1. Case Overview
An incident occurred in which a customer collapsed while using a particular business establishment and was transported to a hospital. Subsequently, the customer alleged the possibility of carbon monoxide poisoning and filed a civil complaint with an administrative agency, and as a result the business establishment became the subject of an administrative investigation. In this situation, the operator of the business establishment commissioned Insight Law Firm to handle the legal response.
2. Key Issues and Response
The core issues of this case were whether the business establishment had legitimate authority to restrict the customer's entry, and what legal measures the business establishment could take if the customer continued to enter.
After reviewing the relevant statutes and precedents, Insight Law Firm confirmed that the business establishment could restrict the entry of a particular customer on the grounds of its right to do business and for safety reasons. In particular, citing the Seoul High Court Judgment of April 17, 2015, Case No. 2014Na43344, as a basis, we emphasized that the business establishment's measure was legitimate, and we drafted and sent a certified content-proof letter officially notifying the customer of the entry restriction.
In addition, by clearly notifying that, should the customer continue to attempt to enter the business establishment, this could constitute the crime of trespass on a structure and the crime of obstruction of business, we took measures to block legal disputes in advance.
3. Result and Significance
After the certified content-proof letter was sent, the problem was able to be resolved amicably without further legal disputes. This is evaluated as a case in which Insight Law Firm effectively protected the rights of the business establishment by providing prompt and accurate legal advice.