CONTENTS
- 1. How the Obstruction of Business Complaint Was Received
- - What Is Obstruction of Business?
- - What Is Defamation?
- 2. Assistance in Defending Against an Obstruction of Business Complaint
- - Responding to Obstruction of Business
- - Responding to Defamation
- 3. Result of Responding to the Obstruction of Business Complaint: Case Concluded with Non-Referral
- - Obstruction of Business: Why the Help of a Specialist Attorney May Be Needed
1. How the Obstruction of Business Complaint Was Received
The circumstances in which the client received a criminal complaint for obstruction of business are as follows.
The client was the organizer hosting a regional exhibition event.
The complainant violated the event rules during the event due to a conflict with a competitor, and was consequently subject to a removal measure.
In the course of this, however, the complainant filed a criminal complaint against the client for obstruction of business, claiming that the client had "unfairly expelled the complainant by abusing a superior position."
The complainant also pursued a criminal complaint for defamation together, on the ground that, after the event, the client had disparaged the complainant's business and disseminated false facts.
Having received the complaint, the client was very anxious and sought out an attorney experienced in numerous obstruction of business complaint cases, requesting the assistance of Daeryun Law Firm.
What Is Obstruction of Business?
The crime of obstruction of business is established when a person obstructs another's business by spreading false facts or by using deceit (fraudulent scheme) or force.
It is provided for in Article 314 of the Criminal Act and protects not only economic activity but all business that is carried on in society on a continuing basis.
▶Article 314 of the Criminal Act
-Where a person obstructs another's business by a method that harms credit or by force → imprisonment for up to 5 years or a fine of up to 15 million won
-The same punishment applies where a person damages a computer, electronic records, or the like, or inputs false information, thereby causing an obstruction to business
▶Deceit (fraudulent scheme)
This refers to an act of deceiving the other party or causing the other party to be mistaken and then exploiting this.
Spreading false facts is also a representative example.
▶Force
This refers to a power that suppresses or confuses a person's free decision-making.
It includes not only physical force such as assault and intimidation but also intangible influence such as social status and economic or political power.
-The use of spreading false facts, deceit, or force
-The existence of a person's business
-An intentional act of obstruction
What Is Defamation?
Defamation refers to a crime that is established by publicly alleging a fact or false fact that damages another person's reputation.
Article 307 of the Criminal Act (Defamation)
① A person who damages the reputation of another by publicly alleging a fact shall be punished by imprisonment with or without labor for not more than 2 years or a fine not exceeding 5 million won.
② A person who damages the reputation of another by publicly alleging a false fact shall be punished by imprisonment for not more than 5 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won.
The Supreme Court rendered a judgment to the effect of acquittal for residents who had put up a banner and posts criticizing the embezzlement of management fees by the chairperson of the apartment residents' representative meeting.
The Supreme Court reversed and remanded the judgment of the first and second instances, which had imposed a fine, stating that “the content alleged is true in its important parts, and a public-interest purpose is recognized.”
It also held that “even if there is some provocative or exaggerated expression, this can be regarded as an expression of opinion arising in the course of evaluating the integrity and qualifications of a person performing public duties,” and determined that, as a legitimate act, defamation is not established.
This precedent is a case that made clear that where a true fact is disclosed for a public-interest purpose, it cannot be punished as defamation.
2. Assistance in Defending Against an Obstruction of Business Complaint
The firm undertook to assist in defending against the complaint for obstruction of business.
This case was a matter in which obstruction of business and defamation were at issue at the same time.
The Daeryun attorney focused on explaining the following points to the investigative agency.
Responding to Obstruction of Business
The complainant claimed that the client had exerted improper pressure at the event venue, but the client was not even present at the scene at the time and merely took proper measures in accordance with the rules as the organizer.
In addition, according to the event's advance guidance rules, it is clearly stated that "if the above notice is not observed, an eviction measure may be taken."
The complainant's disparagement of other companies and forced sales at the event venue were a clear violation of the rules.
Moreover, the sales conduct carried out by the complainant at the event venue took the form of disparaging the representative of another company or attempting to force sales on consumers, which may amount to an unfair trade practice.
The Daeryun attorney emphasized that the complainant's conduct could not be regarded as normal business worthy of social protection, so even if it had been interfered with, the crime of obstruction of business could not be established.
Article 45 of the Monopoly Regulation and Fair Trade Act: A business operator shall not engage in, or cause another to engage in, any act likely to harm fair trade.
8. Acts that unfairly interfere with the business activities of another business operator
Responding to Defamation
The complainant claimed that the client had spread false facts, such as disparaging the complainant's company to other businesses, but there was no objective evidence whatsoever for this.
The Daeryun attorney emphasized that mere speculation or subjective assertions cannot constitute defamation.
Even if the client had made the statement that ‘the other party was evicted for violating the rules,’ this can be regarded as corresponding to an actual fact or, at the least, as an evaluation or expression of opinion for the public interest.
The Daeryun attorney argued that defamation is established only where there is an ‘allegation of a specific fact,’ so a statement amounting to no more than an opinion or evaluation cannot constitute an offense.
3. Result of Responding to the Obstruction of Business Complaint: Case Concluded with Non-Referral
As a result of the response to the complaint for obstruction of business, the investigative agency determined that neither the charge of obstruction of business nor the charge of defamation raised against the client was established.
As a result, the client received a decision of no suspicion of crime (non-referral) and was able to avoid being unjustly subjected to criminal punishment.
Obstruction of Business: Why the Help of a Specialist Attorney May Be Needed
As in this case, there are instances in which, despite a party having taken legitimate measures in accordance with the event rules, the other party files a criminal complaint for obstruction of business on the ground of obstruction of business or defamation.
In such cases, legal interpretation is required as to ▲the elements of obstruction of business, ▲the distinction in defamation between the statement of a fact and the expression of an opinion, ▲whether public interest is recognized, and ▲the effect of any rules or agreement concluded in advance.
At Daeryun Law Firm, attorneys experienced in numerous obstruction of business cases take the lead and provide tailored response strategies through systematic legal review.
If you have received a criminal complaint for obstruction of business and need to respond, please feel free to request assistance at any time.
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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