When you may need advice
- I raised my voice and pushed furniture at a bar, and I was reported for obstruction of business
- I left a bad review on a delivery app, and the owner says they will sue me for obstruction of business
- I protested in front of the office during a dispute with my company, and I was sued
- A customer caused a scene in my shop for hours and I could not do business
- A competitor spread false rumors and I lost my clients
Relevant laws
Criminal Act (형법) Article 314 (Obstruction of Business)
Interfering with a person's business by spreading false facts, by deception or by force is punishable by up to 5 years in prison or a fine of up to KRW 15 million. The same applies to interfering with business by entering false information or improper commands into a computer or other information processing device (paragraph 2).
Criminal Act Article 313 (Damage to Credit)
Damaging a person's credit by spreading false facts or by deception is punishable by up to 5 years in prison or a fine of up to KRW 15 million.
Minor Offenses Act (경범죄 처벌법) Article 3(2), Item 3 (Obstruction of Business)
Interfering with the business of another person, an organization or a public official on duty through mischief or similar conduct is punishable by a fine of up to KRW 200,000, short-term detention or a petty fine.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
We first look at which of the three methods is at issue
Force means power sufficient to suppress a person's free will, and conduct such as shouting and swearing, breaking furniture or blocking the entrance can fall under it. Deception means misleading the other party or taking advantage of a mistake, and spreading false facts means circulating false information.
The points to dispute differ depending on the method. You need to break it down specifically: whether an argument or protest went far enough to be considered force, and whether the content of a review was false.
The protected business only needs to be work you carry on as part of your job or social life, and it can qualify even without formalities such as a business license. On the other hand, interfering with a public official's duties is judged separately as obstruction of the performance of official duties, not obstruction of business.
For reviews and star ratings, whether the content is true is the dividing line
A review describing what you actually experienced as a customer is unlikely to be obstruction of business even if the wording is harsh. The problem cases are reviews written without using the service, content that differs from the facts, and star-rating campaigns using multiple accounts.
Even if you wrote the truth, excessive wording can separately raise defamation or insult. Do not delete your order history, photos or conversations with the owner; keep them.
You can be punished even after a settlement
Obstruction of business is not a crime that cannot be prosecuted against the victim's wishes, so the case does not end automatically even if the victim does not want punishment. However, compensation and a statement of no wish to punish weigh heavily when deciding on a suspension of indictment (기소유예) or the level of a fine.
If the scene happened while drinking, obstruction of business is often combined with property damage and assault. We respond to each charge separately, based on the facts it rests on.
Factors that affect the outcome and sentence
Factors that work against you
- · Repeatedly stopping the business for a long time
- · Breaking furniture or assaulting staff as well
- · Posting false reviews in an organized way with multiple accounts
- · Ignoring warnings or requests to leave
Factors that work in your favor
- · A brief, unplanned disturbance
- · A review based on your actual experience
- · Compensation for the harm and a statement of no wish to punish
- · No prior record
How our Criminal Law Center handles your case
- 1
Consultation with the managing partner
We confirm which acts are alleged to be force or deception, and separate what to dispute from what to admit.
- 2
Secure footage and records
We guide you to secure materials that disappear easily first, such as shop CCTV, the original review and order history.
- 3
Prepare for and attend questioning
We put your actions at the time in time order, rehearse with you, and attend the questioning with you.
- 4
Legal opinion and compensation
We set out in a written opinion that your conduct did not amount to obstruction of business, or the progress of compensation for the harm.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
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Frequently asked questions
Is it obstruction of business even if the shop's sales did not fall?
Court precedent holds that obstruction of business can be established if a risk of interfering with the business arose, even without an actual drop in sales. However, the fact that the interference was minor is reflected in the outcome.
Is filing several complaints with the district office obstruction of business?
Filing a legitimate complaint is not obstruction of business. However, repeating the same complaint excessively, or mixing in false facts to the point of paralyzing the other party's work, can be a problem, so both the content and the number of complaints are examined.
How is the minor offense of obstruction different from obstruction of business under the Criminal Act?
Interfering with business at the level of mischief is handled under the Minor Offenses Act, with a fine of up to KRW 200,000 or similar. Using false facts, deception or force falls under Criminal Act Article 314, with up to 5 years in prison. Which law applies makes a big difference to the outcome.