Kim Kyung-wook (58), former CEO of Incheon International Airport Corporation, who was prosecuted for obstruction of business after cutting off electricity and water supply to a golf course owned by the corporation three years ago, was acquitted in the first trial.
On the 14th, Judge Sung Hye-in of the Criminal Division 8 at Incheon District Court acquitted Kim and three other current and former executives of Incheon Airport Corporation, all charged with obstruction of business, at the sentencing hearing.
Kim and others were indicted without detention in April 2021 for obstructing the business of Sky72 Co., Ltd., the operator of the Sky72 Golf Course in Unseo-dong, Jung-gu, Incheon, by cutting off electricity and water supply.
At that time, Incheon Airport Corporation cut off electricity and reclaimed water supply, claiming that Sky72 was occupying the golf course without permission even though the lease contract for the golf course land had ended in December 2020. However, the prosecution judged that Incheon Airport Corporation’s unilateral act of cutting off electricity while engaged in a 'real estate delivery lawsuit' with Sky72 constituted obstruction of business.
The court stated, "Sky72 illegally occupied the golf course land, which is an Incheon Airport facility, for three months after the land use contract ended," and added, "The legal dispute was not likely to be resolved amicably at the time, and Incheon Airport Corporation was incurring daily damages."
It continued, "Before cutting off electricity and water, Incheon Airport Corporation gave prior notice to Sky72 and confirmed safety measures," and judged that "the defendants’ actions of cutting off electricity and water were lawful acts without illegality according to social norms."
However, the court explained, "The defendants took the measures of cutting off electricity and water to pressure the representative of the affected golf course company to voluntarily return the golf course land, and golf course operations are legally worthy of protection," meaning that the defendants’ obstruction of business charges were not legally punishable, though the acts are not to be actively encouraged.
Sky72 had been operating a golf course and clubhouse since 2005 by leasing land owned by Incheon Airport Corporation, which was the planned site for the airport’s fifth runway construction. The corporation and Sky72 set the contract termination date as December 31, 2020, when the fifth runway was to be built, but legal disputes arose as the runway construction was delayed.
The airport corporation filed a lawsuit against Sky72’s operator demanding the return of the land and transfer of ownership, claiming the contract period had ended. In response, Sky72 filed a lawsuit seeking reimbursement for the costs invested in the facilities (useful expenses) during their lease of the golf course land.
However, Sky72’s claim for useful expenses was dismissed, and although the airport corporation won the final ruling at the Supreme Court in December 2022, Sky72 did not return the golf course land. The corporation forcibly reclaimed the land through enforcement in March last year.
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