On 27/11, criminal court number 2 of the Jeonju District Court, in an appeals hearing, overturned a lower court's 50,000 won fine and acquitted the defendant of theft charges.

The 41-year-old security guard was tried for allegedly eating one Choco Pie, valued at 450 won, and one Custard cake, valued at 600 won, from a refrigerator in the second-floor office of a logistics company in Wanju district, Bac Jeolla province, around 4:06 am on 18/1/2024.

The logistics company's manager reported the incident after reviewing security camera footage, stating, "He took snacks without permission".

The prosecution initially sought a 500,000 won fine for the security guard. However, the employee maintained his innocence, asserting, "Delivery drivers who regularly come into the office told me it was acceptable to eat the snacks," and requested a formal trial.

The two snacks taken were valued at 1,050 won (0.74 USD). *Chosun Daily*

At the first trial on 4/5, criminal court number 6 of the Jeonju District Court imposed a reduced fine of 50,000 won, reasoning that the defendant should have sought permission even if he observed other employees taking snacks. The security guard subsequently appealed the decision.

Following the initial verdict, public opinion in South Korea was largely critical, arguing the case was unwarranted. Labor unions condemned the incident as a disproportionate punishment, treating an employee as a criminal for snacks commonly shared in the workplace and worth only 1,050 won (0.74 USD).

In response, the Jeonju District Prosecutors' Office convened a meeting on 27/10. Most of the 12 citizens who attended recommended giving the defendant an opportunity rather than punishing him. The prosecution accepted this recommendation, requesting a suspended sentence at the appeals trial.

However, the appeals court acquitted the defendant after considering testimonies indicating that "39 colleagues also stated they had eaten snacks in the same manner as the defendant".

During testimony, a delivery driver explained, "Since no logistics company employees were present early in the morning, we freely consumed snacks left in the refrigerator".

The defense lawyer also argued that employees at the location regularly took snacks and that the defendant lacked intent to commit a crime, emphasizing that the initial punishment was "excessively harsh".

According to the court, "it is very difficult to definitively determine that the defendant had an intent to steal." Instead, he was believed to have mistakenly thought he could eat the snacks based on the drivers' statements.

Under South Korea's Security Services Act, a conviction for theft would have barred the security guard from continuing his work in the industry, leading to job loss. The appeals court's ruling allows the employee to retain his position at the company.

Tue Anh (according to Chosun Daily, Korea Herald)