Business Is Slow, but "Cafe Villains" Kagongjok Can't Be Stopped by Law

Cafe Owners' Complaints Grow Amid Economic Downturn
Difficult to Punish Solely for Long-Term Seat Occupation

As so-called "cafe villains"?people who use cafes as their personal spaces by setting up not only laptops but also monitors and partitions?are becoming increasingly common, cafe owners are voicing more complaints amid the ongoing economic downturn. In particular, the need for regulations on Kagongjok (people who study or work in cafes for extended periods) has resurfaced after a recent incident at a coffee shop, where a customer left various equipment spread out on a table for a long time, went viral on online communities.

On June 30, Yonhap News conducted a fact check regarding the punishment of Kagongjok, who have become a social phenomenon but are often criticized by society. According to Yonhap News, an analysis using the news big data service "BigKinds" and Naver News Search found that the term "Kagongjok" first appeared in the media on April 21, 2015, in an article titled "Does a noisy cafe improve concentration?" The article described the trend of high school students in Mok-dong, Yangcheon-gu, Seoul, studying in cafes and reported that Kagongjok were increasing, especially around educational districts.

Since 2018, there has been a surge in articles reporting nuisance cases involving Kagongjok, as mentioned on social networking services (SNS) and online communities. Some cafes even blocked or removed power outlets and disabled Wi-Fi to keep Kagongjok away. The controversy peaked in 2023. Media outlets reported that bringing power strips to charge tablets and smartphones became commonplace, and some people even brought separate monitors for their laptops to work. There were even customers who charged electric scooters. One cafe staff member lamented, "At this rate, someone will try to charge an electric car."

An individual partition installed at a coffee franchise store. Online community

So, can Kagongjok be punished for obstruction of business? First, the crime of obstruction of business is established when someone spreads false information or interferes with another person's work through deception or force. However, occupying a seat for a long time does not involve spreading false information or deceiving others (deception), nor does it constitute an act of force, which generally refers to violence, threats, or coercion based on status or authority that suppresses or confuses a person's free will.

Some people cite a Supreme Court precedent from 2009, which stated that "acts that make free action impossible or significantly difficult can also be considered obstruction of business," as grounds for punishing Kagongjok. However, the ruling also included the condition that there must be "a certain physical state sufficient to suppress a person's free will." Legal experts say that simply sitting in a seat for a long time, as Kagongjok do, does not create such a "physical state."

Store Owners Can Control Length of Stay Through Their Own Operating Policies

Ultimately, Kagongjok can only be controlled through the self-regulation of cafe owners. Owners have the constitutionally guaranteed freedom to conduct business and can operate their businesses as they wish. Since a cafe is a private commercial space, private autonomy applies. For example, if a rule is established stating that customers must place an additional order if they stay in the store for more than a certain number of hours and customers are informed of this rule in advance, such a rule can be effective.

If a cafe owner establishes a rule stating that customers must place an additional order if they stay in the store for more than a certain number of hours and informs customers of this rule in advance, such a rule can be effective. Online community

This means that if a customer is aware of the rule, orders a drink, and then stays beyond the designated time without placing an additional order, the owner can ask the customer to leave. If the customer refuses, they could be subject to punishment for refusal to leave under the Criminal Act. In fact, in 2023, there was a case where a coffee franchise posted a notice stating, "Additional order required for use over three hours."

Indirect methods to make the environment less comfortable for Kagongjok can also be considered. For example, the number of power outlets can be reduced, or time limits can be set on Wi-Fi. Chairs that are uncomfortable for long periods or low tables unsuitable for laptop work can be installed. Playing lively or loud music to create an environment unfriendly to studying is another method. In conclusion, there is no legal way to sanction Kagongjok solely for occupying a seat for a long time. However, owners can establish their own operating policies to regulate this behavior, and only customers who do not comply with these policies can be subject to punishment for refusal to leave or obstruction of business.

Meanwhile, the emergence of Kagongjok as a social issue in the media is closely related to the rapid increase in coffee shops at the time. According to the National Statistical Office's nationwide business survey, the number of "non-alcoholic beverage stores," including coffee shops, nearly doubled from 30,801 in 2010 to 59,656 in 2015. As cafes became more common in close proximity, the number of people studying in cafes naturally increased, making Kagongjok a social phenomenon.