NSDPD 'Subway Station Sticker Protest' Deemed Property Damage... Fines Finalized

First Trial: Not Guilty, Second Trial: Guilty
Supreme Court Upholds Lower Court’s Ruling

On the 24th, the National Solidarity for the Elimination of Discrimination Against Persons with Disabilities (NSDPD) held a press conference and staged a subway boarding protest at Hyehwa Station on Seoul Subway Line 4, demanding guaranteed budgets for disabled people’s rights. Photo by Jo Yongjun jun21@

Members of the National Solidarity for the Elimination of Discrimination Against Persons with Disabilities (NSDPD), who were put on trial for attaching hundreds of stickers demanding the guarantee of mobility rights for people with disabilities at Seoul subway stations, have received final sentences of fines.

On May 20, the Supreme Court's Third Division (Presiding Justice Lee Heungku) dismissed the defendants' appeal in the case of Park Kyungseok, former head of NSDPD, Kwon Dalju, former standing co-head of NSDPD, and Moon Aerin, co-head of the Seoul Solidarity for the Elimination of Discrimination Against Persons with Disabilities, who were charged with violating the Act on the Aggravated Punishment of Specific Crimes (joint property damage, etc.). As a result, Park was sentenced to a fine of 3 million won, and Kwon and Moon were each sentenced to a fine of 1 million won.

On February 13, 2023, Park and the others attached hundreds of stickers advocating for disability budgets and mobility rights to the walls, pillars, and floors of Samgakji and Namyeong stations on the Seoul subway. They also sprayed lacquer, which led to their prosecution. The first trial found them not guilty, reasoning that although the stickers were highly adhesive, they were not so difficult to remove as to constitute a serious problem.

However, the appellate court found their actions impaired the utility of the platform and issued guilty verdicts with fines. The court stated, "The defendants attached hundreds of stickers to the walls and pillars as if wallpapering, which likely caused significant inconvenience to subway users in finding and obtaining information from guide signs and boards," and added, "The extent to which the appearance of the platforms was damaged was also considerable."

The argument that their actions constituted legitimate conduct was also rejected. The appellate court stated, "Even considering the intent to inform and protest against the lack of guaranteed mobility rights for people with disabilities, and the aspect of freedom of expression, it is difficult to recognize the urgency or inevitability of densely attaching stickers to the walls and floors without seeking other legal means or methods."

The Supreme Court also ruled, "There was no error in the lower court's guilty judgment that exceeded the bounds of free evaluation of evidence, nor any misunderstanding of the legal principles regarding the establishment of the offense or legitimate conduct under the Act on the Aggravated Punishment of Specific Crimes," thus upholding the lower court's decision.

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