the same day, the Supreme Court's 1st Division (Presiding Justice No Tae-ak) also overturned and remanded the lower court's ruling that acquitted B, who was indicted for blocking construction vehicle access while opposing the Jeju naval base construction like A, on the obstruction of business charge in the appeal trial.

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