A fine has been finalized for Co-Representative Park Kyung-seok over an incident in which the Solidarity Against Disability Discrimination (SADD) put hundreds of stickers on a subway platform and sprayed lacquer.
The Supreme Court's Third Division (presiding Justice Lee Heung-gu) on the 20th upheld the lower court ruling that fined Park Kyung-seok, standing co-representative of SADD, 3 million won in a case indicting him for violating the Act on the Punishment of Violent Acts (joint destruction of property, etc.). The lower court rulings fining Kwon Dal-ju, standing co-representative of SADD, and Moon Ae-rin, co-representative of Seoul SADD, 1 million won each were also finalized.
Park and others held a press conference at Samgakji Station on the Seoul subway on Feb. 13, 2023, then attached hundreds of stickers, 30 centimeters wide and 20 centimeters tall, bearing SADD's claims to the platform walls and floor, and sprayed lacquer on the floor, leading the Samgakji stationmaster to file a complaint.
A banner at the platform where the incident occurred read, "Installing facilities inside the station (including tents) is prohibited and may be punished under relevant laws." Park and others did not remove the stickers after the protest ended.
Prosecutors brought the case to trial, saying Park and others damaged the property of Seoul Metro by attaching stickers and spraying lacquer, rendering the platform unusable for its original purpose.
The first trial acquitted Park and others. The first-trial court said, "Although the attached stickers are made of material with somewhat strong adhesion, it does not appear that removal would be remarkably difficult."
The appeals court found that their actions impaired the utility of the platform and constituted property damage, sentencing Park to a 3 million won fine and Kwon and Moon to 1 million won each.
The appeals court noted that the site of the incident was directly connected to the transfer passage between Line 4 and Line 6 at Samgakji Station and occurred at 8 a.m. on a Monday when workers commute, saying it likely caused considerable inconvenience to subway users.
It also found that "to restore the platform to its original state, about 30 Seoul Metro employees carried out sticker and spray removal work for two days, day and night," and that "subway users could not pass over the stickered floor areas and had to detour."
SADD argued that attaching stickers and related acts were justifiable acts under the Criminal Act that did not violate social norms. The appeals court said, "Even if the purpose was to secure mobility rights for people with disabilities, it is difficult to recognize urgency or inevitability requiring the defendants to densely attach hundreds of stickers to the walls and floor without exploring other lawful means."
The Supreme Court dismissed the appeal, finding that the lower court did not misconstrue the law.