Repeated Graffiti at Gyeongbokgung Palace, Reviewing Precedents... "High Possibility of Imprisonment"

Strengthening Punishments for Cultural Heritage Damage
Arsonist of Sungnyemun and Graffiti Offender of Eonyang Eupseong Both Sentenced to Prison
"Severe Sentences Expected Considering the Importance of Gyeongbokgung Palace"

Last weekend, graffiti vandalism occurred on the walls of Gyeongbokgung Palace in Jongno-gu, Seoul, and there is a strong expectation that the perpetrator will receive a prison sentence. Since the arson of Sungnyemun in 2008, which resulted in a 10-year prison sentence, penalties for cultural heritage damage have been strengthened, and there have been many precedents where offenders received prison terms. Experts predict that a heavy sentence could be imposed considering the historical significance of Gyeongbokgung Palace.

According to the police on the 18th, in the early morning of the 16th, an incident occurred where spray paint was used to graffiti phrases such as "Free Movie" along with words believed to refer to illegal video sharing sites on the walls around Gyeongbokgung Palace.

The next night, another graffiti appeared on the left wall of Yeongchumun Gate, spanning 3 meters in length and 1.8 meters in height. The police are tracking two suspects from the first incident, and the suspect from the second incident surrendered one day after the crime. A police official stated, "According to the Cultural Heritage Protection Act, imprisonment for more than three years is possible. Since this is not a simple graffiti but a serious crime, we plan to respond strictly."

On the morning of the 16th, the fence in the direction of the National Palace Museum of Korea at Gyeongbokgung, Jongno-gu, Seoul, was vandalized with spray graffiti advertising an illegal video sharing site. [Image source=Yonhap News]

Penalties for damaging cultural heritage have been steadily strengthened since the Cultural Heritage Protection Act was enacted in 1962. At the time of its initial enactment, the Act specified that "Anyone who damages or conceals cultural heritage designated or registered as National Treasures or Treasures, or otherwise impairs their utility, shall be punished by imprisonment or detention for up to 10 years or a fine of up to 1 million hwan (100,000 won, currently about 5 million won)."

This provision was revised in 1970 to impose imprisonment for more than three years without fines, and in 1999, the scope was expanded to include all nationally designated cultural heritage except intangible cultural heritage. Since 2020, suspects have been required to fully compensate for the restoration costs of the damaged cultural heritage.

Looking at previous cases, a heavy sentence is expected. In 2008, Cha Jong-gi (aged 70 at the time of the crime), who set fire to Sungnyemun, was sentenced to 10 years in prison. The court at the time stated, "Sungnyemun is a symbolic cultural heritage representing our country, widely known overseas, designated as National Treasure No. 1, and our people have held a strong national pride. The public suffered great mental damage from the shock and shame caused by this unimaginable incident," explaining the sentencing rationale.

Additionally, in 2009, two individuals who spray-painted graffiti on the entrance door of Jeondong Catholic Church, designated as a historic site in Jeonju, Jeollabuk-do, were sentenced to two years in prison with a three-year probation and one year and six months in prison with a two-year probation, respectively. In 2017, Park (aged 40), who spray-painted graffiti in red on the historic site of Eonyang Eupseong Fortress in Ulju-gun, Ulsan, was sentenced to two years in prison.

The court at that time explained the sentencing by stating, "Since this is a nationally designated cultural heritage and restoration is difficult due to the crime, strict punishment is necessary," and "Especially, damaging nationally designated cultural heritage is a serious offense."

Attorney Kim Yeon-su of Jeonghyang Law Firm said, "This is a crime without fines, and based on similar cases such as the graffiti incident at Eonyang Eupseong Fortress, there is a high possibility of a prison sentence. Considering that important cultural heritage visited by many foreigners was damaged, the punishment could be severe."

Professor Lee Yun-ho, Chair Professor of the Department of Police Science at Korea Cyber University, also said, "According to the Cultural Heritage Protection Act, the possibility of imprisonment seems high. Gyeongbokgung Palace is one of the major cultural heritages. Considering its importance, as in the Sungnyemun case, the sentence could be even heavier."