CONTENTS
- 1. Interference with Business, What Were the Detailed Circumstances?
- - Interference with Business, What Is the Relevant Legislation?
- 2. Interference with Business, What Was the Court's Determination?
- 3. Interference with Business, Daeryun's Strategy
1. Interference with Business, What Were the Detailed Circumstances?
The plaintiffs who filed the claim for damages based on interference with business were a company that sought to install a mushroom cultivation facility and a solar power plant, and that company's representative director.
They had entered into a parcel sale contract for the construction of a solar power plant on a tract of land in Chungnam.
The residents of the area began assembling under the slogan "Absolutely Oppose Solar Power."
The residents obstructed the construction in various ways, such as using vehicles and farm machinery to block the construction access road, sounding horns, and shouting profanities. When a construction crane attempted to lower equipment, some of them went underneath it.
As a result, the construction had no choice but to be suspended, and the company filed a claim for damages against the residents, asserting 🔗interference with business.
The company claimed approximately 470 million won from the residents for construction costs, material costs, and unrealized profits, and the company's representative claimed 30 million won in consolation money, stating that he had suffered mental anguish from having to abandon the construction due to the residents' obstruction.
Interference with Business, What Is the Relevant Legislation?
Interference with business is a crime that is established when a person obstructs another person's business.
According to Supreme Court precedent, the "business" protected by this crime refers to work or undertakings in which a person continuously engages based on his or her occupation or social standing, and it also includes ancillary work that is closely and inseparably related to such principal business. (See Supreme Court, Decision of February 9, 1993, 92 Do 2929)
▣ Article 314 of the Criminal Act (Interference with Business) (2) A person who interferes with the business of another by damaging a computer or other data processing device, or an electronic record or other special media record, or by inputting false information or improper commands into a data processing device, or by causing an obstruction to data processing by any other means, shall be subject to the same punishment as set forth in paragraph (1). |
The requirements for interference with business to be established are as follows.
1. The exercise of force
Even if not direct, as with assault or intimidation, it is established if the conduct rises to a level sufficient to overcome the victim's free will through any exercise of power capable of suppressing a person's will, such as pressure based on social, economic, or political position and influence.
2. The use of deceit
Deceit means the act of deceiving another person through falsehoods to cause misunderstanding or confusion and to lead that person into error by improper means.
3. The spreading of false facts
The spreading of false facts means circulating facts that do not correspond to the truth, and the mere expression of an opinion or value judgment does not fall within this category.
2. Interference with Business, What Was the Court's Determination?
The District Court that heard the interference with business issue rendered a judgment partially in favor of the plaintiffs who had claimed damages.
The mental anguish suffered by the company's representative as a result of the residents' obstruction of the construction was recognized by the court. Accordingly, it ordered the residents who led the assemblies to pay 5 million won, 3 million won, and 2 million won, respectively.
However, taking into account that the delay in the solar power plant construction was also attributable to the failure to install facilities to suppress scattering dust and the like as required under the Clean Air Conservation Act, the court found it difficult to conclude that the project had been entirely thwarted by the residents' obstruction, and it therefore dismissed the company's claim for damages.
3. Interference with Business, Daeryun's Strategy
We have analyzed the court's judgment, which partially recognized damages arising from the construction obstruction by residents opposing the establishment of a solar power plant in connection with interference with business.
A claim for damages is a lawsuit filed with a court to hold another party civilly liable for the loss one has suffered and to obtain compensation for that loss.
To file such a lawsuit, the defendant and the facts giving rise to the damages must be identified, and they must be proven through evidentiary materials. In addition, the amount of damages must be calculated precisely, and a causal relationship must exist.
In such cases, working with an 🔗attorney experienced in civil matters to prepare for the lawsuit is recommended.
The 🔗Civil and Damages Group of Daeryun Law Firm LLP draws on extensive experience in claims for damages to protect the rights and interests of its clients. If you need assistance, you are welcome to request a legal consultation at any time.
