Convicted for Opening Someone Else's Letter... What Is the Reason?

"Claiming Work-Related Opening Authority for Accurate Delivery"
Court Rules "Negligence in Verifying Recipient's Identity"

[Asia Economy Reporter Kim Hyunjung] An employee responsible for mail delivery and receipt was fined for opening someone else's mail to verify the recipient's identity. This was considered a violation of the 'infringement of privacy' law.

On the 14th, Judge Park Jinyoung of Chuncheon District Court Criminal Division 2 announced that A (29), who was charged with letter opening, was sentenced to a fine of 500,000 KRW. In November 2021, A was prosecuted for opening registered mail addressed to B from the Employment and Labor Office at an office in Hongcheon-gun, Gangwon Province, including a 'Pre-Notice of Disposition.'

Earlier, A received a summary order for a fine for this incident but appealed and requested a formal trial, only to be fined again.

The photo is not related to the specific content of the article. [Photo by Yonhap News]

A is a contract employee responsible for mail delivery and receipt. He claimed that among the numerous mails arriving at the office, he had the authority to open mail sent by public institutions to individuals for accurate delivery. He stated that he received this instruction as part of the handover from his predecessor.

Additionally, A's side insisted, "We searched for recipient B's name in the company's internal network but could not find any record," and "After confirming the accurate recipient information, we only forwarded it to the relevant department, with no intent to infringe privacy," expressing their grievance.

However, the court did not accept A's claims. The court ruled, "Even if A believed he had the authority to open letters through handover instructions, considering various circumstances, it cannot be seen that he made sincere efforts to avoid the illegality of opening the letter," and found him guilty.

Although the mails arriving at the office were addressed not only to company employees but also to workers at leased business sites, dispatch workers, and part-time employees, the court judged that A neglected to take proper measures to verify the exact identity of the recipient. In fact, B was confirmed not to be a company employee but the owner of a restaurant operating in a leased business on the basement first floor of the same building.

Anyone who opens another person's mail without permission is considered to have committed the crime of infringement of privacy and is punished according to the law. Article 316 of the Criminal Act states, "Anyone who opens a sealed letter, document, or drawing that is sealed or otherwise secured by a person shall be punished by imprisonment or detention for up to three years or a fine of up to 5 million KRW."