CONTENTS
- 1. Client Who Requested a Response to the Obstruction of Business Complaint
- - What Is Obstruction of Business?
- 2. Strategy for Responding to the Obstruction of Business Complaint
- - Responding to the Complaint: Emphasizing That the Test Did Not Affect Grades
- - Responding to the Complaint: Emphasizing That No Obstruction Occurred
- 3. Result of Responding to the Obstruction of Business Complaint: Case Concluded with Suspension of Indictment
- - Obstruction of Business: Why an Attorney May Be Needed
1. Client Who Requested a Response to the Obstruction of Business Complaint
This is the story of a client who requested a response to a criminal complaint for obstruction of business.
The client was a fourth-year student enrolled at a university in Seoul who took a major exam ahead of graduation.
Because the exam was not reflected in the grade, the client thought it was an exam that could be taken in a somewhat relaxed atmosphere.
Other fellow students thought the same way, and the client came to believe that it would be acceptable to take the exam while referring to materials from previous classes.
During the exam, the client solved problems he did not know by referring to materials he had prepared, but he was caught by the teaching assistant who was proctoring the exam.
The teaching assistant judged this to be an act undermining fair evaluation and not only requested disciplinary action from the school but also proceeded with a criminal accusation for obstruction of business.
What Is Obstruction of Business?
Obstruction of business refers to spreading false facts or otherwise damaging a person's credit by deception, or interfering with a person's business by force.
Where 🔗obstruction of business is recognized, a person may be subject to imprisonment for up to 5 years or a fine of up to 15 million won.
Here, ‘business' refers to work or an undertaking in which a person continuously engages based on his or her position in social life, and ‘deception' refers to a method or means capable of leading a person into error.
For the offense of obstruction of business to be established, it is not necessary that actual harm to the business has occurred.
The offense of obstruction of business may be established even if only a dangerous situation capable of disrupting the business arises.
What is meant here by ‘obstructing business' includes not only cases of simply blocking the progress of the business, but also cases of causing disruption to the operation of the business or throwing its management into confusion.
1. Labor union members who held a rally near the entrance of a construction site were found guilty of obstruction of business
2. A public official who won the bid for the operating rights of a school store under a borrowed name was found guilty of obstruction of business
3. A protest that blocked bus operation while demanding guaranteed mobility rights for persons with disabilities was found to constitute obstruction of business
2. Strategy for Responding to the Obstruction of Business Complaint
The firm set out to formulate a strategy in response to the obstruction of business complaint.
The attorney in charge formulated a defense strategy focusing on the point that the test in question was not reflected in any evaluation or grade and was conducted at the professor's discretion.
Responding to the Complaint: Emphasizing That the Test Did Not Affect Grades
The attorney in charge pointed out the fact that the grades on the exam in question were not reflected in the students' evaluations.
This was because the exam in this case was one that the professor in charge of the course administered at their discretion, in order to encourage the students in their studies.
The attorney in charge argued that, because it was not an exam reflected in the grades, it was not appropriate to construe cheating on that exam as interfering with the "business" of the relevant department.
-In the crime of obstruction of business, "business" means an affair or undertaking in which a person continuously engages on the basis of an occupation or other position in social life. (Supreme Court Decision 2014Do3270, November 9, 2017)
-The "business" that is the object of protection under the crime of obstruction of business under the Criminal Act means an occupation or an affair or undertaking in which a person continuously engages, which is carried out in actual peace for a certain period and serves as the basis of social activity. (Supreme Court Decision 2006Do3687, August 23, 2007)
Responding to the Complaint: Emphasizing That No Obstruction Occurred
The attorney in charge argued that, whether the client failed the test or passed it by looking at materials prepared in advance, it caused no direct effect or harm to anyone else.
This is because the test result merely affects the degree of the client's learning, and the client's act does not have any particular effect on any other student.
The attorney in charge argued that it was not appropriate to regard the cheating in this case as an act of ‘interference’ with business, and emphasized that there had also been no intent whatsoever to obstruct the business.
3. Result of Responding to the Obstruction of Business Complaint: Case Concluded with Suspension of Indictment
As a result of the response to the complaint for obstruction of business, the client obtained a disposition of suspension of indictment and successfully concluded the case.
The prosecution determined that, because the exam was not directly reflected in academic grades, the degree of infringement on the fairness of academic evaluation was relatively minor, and the concern over distrust of other students' academic evaluation or harm to their grades was also relatively minor, and so decided on suspension of indictment.
The client said, “I did not know that the conduct would be related to obstruction of business. Thanks to the attorney, I was able to resolve the case quickly.”
Obstruction of Business: Why an Attorney May Be Needed
The crime of obstruction of business is a serious crime that can lead to criminal punishment even in situations that appear to be a simple conflict or mistake.
In particular, even an act arising from a minor misunderstanding, such as cheating on an examination, submitting a false document, leaking internal information, or business operations, can result in severe punishment if it is recognized as obstruction of business, so a firm response is needed from the early stage.
Moreover, whether the crime is established varies greatly depending on the specific facts, and depending on the nature of the matter, complex legal interpretation is required, such as the definition of business and the determination of intent.
Therefore, where one has been unjustly subjected to a complaint or has come to be investigated by an investigative agency, it is advisable to receive the assistance of an attorney with relevant expertise who can accurately design the entire criminal procedure, beginning with the early response.
At Daeryun LLC, attorneys with relevant expertise who have handled numerous criminal cases closely review the facts and then actively explain favorable circumstances, such as the absence of deceit or intent and the absence of a risk of obstruction of business, in order to protect the client's interests.
Daeryun LLC operates branch offices nationwide and maintains a 24-hour, 365-day emergency consultation system to respond promptly.
If you need help, please visit the nearest Daeryun branch office.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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