Over 10,000 Cases of Obstruction of Official Duties Annually
Most Sentences Are Light, Such as Fines
Experts United in Calling for Harsher Punishments
"Don't touch me." On July 26 last year, at 11:06 p.m., a 112 emergency call was received reporting a foreigner causing a disturbance at a fitness center in Songpa-gu, Seoul. A Chinese national, Mr. A, was intoxicated and hurled insults at other fitness center members for 20 minutes, causing a commotion. Officer Park from the Samjeon Police Substation of Songpa Police Station arrived at the scene and took Mr. A outside to calm him down. Mr. A then shouted in English not to touch him, struck Officer Park's arm, pushed his chest causing him to hit the elevator door, and assaulted him. Mr. A was arrested on the spot.
On the 8th, Judge Jung Won of the Seoul Eastern District Court Criminal Division 11 sentenced Mr. A to a fine of 7 million KRW for charges including obstruction of official duties. The court stated, "The nature of the crime is not light," but also considered that "the defendant is receiving psychiatric treatment for bipolar disorder and committed the crime while somewhat intoxicated and agitated, and that he reached an amicable settlement with the victim," explaining the sentencing rationale.
Park Mo, who wielded a weapon at two police officers working outside the Presidential Office in Yongsan-gu, Seoul, on the 31st of last month, is being arrested and transported by the police. [Photo by Seoul Metropolitan Police Agency]
Also, on April 12 at 11:48 a.m., a 112 call was received reporting a burglary at a residential area in Gwangjin-gu, Seoul. Two police officers from the Guui Police Substation of Gwangjin Police Station arrived at the scene and questioned a 36-year-old Chinese national, Mr. B, about the incident. Suddenly, Mr. B said, "You should know, why should I know that? Are you really a police officer?" and grabbed the officer's hair and kicked his shin several times. Mr. B was tried and sentenced to eight months in prison in the first trial on July, but his sentence was reduced to six months in the appeal last month. Considerations included Mr. B’s struggles with depression and other mental health issues, his admission and remorse for the crime, and his deposit of 1 million KRW each to the injured officers.
Obstruction of official duties occurs around 10,000 times annually. According to the National Police Agency crime statistics, there were 10,959 cases in 2018, 11,545 in 2019, 10,789 in 2020, 9,366 in 2021, and 10,827 in 2022. Under the Criminal Act, obstruction of official duties is punishable by up to five years imprisonment or a fine of up to 10 million KRW, but most cases result in light penalties such as fines. In fact, among 7,498 people prosecuted for obstruction of official duties with first trial verdicts last year, 3,323 (44.3%) received suspended sentences, and 2,362 (31.5%) were fined.
On-scene police officers express their difficulties. Officer C, working in Incheon, said, "When I was at the police substation, I handcuffed a person causing a disturbance at a chicken restaurant, and after he calmed down somewhat, I released him. But when I put him in the patrol car, he suddenly shouted, 'Where are you taking me?' and slapped me," adding, "Hearing insults and abusive language is daily life. As long as they don’t use violence, we usually tolerate most things." Frontline officers reported that some foreigners, including Chinese nationals, resist police enforcement as they become aware that public authority is often disregarded domestically.
Professor Lim Joon-tae of Dongguk University’s Department of Police Administration said, "Offenders of obstruction of official duties mostly cause disturbances while intoxicated, and since they say they are remorseful, courts tend to impose lenient punishments," adding, "Strict punishment is necessary to build trust in public authority." Professor Oh Yoon-sung of Soonchunhyang University’s Department of Police Administration said, "This is a reason why police officers avoid working at police substations and stations," and warned, "If public authority collapses like this, social instability will inevitably increase."
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