Regulations on penalties for unauthorized posting of flyers
Attaching illegal advertisements (flyers) to the front door of an apartment building without the landlord’s consent is basically a violation of the Misdemeanor Punishment Act, and a fine of 50,000 won is imposed.
■ Misdemeanor Punishment Act Article 3 Paragraph 1 Subparagraph 9 (unauthorized attachment of advertisements, etc.)
– A person who recklessly attaches, hangs, inserts, writes, draws, or engraves advertisements, etc. on other people’s or groups’ houses, other man-made structures, cars, etc., or illegally posts advertisements in public places if sprayed
In the category of unauthorized distribution of illegal outdoor advertisements, in addition to attaching them to the front door of a house as above, ‘the act of inserting or pasting on a parked vehicle’, ‘the act of distributing to an unspecified number of passers-by’, ‘advertisements on the street’ The act of scattering ‘,’ the act of attaching flyers to telephone poles or walls’, etc. are all included.
[Appendix] Offense and amount of offense (related to Article 2) (Enforcement Decree of the Minor Crime Punishment Act).hwp 불법 전단지 신고
0.11MB
If you are punished for this, you cannot avoid punishment just because you are a simple part-time job (part-time job) student because the target of punishment is the person who distributes flyers directly. 좋은뉴스
Penalties related to leaflet production
On the other hand, those who produce illegal outdoor advertisements (flyers) and hire part-time workers to distribute them will also be punished in accordance with the Outdoor Advertisements Act if they violate the following:
■ Outdoor Advertisements Act Article 5 (Prohibited Advertisements, etc.) Paragraph 2
– No one shall display (including production in the case of subparagraphs 2 and 3) any of the following in advertisements: <Amended 2016.1.6>
1. Justifying criminal acts or expressing cruelty
2. Items that may harm public morals with obscene or decadent content
3. Items that may interfere with the protection and guidance of juveniles;
4. Advertisements of the gambling industry in accordance with Article 2, Subparagraphs 1 (d) through (f) of the 「Gaming Industry Integration Supervisory Commission Act」, which instigate the spirit of gambling.
5. Content that is racially discriminatory or sexist and may violate human rights
6. Other advertisements prohibited by other laws and regulations
A company producing advertisements with the above contents will have its permission revoked (Outdoor Advertisements Act Article 13), and advertisements that may harm public morals with obscene or decadent contents in violation of subparagraph 2 In case of production, imprisonment for up to 2 years or a fine of up to 20 million won will be imposed. (Article 17-3 of the Outdoor Advertisement Act)
Outdoor Advertising Act – Enforcement Decree – Attached Table 8 – Fines – Individual standards
Enforcement Decree of the Outdoor Advertising Act [Appendix 8]
In addition, if an advertisement that is likely to interfere with the protection and guidance of juveniles in violation of subparagraph 3 is produced, a fine of up to 5 million won is imposed according to the data standard in the table above.
[Appendix 8] Criteria for imposing fines for negligence (related to Article 55) (Enforcement Decree of the Act on the Management of Outdoor Advertisements, etc. and Promotion of the Outdoor Advertising Industry).hwp
0.12MB
Penal provisions related to other leaflets
Even though there is a common entrance with a password set at the entrance of the apartment, trespassing and distributing flyers without permission can constitute a home invasion. This is because, in the Supreme Court precedent, a person entering against the will of a resident is considered the subject of a dwelling intrusion in a place where co-residents monitor or manage, such as stairs and corridors shared by everyone in an apartment or apartment house.
■ Article 319 of the Criminal Act (Residency in Trespassing and Eviction) ① A person who trespasses into a person’s dwelling, managed building, ship or aircraft, or occupied room shall be punished by imprisonment for not more than 3 years or a fine of not more than 5 million Won. <Amended 1995. 12. 29.>
② A person who fails to comply with a request to leave the place of the preceding paragraph shall be sentenced to the same punishment as in the preceding paragraph.
Some of you may be wondering whether it can be considered property damage if there are scratches or marks in the process of attaching flyers to front doors or mailboxes and tearing them off. If, when attaching an advertisement, an extremely strong adhesive is used so that the attachment does not come off, or even if it is removed, the scratches must remain clear in order to be charged with property damage. Since it is usually attached lightly with scotch tape, it is normal to see that it is difficult to cause property damage caused by attaching flyers as in the example.
■ Article 366 of the Penal Code (Destruction of property, etc.)
– A person who destroys or conceals another person’s property, documents, or special media records, such as electronic records, or damages their utility by other means, is punished by imprisonment for not more than three years or a fine of not more than 7 million won.
If you find someone attaching illegal flyers without permission, you can report it to the police (112) or fire department (119) and take action to receive notification. Alternatively, you can also apply online through the ‘Report on Life Discomfort’ on the People’s Sinmungo or Safety Sinmungo.