Supreme Court Confirms Guilt of Minnochoong Officials Who Posted 450 'Resign Now' Stickers Targeting Regional Labor Office Chiefs on Government Building

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The Supreme Court has upheld the guilty verdict against executives of the Daegu Regional Headquarters of the Korean Confederation of Trade Unions (KCTU) who demanded the resignation of the local Employment and Labor Office chief by affixing hundreds of placards and stickers containing calls for resignation using spray adhesive on the government office building, on charges including damage to public property.

The defendants argued during the trial that their act of attaching placards and stickers did not reach a level that would impair the utility of the government office building. However, the court rejected this claim, stating that the defendants directly damaged the building’s aesthetics, obstructed the visibility of the glass windows, and covered the office bulletin boards, thereby directly impairing the building’s utility.

The Supreme Court’s First Division (Presiding Justice No Tae-ak) announced on the 11th that it dismissed all appeals from five defendants, including A, the head of the KCTU Daegu Regional Headquarters, who were indicted on charges of damaging public property, trespassing under the Act on Punishment of Violent Acts, and violating the Assembly and Demonstration Act. The court confirmed the lower court’s rulings, which sentenced them to suspended prison terms and fines.

The court stated, "There is no error in the lower court’s judgment, which did not violate the principles of logic and experience as argued in the grounds for appeal, nor did it misinterpret the legal principles concerning 'damage' under the crime of damaging public property."

A, the head of the KCTU Daegu Regional Headquarters, along with B, the senior deputy head, and C, the secretary-general, held continuous rallies at the Daegu Employment and Labor Office after Kwon Hyuk-tae, the former Seoul Regional Employment and Labor Office chief suspected of improperly intervening in the Ministry of Employment and Labor’s supervision of illegal dispatch at Samsung Electronics Service Center, was appointed as the Daegu Employment and Labor Office chief in July 2018. Kwon was acquitted in 2020 of charges of abuse of authority related to concealing illegal dispatch of Samsung Electronics Service employees.

On September 19, 2018, A and others held a rally in front of the Daegu Employment and Labor Office and affixed approximately 300 stickers bearing the phrase "Kwon Hyuk-tae OUT" on the glass entrance and walls of the office building, leading to charges of damaging the building.

Furthermore, when Kwon did not respond to requests for a meeting, on the morning of October 11, 2018, union executives gathered and forcibly occupied the chief’s office, staging a protest demanding his resignation (trespassing under the Act on Punishment of Violent Acts). They also affixed dozens of stickers demanding Kwon’s resignation on the office walls and fixtures.

That afternoon, they held a supportive rally related to the protest meeting against Kwon and attached stickers demanding his resignation to the office windows and signboards. Additionally, they cut the chains on the main gate fence because the office manager refused to open it.

A was also charged with violating the Assembly and Demonstration Act for causing disorder during the rallies by inciting assault, threats, damage, and arson as the organizer who reported the rallies to the police in August and September 2018.

Moreover, A faced charges of violating the Infectious Disease Control and Prevention Act for holding rallies despite a prohibition order from the Daegu Metropolitan Police Agency chief in June and July 2020, citing the spread of COVID-19, thereby violating the Daegu mayor’s restrictions on assemblies to prevent infectious diseases.

The first trial court recognized the defendants’ guilt on charges including damage to public property and sentenced them to suspended prison terms and fines ranging from 5 to 7 million won.

The key issue in the trial was whether attaching placards and stickers to the government office building impaired the building’s utility.

Article 141 of the Criminal Act stipulates that "Anyone who damages or conceals documents, other items, or electronic records used in public offices, or otherwise impairs their utility, shall be punished by imprisonment for up to seven years or a fine of up to 10 million won."

The court reasoned that ▲ the aesthetics of the government office building play an independent role among various factors determining the office’s role and impression, and the defendants’ actions directly impaired the building’s aesthetics; ▲ the quantity of stickers and placards attached by the defendants was sufficient to obstruct the visibility of the glass facade, and some covered bulletin board contents and guide signs on exterior pillars, directly impairing their readability and utility; ▲ the form and quantity of the stickers and placards went beyond expressing the defendants’ opinions and caused direct discomfort and resistance among employees and visitors using the office; and ▲ the removal process damaged walls and fixtures managed by the office, all of which led to the conclusion that the building’s utility was impaired.

The appellate court upheld the first trial’s judgment, and the Supreme Court found no issues with the lower courts’ rulings.

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