The Supreme Court will issue its final ruling on the 20th on whether the National Solidarity for the Elimination of Discrimination against Persons with Disabilities (NADD) is guilty or not guilty for putting hundreds of stickers on a subway platform and spraying lacquer.
The Supreme Court's Third Division will hold a sentencing hearing this morning in the final appeal for Park Kyung-seok and Kwon Dal-joo, former standing co-representatives of NADD, and Moon Ae-rin, co-representative of Seoul NADD, who were indicted on charges of violating the Act on the Punishment of Violent Acts (joint destruction of property, etc.).
After holding a press conference at Samgakji Station on the Seoul subway on Feb. 13, 2023, Park and others attached hundreds of stickers, 30 centimeters wide and 20 centimeters long, containing NADD's claims to the platform walls and floor, and sprayed lacquer on the floor, leading the Samgakji stationmaster to file a complaint.
Prosecutors brought the case to trial, saying Park and others attached stickers and sprayed lacquer, making it impossible to use the platform for its original purpose and thereby damaging Seoul Metro's property.
The first trial acquitted Park and the others. The first-instance court said, "Even if the attached stickers had somewhat strong adhesive, they do not appear to be so difficult to remove as to be markedly troublesome."
The appellate court fined Park 3 million won, and fined Kwon and Moon 1 million won each. The appellate court noted that the incident occurred in a location directly connected to the transfer corridor between Line 4 and Line 6 at Samgakji Station and happened at 8 a.m. on a Monday when workers commute, saying it "likely caused considerable inconvenience to subway users."
It also said, "To restore the platform to its original state, about 30 Seoul Metro employees worked day and night for two days to remove the stickers and spray," and found that "subway users could not pass over the floor sections with stickers and had to detour."
NADD argued that attaching the stickers constituted a justifiable act under the Criminal Act that does not violate social norms. The appellate court said, "Even if the purpose was to guarantee mobility rights for persons with disabilities, it is hard to recognize urgency or inevitability that would require the defendants to densely attach hundreds of stickers to the walls and floor without first seeking other lawful means."
NADD plans to state its position after the Supreme Court ruling.