'4 compartments' parking villains, land grabs, transportation lawyer "Strict crime, criminal punishment possible"

YTN Radio (FM 94.5) [YTN News FM Wise Radio Life]

□ Broadcast date and time: January 13, 2025 (Monday)
□ Host: Announcer Park Gui-bin
□ Castor: Jeong Kyeong-il, a transportation lawyer

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◆ Announcer Park Gui-bin (hereinafter referred to as Park Gui-bin): A picture of a car taking up four seats in an underground parking lot of an apartment was posted. The so-called "parking villain" story is becoming a hot topic, and if you look at the released picture, A car parked four cars horizontally in a light vehicle parking area. In addition to so-called street parking, street parking and double parking are so-called parking villains that are common in our daily lives. Is there any way to take legal action? I'll talk to an expert. I'm calling Jung Kyung-il, a transportation lawyer. Hello, lawyer.

◇ Jeong Kyeong-il, a transportation lawyer (hereinafter referred to as Jeong Kyeong-il): Yes, hello.

◆ Park Gui-bin: Have you ever experienced a parking villain yourself like this?

◇ Jung Kyung-il: That's right. Usually, when you drive out of Seoul, the most important thing is where to park. That's why there are many cases where you can't drag a car out, but it can be thought of as a part that anyone can suffer from.

◆ Park Gwi-bin: Looking at the photo released this time. I parked in a light vehicle parking area in the apartment by taking up 4 spaces horizontally. I think this can be punished. What do you think?

◇ Jeong Kyung-il: Usually, illegal parking on the road is subject to fines and fines. The police can't do anything about private land. There are cases where you park like this with that in mind. Of course not. Even if there is a space to park, if you park these 4 spaces, you may think what's the problem with 4 spaces or 5 spaces because there is a lot of space, but that's not the case. When it comes to parking, there is a separate parking management company that manages parking. It is a crime of obstruction of business under the criminal law because it interferes with this parking management work. Also, parking like this is usually parked in the parking lot passage. If you park in the parking passage because there is no space to park, you may be subject to general traffic obstruction if you block the passage of an unspecified number of people or vehicles. Also, the passage was blocked, preventing other vehicles from using it. If this happens, it could be a crime of damage. Furthermore, if someone else from outside came and secretly parked, it could be a crime of home invasion.

◆ Park Gui-bin: Criminal punishment is also possible, right?

◇ Jung Kyung-il: Yes, it's a serious criminal act.

◆ Park Gui-bin: Then you know the car that parked four spaces horizontally. Who should be the subject of the report? Is this how the parking management company works?

◇ Jeong Kyeong-il: I have so far been a criminal offence. I told you that it is a crime of obstruction of business, a crime of intrusion into a house, a crime of damage, and a crime of obstruction of general traffic. Then who is the subject? Usually, in the case of obstruction of business, a representative meeting of residents of a parking management company who is in charge of parking management can sue as a victim. In addition, in the case of general traffic obstruction and damage, it can be said to be a vehicle owner who is not allowed to pass. In the case of a home invasion, all residents can sue. However, the victim can file such a complaint, but if the victim is in a bad situation, the person passing by can file a complaint even if they can't. Anyone can do it. If it is not possible, a third party can also file a complaint, so if the tenant does not actively participate in the tenant representative meeting, the tenant can file a complaint himself or herself.

◆ Park Gui-bin: I see. Looking at the picture this time, the parking area was for compact vehicles only. But the car parked on that street wasn't even a compact car. Could this also be a legal issue?

◇ Jeong Kyung-il: Yes, in fact, even if you violate this part, you are not subject to any criminal punishment or fine. For comparison, in disabled parking areas, a fine of 100,000 won is subject to the fine, but in light vehicle parking areas, such fines or fines are not imposed. It's not like I can do it freely. As I told you earlier, if it's set up as a light vehicle parking area, drivers should follow that. Violation of this is severe because it is considered to have interfered with parking management work? You will be criminally punished for obstruction of business. Also, even if it's not too bad, if you do this, you'll be criticized.

◆ Yes, that's right. They get criticized. We often call it a nuisance. For example, if you park in an area where you need to park and there's no place to park, you get very upset and angry, right?

◇ Jung Kyung-il: That's right.

◆ And looking at another story, I kept stepping on this parking line and parking, and the car next to me talked to the car several times, but it didn't work, so we kind of stepped on the lane and stopped. If I do this as if I'm getting revenge just because I'm angry, can I get another legal problem?

◇ Jung Kyung-il: There could be problems. I understand all the stories behind this behavior. As you may know if you've driven before, there's a lot of parking if you leave work early. But if I leave work late because it's not easy, I'm worried that I won't be able to park today. In addition, when parking, there are cases where you park your car on the opposite side of the car when the driver's seat should be good to ride and it should be wide.

◆ Park Gui Bin: That's right.

◇ Jung Kyung-il: Then it's hard to get in the driver's seat on the other side, so this emotional goal can happen. Did you step on the line because of this? You can't make a problem with stepping on it, so I'll put it on the line, too. In the end, even in this story, I parked my car so much that I couldn't move it with what I stepped on. Everyone knows that if you damage a car with a hammer, you'll be guilty of damage. However, in addition to such cases, the crime of damage under the criminal law is not only a direct physical damage but also a crime of damage if it violates the utility of another person's property. That's why I didn't let the car move. Because it violates the utility of other property, it is subject to criminal punishment for damage. Of course, this part actually ends well, but I couldn't, so I even reported to the media. It may be a part that can be reported to the police, but I think the answer is to resolve it smoothly rather than reporting it.

◆ [Park Gwibin] That's right. It would be great if we could solve it smoothly, but sometimes we don't, so we seem to go emotional with each other. The article came out all the way to the car parked on the street this time, and of course, it's because I'm angry when I read the comments, but when I block it back and forth, there are comments like this that prevent it from going out. Of course, they won't do that.
◇ Jung Kyung-il: That's a problem again.

◆ [Park Gwibin] That's right. It's a problem. That's how I feel, so the most common thing in parking lots is that there are a lot of conflicts because of these problems. Don't most apartments allow double parking like villas and apartments? Is there such a standard?

◇ Jeong Kyung-il: In fact, if you don't have enough parking space, you have to do a lot of double parking and that's allowed. Usually, double parking is often allowed at the apartment management office level in apartments with narrow parking spaces. If these parts are accepted by each other, double parking is not a legal problem. In the case of roads, even if they allow each other, it is a problem of violating the Road Traffic Act. Of course, but parking lots are private property, not roads under the Road Traffic Act, so it is not a problem of violating the Road Traffic Act. The form can be regarded as illegal parking, but the substance corresponds to legal parking. There is no set standard, but according to the parking management company or tenant's representative meeting, which is in charge of parking management of the apartment.

◆ Park Gui-bin: Well, since this parking problem is getting serious, you said earlier that criminal punishment is possible. Have you ever been sentenced to a real fine or even a prison sentence?

◇ Jung Kyung-il: Yes, most of them send them back to the police so that they can solve these things smoothly. As a result, problems continue to arise and even the media reports like this, but if I were to tell you a few things, in 2018, this resident parked the underground parking lot driveway of the apartment building for 7 hours because he was dissatisfied with the parking ticket posted on his car. In the end, the case was filed criminally, but obstruction of business and obstruction of general traffic were problematic, but the defendant agreed with the tenant's representative and the manager of the management office. Even though he agreed that he did not want punishment, he was sentenced to two years in prison in June. In June 2023, there was also an incident in which the entrance to the Incheon shopping mall parking lot was blocked for a week. In this case, the court sentenced him to two years in prison in October, but in fact, the sentence itself is weak, so it seems that this problem continues to arise.

◆ Park Gwi-bin: There are a lot of text questions. The listener said, "When the holiday approaches, parking on the shoulder near the market is no joke. In that case, the cars coming and going are suffering. You can't even park on the side of the road, right? ’ That's what they said.

◇ Jung Kyung-il: Yes, of course not. In the case of roads, parking and stopping are prohibited, so of course, fines are subject to fines. However, it's not a problem if we can tolerate each other to do it briefly on the side of a delivery vehicle or a holiday, but if this is considered strictly, it is an illegal parking lot and a fine will be imposed.

◆ Park Gui-bin: Yes, another listener said, "There's no parking space, but if you turn around like this, the seats for electric cars are empty. Is it illegal for a non-electric car to park in the seat of an electric car? ’ That's what she said.

◇ Jeong Kyung-il: In fact, electric cars are also problematic because there is also a part where electric cars are charged. In the case of other parking, if it's not here, you can do it somewhere else, but in the case of electric cars, charging has the same problem, so the obstruction of business is more serious.

◆ Park Gui-bin: You can't park in the seat of an electric car. Another listener wrote, 'I'm not parking related, can I punish the door lock? ’ That's what you said.

◇ Jung Kyung-il: Yes, even in the case of Mungok, there were no punishment regulations before. It's usually called a hit-and-run. In the case of a hit-and-run, it should be enough to interfere with the traffic of the car. Criminal punishment is imposed on the crime of accident after accident for a hit-and-run, but it is called a brief scratch while opening and closing the door while parking the car. In that case, there was no punishment regulation, but this was made by the revision of the Road Traffic Act in 2017. No one was hurt when they damaged these parked cars. Even so, it is subject to a 120,000 won fine for passenger cars.

◆ Park Gui-bin: The listener said, 'I cursed a lot about parking villains in four compartments. I reflect on the story of the parking spot of the compact car. It's hard to resist temptation when you're circling around for a long time because there's no room. It's hard to resist the temptation. What should I do? ’ That's what they're saying.

◇ Jung Kyung-il: But you have to turn.

◆ Park Guivin: Resist the temptation and keep turning around and looking for another seat?

◇ Jung Kyung-il: They usually say they wait. It's one thing to wait in line and go around. After all, in the case of compact cars, parking is criminalized for obstruction of business if it is severe, and even if it is not, it is an act that raises other people's eyebrows.

◆ [Park Gwibin] Yes, that's right. So, it's not possible to park a car, not a compact car, in the seat of a compact car, and as I said earlier, of course you shouldn't park in an electric car, and of course you shouldn't park in a parking area for the disabled. That's a fine for now. I understand that institutional alternatives were also discussed at the last National Assembly to prevent parking lot villains, but I hope there will be a way to prevent this from happening at the institutional level. What kind of solution do you think you need, lawyer?

◇ Jung Kyung-il: Actually, more than the system, everyone knows. It's the most important thing to make sure that people who do bad things like this don't do it. Of course, the victims must have talked about this behavior, reported to the police, and reported it to the district office, but it couldn't be resolved, so they would have reported it like this. Usually, most people who do it are fined even if they are punished, so some people are prepared for fines. Actually, there's no answer. In order to prevent these people, strong punishment must be imposed first. In addition, if this punishment is known enough to be known to anyone, this part can be prevented first. Also, if you do this, if you reported it to the police and the district office, the police and the district office often do not respond to this because it is a legal problem for damage, even if there are no specific regulations. Civil law and criminal law have self-defense regulations. If the police and district offices actively take action in accordance with this self-defense regulation, this will be resolved a lot. And one more thing I'll tell you is actually a problem caused by the lack of parking space, but numerically, the standard for calculating the number of parking in apartment houses such as domestic apartments in Korea was established in 1996. Since then, the number of vehicle registrations has increased by about three times. Then it's three times higher than the standard. It's bound to be insufficient. The government should also quickly come up with a system to prepare this parking space.

◆ Park Gui Bin: Okay. I was Jung Kyung-il, a transportation lawyer. Thank you, lawyer.

◇ Jung Kyung-il: Yes, thank you.