Court overturns conviction in 'Choco Pie theft' case

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A security guard who was prosecuted for eating snacks worth less than a dollar at a logistics company in Wanju, North Jeolla Province, has been acquitted on appeal, overturning a conviction that had threatened his job and livelihood.

The Jeonju District Court on Thursday reversed a lower court ruling that fined the 41-year-old guard 50,000 won for theft, declaring him not guilty.

“The defendant cannot be deemed to have had intent to steal, given that he had been told he was free to eat snacks stored in the refrigerator,” the court said, accepting the defense’s argument.

The defendant was indicted for taking a Choco Pie, a popular Korean snack, priced at 450 won and a custard bread worth 600 won — a total of 1,050 won ($0.74) — from the company refrigerator on Jan. 18, 2024.

The employer reported the incident to the police as theft, and the first-instance court convicted the security guard.

Prosecutors asked the appeals court to issue a suspended sentence, but the defendant maintained his innocence throughout the proceedings. His attorney argued that employees routinely ate snacks at work and that the defendant had no criminal intent, calling the initial punishment “excessively harsh.”

Under South Korea’s Security Services Act, a confirmed theft conviction would bar the guard from continuing work in the industry, leaving him without a job.

Labor groups condemned the case as an example of disproportionate punishment against subcontracted workers, saying it highlighted how a worker was branded a criminal over snacks commonly shared in the workplace and worth barely a thousand won.