I'm curious about the punishment level and elements of theft.

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Hello, I have a question about day laborer industrial accidents... Recently, someone who was working as a day laborer at our site claimed an industrial accident and filed an industrial accident lawsuit. They were injured at the site, and they're claiming I didn't take proper measures because they're a day laborer. They're also threatening to file a damages lawsuit... Should I just say let's settle it according to law and hire an attorney to respond?

theft

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作者: 박동일

For theft to be established, three requirements must be met: (1) stealing another person's property, (2) intent, and (3) intent to unlawfully obtain.

According to Supreme Court precedent, intent to unlawfully obtain means the intent to exclude another's rights and use or dispose of the item as one's own property; it does not necessarily require an intent to permanently obtain economic benefit.

Even when possession is taken with the intent of temporary use, if the economic value of the item is significantly consumed, possession is held for a long time, or the item is abandoned in a place different from the original location, intent to unlawfully obtain is recognized.

The punishment level for theft is imprisonment for up to 6 years or a fine of up to 10 million won under Article 329 of the Criminal Act.

If, like the inquirer, you were involved in a theft case without intent or by mistake, it is important to accurately review the case-related materials and explain the facts truthfully during police or prosecutor investigations.

For detailed information, please consult with a criminal defense attorney.