The Supreme Court of South Korea ruled that the deletion of subcontracting-related data by Hyundai Heavy Industries employees does not constitute evidence destruction, framing it as an exercise of their rights to defend themselves.
Hyundai Heavy Industries recently came under scrutiny when it was revealed that its employees deleted subcontracting-related documents just before an investigation by the Fair Trade Commission (FTC). This act led to legal proceedings against key members of the company's support team for potential evidence destruction. The Supreme Court adjudicated that this act did not qualify as evidence destruction since it was a response to a situation where the individuals could face penalties for their involvement in the case.
The Supreme Court's decision overturned a previous conviction by the lower courts, which had found certain individuals guilty of attempting to destroy evidence. The case originated from accusations of violating subcontracting laws during a FTC investigation. The FTC had already imposed fines on Hyundai Heavy Industries for these violations and considered the deletion of files as a deliberate obstruction of their inquiry. Civil society organizations had actively sought legal action against the company for these suspicious activities.
In a significant legal interpretation, the Supreme Court concluded that the act of deleting the documents was an exercise of the defendants' rights to protect themselves from potential criminal implications. This judgment raises questions regarding the boundaries of legal defenses in corporate settings, particularly in cases dealing with possible misconduct, as it sets a precedent where actions perceived as obstruction could be framed as legitimate defensive tactics by individuals facing possible repercussions.
