Prosecutors Withdraw Appeal in Convenience Store '5900 Won Banban Jokbal' Embezzlement Case Amid Public Backlash

From the left, Jokbal and Buljokbal.

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The prosecution has withdrawn its appeal in the 5,900 won 'Banban Jokbal' embezzlement case in response to public criticism.

On the 26th, the Seoul Central District Prosecutors' Office announced that it had withdrawn the appeal filed against the first trial verdict that acquitted convenience store employee A (41), who was indicted on charges of embezzlement in the course of duty.

A was indicted on charges of arbitrarily consuming the 5,900 won 'Banban Jokbal' sold at the convenience store where he worked in July 2020 but was acquitted in the first trial.

According to convenience store guidelines, refrigerated foods like jokbal are considered expired only after 11:30 PM, but A mistakenly thought the expiration time for jokbal was 7:30 PM, the same as for lunch boxes, and consumed it believing it was unsellable merchandise, the investigation revealed.

The prosecution, which investigated the case following a complaint from the convenience store owner, applied the charge of embezzlement in the course of duty against A in July last year, issuing a summary indictment with a fine of 200,000 won, which the court accepted and issued a summary order.

However, A requested a formal trial, claiming "there was no intent to embezzle," and the Seoul Central District Court, which heard the case, found that A had no intent to embezzle and acquitted him in June.

Initially, the prosecution filed an appeal against the verdict, but after criticism that the action was too harsh, it held a Prosecutors' Citizens' Committee meeting on the 22nd to discuss whether to withdraw the appeal. The committee, after a two-hour session of case explanation, Q&A, and discussion, resolved that withdrawing the appeal was appropriate.

In particular, a wage-related dispute arose between the complainant, the store owner, and employee A, with A first suing the owner for violating the Labor Standards Act, and the owner paying wages to A and receiving a non-prosecution disposition for the Labor Standards Act violation, which was one of the reasons for this decision.

A prosecution official stated, "The citizens' committee members viewed this case as originating from a wage payment dispute between the convenience store owner and the employee, and considering that the damage was minor while the defendant suffered greater pain and costs during the trial process, the prosecution judged that withdrawing the appeal and concluding the trial was appropriate."

The official added, "The Seoul Central District Prosecutors' Office respected the opinions of the citizens' committee and decided to withdraw the appeal in this case, taking into account justice, fairness, and concrete validity. The Seoul Central District Prosecutors' Office will continue to listen attentively to the vivid voices of the public and strive to handle its duties diligently."