Mom's Touch Jinsangnyeo store is in trouble... The level of punishment for the ‘emotional worker assault’ perpetrator is

Recently, a video of a so-called 'Mom's Touch customer' causing a disturbance after being refused a soda refill at a fast food restaurant, assaulting an employee's face, has spread, causing public outrage.

As the controversy grew, Mom's Touch headquarters issued a statement on the 20th, saying, "The incident occurred in October of last year and is currently under police investigation," and announced a strong response, saying, "To protect the rights and interests of franchise owners and employees, we will provide all legal support, including civil and criminal complaints and compensation for damages, at the headquarters level."

As excessive abuse of power and acts of violence against workers in the service industry continue, there are loud voices calling for this incident to be treated as a serious criminal act beyond a simple incident.

In relation to this, attorney Jeongjun Jeong of Daeryun Law Firm emphasized, "The perpetrator's actions go beyond simple assault and are a serious matter that can involve multiple criminal crimes. Both the victim and the business owner must quickly secure evidence and take decisive legal action to prevent secondary damage." The following is a Q&A with Attorney Jeong regarding the legal issues in this case.

-According to the video, the customer punched the employee in the face, chased him to an employee-only space, and committed violence. In this case, what charges will be applied to the perpetrator, and is there a possibility of imprisonment?
▲As direct physical force is used on the body of another person, the crime of assault is basically established under criminal law. If the victim submits a medical certificate stating that he or she needs physical or mental treatment, such as bruises or post-traumatic stress disorder, as a result of this incident, he or she may be subject to a much more severe crime of bodily harm and may be imprisoned for up to 7 years, suspended for up to 10 years, or fined up to 10 million won. In the case of 'substantive concurrent crimes' where multiple crimes occur simultaneously, aggravated punishment is imposed, so the possibility of a prison sentence cannot be ruled out.

-Even if there is no physical violence like in this incident, there are customers who hurl harsh profanity or insulting language at part-time workers at restaurants or cafes. Is verbal violence without physical contact punishable by law?
▲Even if there was no physical contact, you are fully subject to criminal punishment. If you hurled severe profanity or ridicule at a specific employee in a public place with other customers, the performance and specificity are recognized and you can be sued for insult. In addition, if a person shouts and makes the store atmosphere unpleasant, making normal order reception or store operation impossible, this can also be punished as obstruction of business.

-When assaulted while defenseless, part-time workers may instinctively swing their arms or push the assailant away. In this case, to what extent is the victim's self-defense legally recognized?
▲In practice, there are quite a few cases where both parties are unfairly booked together for assault. Because simple assault is a 'crime of impunity without punishment' that cannot be punished if the victim does not want to be punished, perpetrators often take advantage of this and file countersuits to force them to reach a settlement. The court tends to apply the requirements for recognition of self-defense relatively strictly. Defensive actions, such as passively pushing away to escape the other person's violence, are recognized as resistance, but there is a risk that an active counterattack due to intensified emotions or a counterattack that crosses the line may be treated as a two-sided assault. Therefore, it is important to legally explain from the initial investigation stage through objective evidence such as CCTV that it was an inevitable 'passive resistance' that occurred during the defense process.

-Under the Occupational Safety and Health Act, employers' obligations to protect workers from verbal abuse or assault by customers have been strengthened. The headquarters also announced legal support. What measures should the headquarters take for the affected employees?
▲According to Article 41 of the Occupational Safety and Health Act, the so-called Emotional Worker Protection Act, when a customer's verbal abuse or assault occurs, the employer must immediately temporarily suspend the worker's work and provide sufficient rest. In addition, there is a legal obligation to provide psychological counseling when necessary and to actively assist injured workers when they take legal action, such as filing a complaint or filing a complaint against the perpetrator. If the business owner forces an apology from the affected employee to alleviate the situation or neglects to implement these protective measures, the business owner may also be subject to a fine of up to 10 million won.

Reporter Kwon Byeong-seok (bsk730@fnnews.com)

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Mom's Touch Jinsangnyeo store in chaos... The level of punishment for the perpetrator of ‘emotional worker assault’ (link)