After getting off the subway on the way to work, a passenger looked at their clothes and found the outer shell of their padded jacket torn open in a long line, with white filling spilling out. The knit sweater worn underneath also had a hole in it. News1 reported on the 29th that a passenger who had ridden Seoul Subway Line 5 posted such photos on social media.
The writer said that at first they thought the jacket had caught on something, but judging from the state of the clothes, it seemed someone had slashed it with a sharp object as they passed. They voiced their fear, asking what might have happened if it had been their body rather than their clothes during the crowded rush hour, and asked whether the CCTV could be checked if they reported it to the police. Comments followed from people who said they had experienced something similar. One person recounted that the back of a fur coat handed down to them had been torn in a long line as if slashed with a box cutter. According to the article, however, it has not yet been established how this passenger's clothes were damaged, or whether someone cut them deliberately or they caught on another object.
Since the circumstances have not been confirmed, no particular person can be blamed. Still, it is worth knowing in advance what liability a person bears for deliberately slashing someone else's clothes, and what a victim should do first.
1. What Crime Is Slashing Someone's Clothes?
A. The basic offense is property damage
Article 366 of the Criminal Act punishes a person who damages another's property or otherwise impairs its utility by imprisonment for not more than three years or a fine not exceeding 7 million won. Clothes being worn are, of course, another person's property. If the outer shell was torn so that the filling came out, the garment has been rendered unable to function as clothing, so this constitutes damage. The fact that the amount of loss is small may be taken into account in sentencing, but it does not prevent the crime from being established.
B. If done with a knife, it is special property damage
If a bladed tool such as a knife or box cutter was used, the charge changes. Article 369(1) of the Criminal Act punishes a person who commits property damage while carrying a dangerous object by imprisonment for not more than five years or a fine not exceeding 10 million won. Not only does the maximum statutory penalty rise, but the statute of limitations for prosecution also becomes longer. Under Article 249(1) of the Criminal Procedure Act, it is five years for simple property damage and seven years for special property damage. Swinging a sharp object in a packed train is in itself an act that endangers nearby passengers, so it is unlikely to be treated lightly in investigation or at trial.
2. Courts Read "Impairing Utility" Broadly
A. The Supreme Court's view
When people hear "damage," they tend to picture an object being broken. Courts, however, take a broad view that includes making an object unusable for its original purpose.
Supreme Court Decision 2019Do13764, May 7, 2021Impairing the utility of property means putting the property, factually or emotionally, in a state in which it cannot be used for its original purpose, and this includes rendering the property temporarily unusable or unable to perform its specific function.
That case involved placing concrete structures and excavator parts tightly against the front and back of another person's vehicle, so that the car could not be moved for 17 to 18 hours. There was not a single scratch on the car, yet the Supreme Court found the crime of property damage established. The judgment stated that, in deciding whether utility has been impaired, one should consider together the use and function of the property, the difficulty and cost of restoring it, and even the discomfort or aversion felt by the user.
B. Applying this to the present case
If merely making an object immovable can constitute damage, there is little room to doubt that tearing the fabric of a garment so that the filling comes out, and even making a hole in the clothing worn underneath, constitutes damage. Even if repaired, it is hard to return the garment to its original state, and the victim's feeling of not wanting to wear again clothes that someone has put a blade to is also a factor in the assessment. In the end, the issue is not whether it is a crime, but proving who did it, with what tool, and whether on purpose.
3. It Is a Different Story If the Body Was Touched
A. Injury and special injury
As the writer said, if the blade had gone just a little deeper, a person rather than clothing would have been hurt. Under Article 258-2(1) of the Criminal Act, a person who injures another's body while carrying a dangerous object is punished by imprisonment for not less than one year but not more than ten years, with no fine available. Paragraph (3) of the same Article also punishes attempts. This means that if someone swung at the body and, fortunately, only the clothes were torn, attempted special injury, going beyond property damage, may become an issue depending on the circumstances. Which one applies depends on what the actor was aiming at and what tool was used and how.
B. If it was an accident, criminal punishment is difficult
Conversely, if the clothes were torn by catching on a bag ornament or the tip of an umbrella, the situation is different. The Criminal Act punishes property damage only as an intentional crime and does not punish negligently damaging another's property. In that case, only civil liability for damages is at issue. This is why, where the circumstances have not been confirmed as in this case, materials proving intent are all the more important.
4. What to Do Now If You Have Been Harmed
A. Keep the clothes exactly as they are
The torn clothing is the most important evidence. Before washing or repairing it, photograph the torn area from several angles and keep the garment as it is. Whether the cut edge is smooth, as if sliced by a blade, or rough, as if ripped by snagging, is a clue that separates intent from accident. Immediately write down, as best you remember, the station and time you boarded, any lines you transferred to, the position of the car you rode in, and the appearance of the people around you. Your transit card usage history also serves as material supporting your boarding time.
B. Move quickly on CCTV
Footage from stations and inside trains is deleted after a certain period. The surest approach is to report to the police as soon as you notice the damage, so that the investigative authorities can secure the footage. Under Article 35 of the Personal Information Protection Act, you can also directly request the operator to let you view footage in which you appear, but viewing may be restricted to protect the privacy of other passengers. Remember that if you delay reporting and the footage is deleted, the path to finding the perpetrator is effectively closed.
C. How to obtain compensation
Once the perpetrator is identified, you can claim the cost of the clothes or repairs, and if your body was also threatened, you may also try to assert mental damage. There is the option of filing a separate civil lawsuit, but if a criminal trial is held, you can apply for a compensation order under Article 25 of the Act on Special Cases Concerning Expedition of Legal Proceedings and be awarded compensation together with the criminal judgment. Crimes of damage, including property damage, are eligible for compensation orders. Under Article 766 of the Civil Act, a civil claim for damages is extinguished three years from the date the victim learned of the damage and the perpetrator, or ten years from the date of the tort. The three years do not run while the perpetrator is unknown, but the later the perpetrator is found, the more the evidence fades.
D. If you are the one under suspicion
In a crowded train, it really does happen that someone's clothes catch on a bag or belongings. If you have been wrongly identified, organize materials so that you can explain the items you were carrying and your movements at the time, and it is better to request a review of the footage than to argue emotionally. If it is clear that you damaged the clothes by accident, you may avoid criminal punishment but liability for compensation remains, so it is best to settle the matter amicably with the victim.
5. Closing Thoughts
Damage from torn clothing may look small if one looks only at the amount. But if someone moved among people on a rush-hour train holding a blade, the next harm may not end with clothing. The stream of comments from people who say they had the same experience shows that such harm may have gone unreported and buried until now. Victims should not let it go just because they do not begrudge the cost of the clothes, but should report it and leave a record, and operators and investigative authorities need to make the effort to examine repeated reports together. Not taking small property damage cases lightly is the way to prevent bigger accidents.
(Shin Dong-woo, Managing Partner, DAEON Law Firm)
This column provides general legal information based on Korean statutes and court decisions as of 2026. 10. 31.. It is not legal advice on any individual case.
2026. 10. 31. · By Attorney Dongwoo Shin
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