Eulji OB Bear Obstructs Forced Eviction... Judge Says "Repeated Despite Leniency, Not Family or Merchants"

"The defendant has repeatedly received leniency for protest-related crimes over the past 20 years but has not shown remorse. In this case as well, he suddenly appeared at the scene and actively and proactively obstructed official duties as an outsider," said the judge.

On March 10, 2021, near Eulji OB Bear, a '40-year-old establishment' in the Nogari Alley of Euljiro, Seoul, chaos erupted as personnel enforcing a real estate eviction clashed with opposition groups. Two vehicles chained together were parked in front of the store, blocking the entry of the enforcement personnel. Eulji OB Bear, a mainstay of Nogari Alley designated as a Seoul Future Heritage site by the Seoul Metropolitan Government, was selected as a 'Baeknyeon Gage' (Century Store) by the Ministry of SMEs and Startups. However, the landlord, who had conflicts over the lease renewal, filed an 'eviction lawsuit,' and in October 2020, the Supreme Court finalized a ruling that Eulji OB Bear must vacate the building. Eulji OB Bear and civic groups resisted the court's forced eviction, calling for coexistence. The court was able to carry out the eviction on April 21, 2022, after the sixth attempt.

The prosecution indicted two individuals on charges of special obstruction of official duties: Choi Mo (68), the husband of the Eulji OB Bear owners, and Kim Mo (65), the representative of the Eulji OB Bear Joint Countermeasure Committee. Kim was also active in protest sites such as Gangjeong Village in Jeju, where a naval base was built, and the tenant merchants' struggle in Bukchon Village, Seoul. He had a history of multiple punishments, including one suspended sentence, five fines, and three probation sentences for other protest-related crimes. During the trial, the defense attorneys for Kim and Choi argued that "the security personnel mobilized by the landlord were not public officials, and the court officers' attempt to enforce eviction through these personnel was illegal."

The first trial concluded with a 'guilty' verdict. According to legal circles on the 9th, Judge Kim Chang-mo of the Seoul Central District Court Criminal Division 14 recently sentenced Kim to 10 months in prison. Choi received a 6-month prison sentence with a 2-year probation. The judge stated, "Obstruction of official duties is a crime that interferes with the legitimate work of public officials and disrespects state authority, thus requiring severe punishment. Despite the Supreme Court's final ruling after a long legal battle, the defendants did not accept it and obstructed the enforcement, causing significant losses to the landlord."

Furthermore, the judge said, "The defendants blocked the court officers' access itself without any legitimate legal reason. The defendants' claim that 'the forced eviction using security personnel was illegal' cannot be accepted. It was rather the Eulji OB Bear side that refused official enforcement, and the security personnel engaged in physical confrontations to allow the court officers to approach Eulji OB Bear." The court added, "Kim has repeatedly received leniency without remorse and committed this crime. Unlike Choi, there is little to consider in mitigation regarding the circumstances of the crime. In other words, Kim was neither a family member of the Eulji OB Bear side nor, like most participants in the protest, a nearby merchant or a customer of Eulji OB Bear. Even considering his poor health, further leniency such as probation is not possible." However, Kim was not detained in court.

Choi, Kim, and the prosecutor all appealed the first trial verdict.

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