"Sent the Carcinogen Upstairs": Restaurant Worker in 40s Convicted for Mocking Part-Time Colleague

In Front of Colleagues... Prosecuted for Insult
Court Orders "Pay Fine and Litigation Costs"

A restaurant employee who mocked a part-time worker in front of colleagues by referring to them as a carcinogen has received a criminal record for insult. The court also ordered the employee to pay litigation costs.

According to Yonhap News on May 17, Kim Taekseong, the presiding judge of the Chuncheon District Court Criminal Division 2, sentenced A (48) to a fine of 2 million won for insult.

A part-time worker is working at a restaurant. This image is not directly related to the article content. Captured from Yonhap News TV.

According to the indictment, in July 2022, at a restaurant on the first floor of a golf club clubhouse in Hongcheon County, A insulted part-time worker B in front of colleagues as B was going up to the second floor, saying, "Hey, I just sent the carcinogen upstairs. Am I going to get in trouble for sending the carcinogen upstairs?"

For this incident, A initially received a summary order to pay a fine of 1 million won. However, A requested a formal trial and denied the allegation, claiming, "I never said that." Nevertheless, colleague C consistently testified that they heard A make the remark.

Judge Kim found A guilty, noting that, based on the investigation and trial process, there was no reasonable reason or motive for C to risk a perjury charge by giving unfavorable testimony against A in court.

The judge further stated, "Given that the defendant has shown no remorse during the investigation and trial, a severe punishment is necessary." As a result, A was sentenced to a fine of 2 million won, which is higher than the initial summary order.

The litigation costs also became A's responsibility. The court ordered A to pay the litigation costs, considering that the trial lasted nearly two years due to witness examinations and other proceedings.

Under the Criminal Procedure Act, the court may order the defendant to bear litigation costs. If the defendant unnecessarily requests a formal trial despite clear guilt, or causes excessive litigation costs through witness examinations and similar actions, the court can order the defendant to pay these costs.

Meanwhile, the crime of insult is defined as publicly insulting a person and is stipulated in Article 311 of the Criminal Act. Those who publicly insult another person may be sentenced to imprisonment or detention for up to one year, or fined up to 2 million won. Simply making insulting remarks does not automatically constitute this crime; both publicity and specificity must be established for the crime to be recognized.