Apartment Residents' Committee Chair Who Blocked Commercial Water Pipe... Supreme Court Rules It Constitutes "Water Supply Disruption Crime"

Court: "Use for supplying drinking water to unspecified many constitutes offense of water supply obstruction"

[Asia Economy Reporter Heo Kyung-jun] The Supreme Court has ruled that blocking a water pipe used for supplying drinking water constitutes the crime of "water supply obstruction" and is punishable.

The Supreme Court's 3rd Division (Presiding Justice Noh Jeong-hee) announced on the 26th that it upheld the lower court's ruling sentencing apartment residents' representative chairman A, who was indicted for water supply obstruction and obstruction of business, to 10 months in prison with a 2-year probation.

A was prosecuted for having the apartment manager disconnect the water pipe installed in the ceiling of the second-floor restroom of a commercial building after negotiations over maintenance fees with the commercial tenants, who connected to the apartment's water supply, failed smoothly around April 2020.

The apartment had water pipes installed for restroom water supply, but the commercial tenants had installed connecting pipes to the water pipes in the ceiling of the second-floor restroom of the commercial building and had been using it as drinking water for the commercial tenants.

The trial focused on whether disconnecting water pipes installed for restroom water supply but also used by unspecified or multiple people as drinking water constitutes the crime of water supply obstruction. Article 195 of the Criminal Act stipulates that anyone who blocks the connection by damaging water facilities supplying water for multiple people can be punished by imprisonment for 1 to 10 years.

The first trial court assumed that since the commercial tenants installed pipes on the commercial water pipes with the apartment's consent, it could not be concluded that the installation was illegal.

The first trial court judged, "The water pipes and pipes in this case supply drinking water to commercial tenants and customers, so they should be regarded as 'water or other facilities supplying public drinking water' punishable under the crime of water supply obstruction," sentencing A to 10 months in prison with a 2-year probation and 80 hours of community service.

The second trial court upheld the first trial court's judgment. The Supreme Court agreed with the lower courts' judgment. Even if the water pipe was installed for restroom water supply, if it was realistically used to supply drinking water to unspecified or multiple people, it falls under the crime of water supply obstruction.

The court stated, "The 'water or other facilities' subject to the crime of water supply obstruction are not limited to those installed primarily for supplying public drinking water. Even if installed for other purposes, it is sufficient if it realistically supplies drinking water to unspecified or multiple people, and ownership relations do not affect this judgment."

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