Unauthorized Entry into Illegally Occupied Building... Supreme Court Rules as Trespassing Crime

The Supreme Court has ruled that unauthorized entry into a building, even if it is illegally occupied, constitutes the crime of trespassing on a building.

The Supreme Court's First Division (Presiding Justice Kim Seon-su) announced on the 28th that it upheld the lower court's ruling, which sentenced five individuals including Mr. A to suspended prison terms for charges of trespassing on a special building and obstruction of business.

Mr. A and others were prosecuted for driving out the opposing party in a management rights dispute who had illegally occupied a department store construction site in Seoul on January 8, 2018, using security personnel and excavators, and for obstructing the building management operations.

To regain possession of the construction site, Mr. A and others mobilized 80 to 100 security staff, entered the site carrying dangerous items such as iron pipes, pulled out employees of Company B who were performing security duties, and retook and occupied the construction site.

The first and second trials found Mr. A and others guilty and sentenced them to suspended prison terms.

The Supreme Court also held that "even if the occupancy is illegal, if one enters a building without following proper procedures, the crime of trespassing on a building is established," agreeing with the lower courts' judgment.

Regarding the charge of obstruction of business, the court ruled that "even if there are substantive or procedural defects in the commencement or performance of business, unless the situation reaches a level of antisociality that is utterly intolerable in social life, it falls within the scope of protection under the crime of obstruction of business."

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