A 70-Year-Old Elderly Man Swore at a 20s Convenience Store Part-Timer Who Spoke Casually [Seocho-dong Legal Story]

What’s with Banmal... A 70-Year-Old Man Who Got Into an Argument While Buying Cigarettes
Charged with 'Insult', Fined 500,000 Won in First Trial and Appeals

An elderly man who went to a convenience store to buy cigarettes got into a dispute over the use of informal language with a part-time employee and used abusive language, leading to a criminal trial. The photo is unrelated to the article content.

[Asia Economy Reporter Kim Daehyun] "I have also lived a life where I was respected socially and had subordinates under me. At that moment, I was jumping up and down. I apologize for causing trouble in many ways, but please also consider my 'feelings'." (Defendant)

A 70-year-old man, Mr. A, stood in court. He is accused of verbally abusing part-time employee Ms. B (then 24, female) at a convenience store in Gangnam-gu, Seoul, on November 14, 2020.

The incident unfolded as follows. Mr. A entered the convenience store to buy cigarettes and briefly mentioned the product name to Ms. B. In response, Ms. B only said, "20,000 won."

Mr. A retorted, "How dare you speak informally to me?" and said, "I am older than your father." Ms. B responded, "You spoke informally first." "Hey, you XX! You good-for-nothing XX!" Mr. A’s enraged insults continued, and Ms. B called the police. The prosecution indicted Mr. A on charges of 'insult.'

Mr. A’s side claimed innocence in court, arguing that the 'public nature' was not established at the time of the insult. Under criminal law, the crime of insult requires public nature (a state where an unspecified or multiple people can recognize it), but only Mr. A and Ms. B were present at the scene during the insult. They also argued that Mr. A’s remarks could not be considered insulting language because Ms. B had provoked him first.

The first trial sentenced Mr. A to a fine of 500,000 won. Judge Joo Jin-am of the Seoul Central District Court Criminal Division 15 stated, "For the defendant to be respected by the victim, the defendant must also show respect toward the victim," and criticized, "Speaking informally just because one is much older, or responding informally and then expressing words close to verbal abuse without filtering, is not an expression that can be naturally allowed under sound social norms."

Additionally, the court found public nature established, noting "There was one customer inside the convenience store, and two children were looking inside right in front of the store entrance," and judged that Ms. B could sufficiently feel insulted by Mr. A’s remarks.

Mr. A appealed the first trial verdict, and about a year later, on the 7th, the second trial was held at the Seoul Central District Court Criminal Appeal Division 9 (Presiding Judge Yang Kyung-seung).

Mr. A’s lawyer argued, "Other people entered the convenience store after the defendant’s insults ended, and it is not objectively confirmed that children were outside," and added, "Even if public nature is recognized, the harsh expressions were made in the process of disciplining Ms. B for speaking informally to an elder, so it does not violate the rules of recall."

In his final statement, Mr. A said, "When she (after hearing the insults) called 112, I complained, 'How on earth is the world turning?'" and appealed, "If she had said, 'Sir, please don’t speak informally,' I would have said, 'Oh, I’m sorry,' and corrected my behavior."

The appellate court decided to review the on-site CCTV again and scheduled the sentencing for the 25th of next month.