A practicing attorney criticized as excessive an incident in which a franchisee at a PAIK'S COFFEE store in Cheongju, North Chungcheong, demanded a settlement from a part-time worker who drank beverages without permission. The franchisee's side countered that the beverages the worker drank were not the three cups known, but as many as 112.
Attorney Lee Don-ho of Nova Law Firm said in a video posted on Lee's YouTube channel on Feb. 29 that "if legal advice had been sought, a settlement of up to 5.5 million won would not have been paid."
Lee said, "It is excessive to have extracted more than 5 million won from the part-time worker," adding, "The offense may not be recognized, and even if it is, because the amount is not large, it could end in a suspension of indictment."
The controversy erupted after it became known that A, in their 20s and working at a cafe, was accused by the franchisee of drinking three beverages without permission while on the job. The franchisee demanded a settlement, and A, fearing disadvantages in employment and other areas, paid it, prompting opinions—centered on online communities—that the franchisee's response was excessive.
Lee said, "Even if there was a malicious clause in the employment contract stating 'pay 50 times the damage as a penalty,' it could be invalidated in court," adding, "Demanding a settlement that far exceeds the actual damage and using a criminal complaint as leverage constitutes extortion or intimidation."
However, the franchisee's side argued that the settlement demand was not for the purpose of intimidation and that A drank a total of 112 beverages without the franchisee's permission. The franchisee is said to have begun checking the facts after receiving a tip from another part-time coworker that A had been using cafe items without permission after quitting.
The franchisee's side also said that A even wrote a letter of apology, yet instead reported the franchisee for extortion. They said the focus on the three beverages was because, to refute the extortion charge, they specified only the portions verified as fact from closed-circuit (CC) TV footage.