In the dead of winter, in the heart of a city, one homeless man shivering with cold begged for money from people passing by. Without warning, he was placed under arrest. Strangely enough, this could happen anywhere in Korea starting from now on.
The Minor Offenses Act passed last February can be used to issue fines of up to ten thousand won or to place in police custody anyone who is charged with begging in public places or bothering or obstructing the passage of others.

The Constitution of the Republic of Korea, Article 34 sets forth the fundamental right to live. Hence the country is obliged to protect the homeless as well as beggars. However, by treating the homeless and beggars’ will to live as a crime, this Act contradicts the fundamental right to live. Without having solved the significant and longstanding problem that these people in need face, the government is trying to exercise legal force on them based on a capitalistic point of view.

In fact, this Act reflects our country’s public opinion. Most Koreans may approve of the law since they would gladly avoid being hassled by beggars. The next example clearly shows this is not a false assumption. Park Won-Soon, the current Mayor of Seoul, was planning to build a homeless shelter. However, he faced ever-growing domestic opposition as many people wrote on SNS and portal sites to contest his policy.

Both the government, as it attempts to exercise authority over the homeless and beggars, and citizens, who shape public opinion, should carefully consider the deeper implications of the Minor Offenses Act.

Lee Hyun-Jae(Senior, School of Law)

jaesarea@naver.com

Translated by Kim Ji-Su