Fine for Interference with Business | A Case of Responding to an Interference with Business Charge That Concluded with a Non-Referral Despite the Risk of a Fine

The client was spending time with friends at Bar A, drinking together.

After briefly stepping outside to take a phone call, the client, while re-entering the bar, noticed a woman seated at another table and developed an interest in her.

The client then approached and sat at the table where the woman was seated, striking up a conversation with remarks such as "Where are you from?" and "Let us drink together."

After a short while, a member of the staff approached and asked the client to return to the original table, and the client declined, saying, "I will stay just a little longer."

After some time had passed, the staff member once again asked the client to return to his seat, and at that point the client gathered his things, stood up, and returned to the table where he had originally been seated.

Afterward, however, Bar A claimed that the client had interfered with the operation of the establishment and raised a charge of interference with business.

Facing the risk of a fine for interference with business, the client requested the assistance of a criminal attorney.

1) Denial of the Elements of the Crime of Interference with Business

The criminal attorney organized the facts of the case and made clear that the client had ultimately complied with the staff member's request and returned to the original table, and that throughout this process there had been no abusive language, violence, or threatening conduct whatsoever.

On this basis, the attorney actively argued that the conduct did not amount to the "exercise of force" among the elements of the crime of interference with business, and therefore was not a matter warranting a fine for interference with business.

2) Demonstrating the Absence of Any Purpose to Interfere with Business

The attorney emphasized that during the brief time the client remained at the table, the other party had not clearly expressed any refusal, and that a natural exchange had taken place, including pouring drinks and conversing.

The attorney also explained, through the payment records, that the client had additionally ordered liquor worth approximately 500,000 won, and actively demonstrated that it was difficult to regard the client's conduct as an intentional interference with the business.

3) Recovery of Harm and the Intention Not to Seek Punishment

The criminal attorney emphasized that the client had conveyed a sincere apology for the inconvenience the bar may have felt.

The attorney also demonstrated, through a formal written statement declining to seek punishment, that the bar's representative had understood that the situation at the time had arisen from a misunderstanding and had clearly expressed the intention not to seek punishment of the client.

The investigative authority determined that it was difficult to regard the client's conduct as satisfying the elements of the crime of interference with business.

Accordingly, the investigative authority issued a non-referral disposition and closed the case.

The client was able to conclude the matter without the burden of a fine for interference with business or any criminal punishment.

Where a charge of interference with business is established, under Article 314 of the Criminal Act the offender is subject to imprisonment for not more than five years or a fine not exceeding 15 million won.

Because the level of the fine and imprisonment for the crime of interference with business is not low, prompt action is important once a charge has been raised.

A criminal attorney can closely review whether the elements are satisfied with respect to an interference with business charge, on the basis of the facts and the evidence, and respond systematically so that unnecessary misunderstandings do not escalate.

If you are concerned about the possibility that the matter may lead to a fine for interference with business or to punishment, we encourage you to check the response method suited to your current situation through the 🔗Specialized Attorney Legal Consultation Reservation.

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