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Choco Pie theft case stirs debate over workplace discipline and law

Published: 21 Sep. 2025, 15:14 Updated: 23 Sep. 2025, 14:15

Choco pie [JOONGANG ILBO]

Beloved Korean snacks Choco Pie and Custard ― worth just 1,050 won (about 75 cents) together ― are at the center of a contentious legal battle that has drawn comparisons to "Les Misérables" (1862) and raised questions about the limits of workplace discipline, the scope of theft laws and the influence of labor disputes in Korea.

The case began on Jan. 18, 2024, when a 41-year-old subcontracted security worker took a packet of Choco Pie and Custard from a refrigerator inside the main office of a logistics company in Wanju County, North Jeolla, at around 4 a.m. The company reported him to the police for theft despite the negligible value of the snacks.

The worker claimed they had eaten the snacks because they were hungry during their overnight patrols, adding that delivery drivers had told them it was common practice to help themselves to food in the refrigerator. The company rejected compensation and insisted on pursuing criminal charges. Police charged the worker with theft and sent the case to prosecutors. The prosecution, considering the small value of the items, gave a summary procedure and requested a 500,000-won fine. The worker, fearing both the stigma of conviction and potential dismissal from the company, requested a full trial to contest the charge.

In May this year, the Jeonju District Court found the worker guilty and imposed a 50,000-won fine. The court ruled that the worker should have known that they lacked the authority to access the refrigerator, that established practice could not substitute for explicit permission and that they also had a prior theft conviction. The judge emphasized that the refrigerator was located inside the office space, separate from drivers’ waiting areas, and typically required permission from employees to access.

The worker appealed. At the first hearing on Thursday, the judge remarked that “At the core, this is about a Choco Pie worth 450 won and a Custard worth 600 won. It makes one wonder whether it had to go this far.” Still, the judge said the appeal court would review whether theft under the law was properly established.

Customers look at choco pie products displayed at a supermarket in Seoul on Feb. 27. [YONHAP]

The worker's lawyer argued that the refrigerator was located in a public office area near a water dispenser and that they entered without hesitation, as shown in closed-circuit television footage.

"The snacks were customarily treated as communal," the worker's attorney said during the trial. "Do people have to ask permission every time they eat a snack or drink what's being provided in an open space? Had [the worker] really intended to steal, they would have taken the whole box, not just one or two packs. This just goes to prove that they had no intention to steal."

The attorney also suggested that the complaint was tied to workplace conflict, noting the worker's involvement in union activities and history of clashing with management over subcontracting and bonus disparities.

Union representatives also raised suspicions, pointing out that while other people appeared in the CCTV footage, the worker in question was the only one reported. The union argued that the complaint may have been aimed at undermining their union activities.

The Jeonju District Court in North Jeolla [KIM JUN-HEE]

The appellate court accepted two defense witnesses and identified key issues to be examined: whether the office refrigerator was an open space accessible to the worker, whether a workplace practice existed that allowed drivers to take snacks and whether the worker had the intent necessary to constitute theft. The next hearing is scheduled for Oct. 30. To date, the worker has reportedly spent over 10 million won in legal fees — more than 10,000 times the value of the snacks at issue.

The case has sparked public outrage and debate. Critics argue the matter could have been resolved with a warning, describing the prosecution as heavy-handed and likening the worker to a “modern-day Jean Valjean,” who was imprisoned for 19 years for stealing bread in Victor Hugo’s "Les Misérables." Online commentary has included remarks such as, “It’s harsh to drag this to court,” and “The law is merciless to the weak but lenient to the powerful.” Others, however, sided with the company, saying that taking food without permission was unacceptable and pointing to Ahn’s prior conviction.

The case continues to raise broader questions about proportionality in criminal law, workplace fairness and whether minor misconduct should be treated as a matter of crime or internal discipline. The final judgment remains uncertain, but the controversy has already left a bitter aftertaste over how far the justice system should go in policing the boundaries of everyday life.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY KIM JUN-HEE [[email protected]]