Man who urinated on car door not charged with property damage

South Korean police have decided not to press charges against a 50-year-old man who urinated on a woman's car door while heavily intoxicated, ruling that his actions did not meet the legal definition of property damage.

The incident occurred in April when the man, identified as A, twice urinated on the car door of a 40-year-old woman parked in an apartment complex in Gwangju's Buk-gu district. The woman filed a report seeking charges for property damage.

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The infringement of the utility of property was not recognized, and the crime of property damage was not established.

However, police concluded that A's actions did not fulfill the requirements for property damage under Article 366 of the Criminal Act. This article defines property damage as the destruction or obstruction of the utility of another person's property. Police stated that the urine was a contaminant that could be removed through cleaning and did not impair the car's original function or usability. They found no intent to damage the property or other criminal circumstances.

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Police are reviewing whether to apply the Public Offenses and Minor Misdemeanors Act for public urination.

Legal precedent supports this interpretation. In a 2022 case, the Supreme Court upheld a lower court's acquittal of a defendant accused of property damage for unauthorized use of another's land, ruling that mere use or obstruction of use does not constitute damage to the land's utility.

Despite the dismissal of the property damage charge, police are still considering whether A's behavior constitutes public indecency under the Minor Offenses Act. A police official noted that the applicability of this law can depend on the location where the act occurred and that further investigation is needed to determine if charges will be filed.

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The applicability of public urination under the Minor Offenses Act can also vary depending on the nature of the place where the act occurred.