Showering for 1 Hour in Subway Restroom... Spraying Police with Spray When Door Opened [Seocho-dong Legal Story]

"Open the door." "Come out."

On the morning of February 19th, during rush hour, a commotion occurred in front of the restroom inside Sapaeng Station on Seoul Subway Line 9 in Seocho-gu, Seoul. Around 7:30 AM, Mr. A (66), who entered the restroom for the disabled while pulling a suitcase, did not come out for several tens of minutes, prompting the station staff to call the police.

The responding police officers requested, "If you are not using the restroom, please come out," but Mr. A repeatedly refused, saying, "I am showering," "I am washing." Eventually, he even cursed, saying, "You are fake police."

The photo is unrelated to the article content.

About an hour after Mr. A entered, the sound of water inside stopped. The silhouette of Mr. A, visible through the door, also stopped moving. At that moment, fearing the possibility of an 'extreme choice,' the police forcibly opened the restroom door with the help of the station staff and confronted Mr. A, who was standing still wearing only underwear.

When the police officer requested, "Please put on clothes," suddenly Mr. A sprayed a 'rust remover spray' he was holding. The police officer who was sprayed in the face complained of pain in his eyes and respiratory tract, and the station staff hurriedly brought a wet towel.

Eventually, Mr. A was arrested on the spot as a suspect. The investigative agency indicted him on charges of obstructing official duties with a dangerous object, stating that he obstructed the lawful execution of police officers' duties.

Mr. A denied the charges in court. His lawyer argued, "Although he said he was 'washing,' the police forcibly opened the restroom door. Since the police did not lawfully and properly perform their duties, Mr. A's actions were justified."

According to the legal community on the 21st, Judge Jang Su-jin of the Criminal Division 7 at Seoul Central District Court recently sentenced Mr. A, who caused the '1-hour shower commotion,' to one year in prison.

The defense's claim of 'justifiable act' was not accepted. The court stated, "The responding police officers judged that there was a situation where Mr. A's life or body could be at risk. They requested the station staff, who was the on-site manager, to open the restroom door to check and protect his condition, and it was judged that they lawfully and properly performed their duties according to the Police Duties Execution Act."

Furthermore, "Strict punishment is necessary to establish the nation's legal order against crimes obstructing official duties and to eradicate the culture of disrespecting public authority," the court said, adding, "The spray Mr. A used is a flammable substance and poses a high risk, such as causing lung damage if inhaled. Considering also that he was criminally punished in 2020 for special threats," the court explained the sentencing rationale.