Calls grow to ease minor crime prosecutions

A woman in her 60s receiving basic livelihood support was caught stealing sausages from a Seoul supermarket last November. She told police she could not afford them, even though her granddaughter, with whom she lives, wanted to eat them. The amount was trivial, and the store owner reportedly did not wish to press charges.

The case was recently referred to a minor offenses review committee at a local police station and resolved with a summary ruling and a small fine, sparing her a formal criminal record. Such referrals are increasing. In January alone, 580 cases were sent for review, about 70% more than a year earlier.

The rise is widely linked to last year’s so-called “Choco Pie case.” A security guard at a logistics company was prosecuted for taking snacks worth 1,050 won from a company refrigerator and was fined 50,000 won at trial. Although he was later acquitted on appeal, the case became a symbol of what critics describe as the mechanical application of the law by police and prosecutors.

There are valid concerns about going too far in the other direction. Treating minor offenses too leniently could weaken respect for the law, and safeguards are needed to prevent repeat offenders from exploiting discretion. Yet it is equally troubling when the state brands ordinary people as criminals and drags them through the courts over minor lapses.

Forcing someone to endure nearly two years of investigation and trial over snacks worth about 1,000 won defies common sense. The appellate judge who overturned the Choco Pie conviction captured this unease, asking, “Must it go this far in such a harsh world.”

Other countries offer a more balanced approach. In Japan and United Kingdom, minor offenses are often resolved through mediation, with apologies and compensation used to settle disputes while limiting state intervention. The aim is to avoid unnecessary criminal records and prevent investigative resources from being consumed by petty cases.

South Korea should make fuller use of mechanisms such as minor offenses review committees. Prosecutors should also expand the use of suspended indictments to reduce unnecessary courtroom battles. The law should remain a last resort. In a mature legal system, matters of common sense should be resolved with common sense.