National Association of the Victims of Shincheonji refuses to comply with security's demands to 'vacate the premises'
Police investigations following report of 'break-in'
[Cheonji Ilbo = Correspondent Won Min-eum] Reckless protests by the National Association of the Victims of Shincheonji (head representative Jang-sik Shin) have continued on outside an apartment in Gyeonggi province, to the disdain of local residents.
According to reports from Cheonji Ilbo, on the 21st July, protestors broke into an apartment building, refused to leave, cursed security and engaged in an act of 'ding-dong ditch' (persistently ringing a doorbell and running off). Growing calls for more stringent action have been made.
According to a report by Cheonji Ilbo, members of the anti-Shincheonji coalition 'National Association of the Victims of Shincheonji' have put up placards and banners outside the front door of an apartment in Gyeonggi province where Chairman Man-hee Lee of 'Shincheonji Church of Jesus, the Temple of the Tabernacle of the Testimony (Shincheonji)' resides. Using loudspeakers, protestors protest and curse Shincheonji and Chairman Lee. Their protests have become well-known for consisting of crude and vulgar accusations and personal attacks on Chairman Lee.
At around 2pm on the 7th July 2021, a security guard at an apartment complex received a complaint from one resident, who said, “Someone has been repeatedly ringing the doorbell and running off”. After checking CCTV surveillance, the property management director confirmed that a member of the National Association of the Victims of Shincheonji had unlawfully entered the apartment building and gone up to the top and back down in order to carry out a protest. Prior to this, another complaint of 'ding-dong ditch' had been reported to security by another resident. Protestors have continued to cause disturbance to local residents inside and outside the apartment building, refusing to comply with an order to vacate the premises and disturbing the peace.
The security guard at the apartment complex said, “These people cause great noise disturbance and refuse to leave when requested.” He went on to express his dissatisfaction with the lukewarm response of the police, saying that this is a recurring issue, despite numerous complaints and reports made to the police by residents.
◆Police: "We're investigating and will not delay in addressing this case”
An official from Uiwang Police Station, which is responsible for managing the case, said, “We are currently investigating this case and securing CCTV footage. We are moving forward as normal and this investigation is ongoing. We will not delay in addressing this case."
Another official from Cheonggye Police Station in Uiwang, who was called to the scene after receiving a report, said, "We have taken sanctions at the police station and will strengthen our patrol unit so that this does not happen again. The police will work hard to prevent this from happening.”
This last response seems to indicate that the police will take follow-up measures once another report is received in relation to a future protest, which raises the concern of harm coming in the near future.
A legal expert said that the behaviour of the National Association of the Victims of Shincheonji constitutes the crime of 'trespass' and 'non-compliance' to leave when requested to do so.
Sang-gyeom Kim, a professor of law at Dongguk University, said in a phone call with Cheonji Ilbo, "If a third party enters the common space of an apartment building without consent - and there are apartment housing management regulations that prohibit this - then a crime of trespassing can be established. If the manager requests the individual to 'leave the premises' but the person in question refuses to do so and stays, this constitutes the crime of 'non-compliance'."
According to Article 319 (1) and (2) of the Criminal Act in Korea, the crime of trespass and non-compliance includes acts of breaking into one's residence, guarded building, structure, ship or occupied room, or failure to comply with an order to vacate the residence, and carries a penalty of a maximum of three-years' imprisonment or a maximum fine of 5,000,000 Korean Won (c.£3000).
Professor Kim said that the act of 'ding-dong ditch' (ringing one's doorbell and running off) also constitutes a crime: “The act of repeatedly pressing a resident's doorbell, and running off, is also punishable by law because it causes disturbance to another person's peace." He added, "In order for the law to take effect, wilful intent must be proven".
He continued, "In some cases, this can constitute an 'assault'. When we say assault, we typically think of physical violence with one's own hands, but any act that inflicts emotional or psychological harm can also be classified as an assault.”
In fact, there are cases where legal punishment has been implemented. In June 2019, Seongbuk Police Station in Seoul charged 11 teenagers with assault for having engaged in 'ding-dong ditch', thereby receiving a sentence.
They were accused of ringing the doorbell in an apartment in Seongbuk district late at night and running off, and damaging the entrance to the apartment in the process. At that time, a police official stressed, "The act of ringing the bell late at night or early in the morning and running away can instil residents with a sense of anxiety and fear."
◆Supreme Court precedent: "It is possible to establish the crime of 'trespass' on a property"
These are not the only problems of protests carried out by the National Association of the Victims of Shincheonji. Experts explain that their actions can also fall under the crime of 'trespass' on buildings, and 'obstruction of the exercise of one's rights' when an act of break-in or non-compliance comes into play. Properties can include homes and their surrounding lands.
According to a precedent set by the Supreme Court, the offence of trespass on properties can be established when entering a building against the will of the building manager, since the building requires protection and has legal interest. Even if the person is normally allowed to enter the building due to a good relationship with the resident or manager of the building, if entering the building is carried out despite the express or presumed intention of the occupant or manager, the offence of 'trespass' can still be established.
Regarding this, Professor Kim said, "Even if the public space is accessible to all, a protest that disturbs the peaceful life of others in a place where many people live is a violation of the residents' right to carry out a peaceful life. Obstruction in a car park is liable to punishment. This falls under the Criminal Act and can be punishable by law.”
According to Article 323 (Obstructing Another from Exercising One's Right) of the Criminal Act, a person who obstructs another from exercising his or her rights by carrying away, concealing, destroying or damaging his or her property or electronic records etc., is liable to a fine of not more than 7 million Korean Won (c.£4300).
◆Residents and store owners complain of long-term noise disturbance caused by protests
As a result of the coverage, members of the National Association of the Victims of Shincheonji have been sued for various charges including insult, assault and violation of the Infectious Disease Control and Prevention Act since November 2020.
Min-ji Kim (pseudonym, 20s), who lives on the 10th floor of an apartment where the protest has been ongoing, said, “The protest is very loud; I can hear it clearly, even when I'm at home.
Jin-seok Hwang (pseudonym), who runs a mart in a shopping mall near the apartment, also complained, “I can’t live there because it’s noisy all the time."
In fact, whenever there is a protest, there is noise disturbance both inside and outside the apartment, and it is only natural for residents to feel burdened for the duration of the protest. In particular, there has been serious damage caused to residents who want to rest.
Jin-seok Hwang (pseudonym), who runs a mart in a shopping mall near the apartment, also complained, “I can’t live there because it’s noisy all the time."
In fact, whenever there is a protest, there is noise disturbance both inside and outside the apartment, and it is only natural for residents to feel burdened for the duration of the protest. In particular, there has been serious damage caused to residents who want to rest.
When asked about the protests, other residents have said, "These protests are too loud. They cause so much disturbance. We want to move out."
Source: http://www.newscj.com/news/articleView.html?idxno=883001
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