Obstruction of Business Complaint | Case Concluded with Suspension of Indictment After Responding to an Obstruction of Business Complaint

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.

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.

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.

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.