Application of Obstruction of Business Charges and Issuance of Post-Seizure Warrants
Apartment Passageway is Private Property... Difficult to Relocate
Recently, it was revealed that the police took the unusual step of towing a van that was blocking the entrance to an apartment complex. Some argue that this action should serve as a precedent, urging the police and administrative authorities to take proactive measures against vehicles obstructing passage within apartment complexes.
According to the Incheon Western Police Station on the 18th, at around 5:35 a.m. on the 7th, a man in his 30s, Mr. A, parked his vehicle in front of the entrance to an underground parking lot at an apartment in Seo-gu and then disappeared.
A vehicle that blocked a parking lot in Incheon for a week in the past. Archive photo. Photo by Yonhap News
Next to the visitor entrance where Mr. A parked, there was a separate entrance for residents, allowing temporary vehicle passage, but as the situation persisted for over 10 hours, the inconvenience grew.
It is known that Mr. A drove a van registered under an acquaintance’s name and tried to enter the parking lot, but when the security guard blocked his entry citing the vehicle was unregistered, he simply turned off the engine and left.
Upon receiving the report and arriving at the scene, the police called a tow truck and moved the van blocking the entrance to the police station for seizure. This was a very unusual measure compared to previous similar cases where the police or the responsible district office failed to promptly tow problematic vehicles.
Previously, in August 2018, at an apartment in Songdo, Incheon, a Camry owner blocked the apartment entrance with his vehicle in protest against a parking violation warning sticker. The vehicle was only moved after the owner apologized on the fourth day of the incident.
Also, in June last year, a man in his 40s blocked the only entrance to a parking lot for a week at a commercial building in Nonhyeon-dong, Namdong-gu, Incheon, due to a conflict over management fees.
Last month, at an apartment in Daegu, a resident blocked the parking lot entrance for two days out of resentment because the management office refused to register a vehicle not under his name.
The reason why the police and the responsible district offices have been unable to tow problematic vehicles despite such incidents lasting several days multiple times is that the locations are private property. According to the Road Traffic Act, a vehicle parked in a no-parking zone can be ordered to move, but internal apartment roads are private property where such regulations do not apply, making administrative action difficult.
Furthermore, under the Motor Vehicle Management Act, forcibly towing an abandoned vehicle requires the vehicle to have been left unattended for more than two months, among other conditions, making immediate response practically impossible.
However, in this recent case in Seo-gu, Incheon, the police were able to take swift action by actively applying charges of obstruction of business after securing CCTV footage and witness statements at the scene. The police focused on the fact that Mr. A blocked the apartment entrance with his vehicle, interfering with the security guard’s parking management duties and causing disruption to traffic within the apartment complex.
Article 314 of the Criminal Act stipulates that a person who obstructs another’s business by force may be punished by imprisonment for up to five years or a fine of up to 15 million won.
The apartment management office claimed that Mr. A violated the apartment management regulations, presenting records that he had entered multiple times before with unregistered vehicles.
As the police were unable to maintain contact with the driver, they deemed it necessary to urgently seize the vehicle, towed it, and subsequently obtained a post-seizure warrant from the court.
A representative from the Incheon Western Police Station said, "This is the first case nationwide where a vehicle blocking an apartment entrance was forcibly moved," adding, "We will actively take measures against illegal acts that harm the public interest."
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