have you ever taken something from work home, thinking it's just a bag of coffee or a few ballpoint pens? It's a common occurrence for many office workers, but not many realize that it could legally constitute embezzlement. Recently, an employee of a large corporation was taken to trial for stealing 1,840 packets of instant coffee, and a patent office employee was fined $1 million for stealing a bicycle. Let's take a closer look at how seemingly simple unauthorized removal of company supplies can lead to criminal penalties, and in what cases embezzlement is established.
table of contents
- is taking company property really theft?
- the difference between embezzlement and theft of company property
- real-life examples and levels of discipline
- break room snacks and office supplies, how far do you go?
- frequently Asked Questions
- wrapping Up
is it really theft if you take company property?
the bottom line is that taking company supplies without authorization is theft under Penal Code Section 329. whether it's company-provided snacks or office supplies, the company owns the property. even if the item is provided for employee benefits, it's meant to be used at work, not taken home.
the Criminal Code punishes theft with up to six years in prison or a fine of up to $10,000. sure, accidentally leaving a single ballpoint pen in your bag may be socially acceptable, but if you're constantly taking office supplies or taking significant amounts of items, you're clearly stealing from the company.
the Seoul High Court ruled that a two-month suspension was justified for an employee who took 100 pairs of work gloves. although the value of a pair of gloves was not significant, ranging from 20,000 to 50,000 won, the unauthorized use of company property was sufficient grounds for discipline.
most companies clearly prohibit personal use of company equipment in their employment rules or internal regulations, and violations can result in criminal penalties as well as workplace theft discipline. penalties can range from mild, such as a warning or reprimand, to a pay cut, suspension, or even termination.
the difference between embezzlement and theft of company property
taking company property can be categorized as theft in some cases and embezzlement in others. the decisive difference between the two offenses is the presence or absence of a custodial relationship.
embezzlement, which is punishable by up to five years in prison or a fine of up to 15 million won ($15,000) under Article 355 of the Criminal Code, is committed when a person in a position of custody of company property uses it as if it were his or her own or refuses to return it. for example, a bookkeeper using company funds under his or her control for personal use, or a warehouse manager taking inventory under his or her control, constitutes embezzlement of company property.
on the other hand, theft of company property is when someone takes something they are not responsible for keeping without permission. examples include a general employee taking office supplies from a shared mailbox without authorization, or taking items that are not under their control, such as stealing snacks from the break room.
more serious is professional embezzlement. if you use your position to embezzle company property, you could face up to 10 years in prison or a fine of up to 30 million won. If the amount exceeds 500 million won, you could face life imprisonment or up to five years in prison under the Aggravated Punishment of Certain Economic Crimes Act.
legal experts emphasize that taking company property without authorization, even for a small amount, is a breach of trust. that's because workplace theft goes beyond just the value of the item - it erodes trust within the organization.
real-world penalties and levels of discipline
when you look at real-life examples of penalties for taking company property, they're harsher than you might think. an employee at a food company was caught stealing and reselling 1,840 packets of instant coffee. at market value, it was worth about $34,000.
a fourth-level official at the Korean Intellectual Property Office stole a $2 million bicycle from an underground parking lot and received a summary judgment of $1 million from the prosecutor's office, and was additionally suspended for one month. It seems that because of his status as a public servant, he was held to a stricter standard.
disciplinary action for violating a company's internal rules is taken in the following steps. it starts with a warning or reprimand, followed by a reduction in pay or suspension for repeated offenses, and finally, if the offense is egregious or recurring, dismissal or termination.
labor board and court precedents require just cause and process when a company disciplines an employee. however, in clear cases of unauthorized removal of company supplies, courts have generally upheld companies' disciplinary decisions.
according to legal analysts, taking a coffee mix or two may be socially acceptable, but consistently taking more than that could result in a theft charge. the same goes for stealing office supplies like copy paper or Post-it notes.
article 23 of the Labor Standards Act states that an employer cannot discipline an employee without just cause, but taking company property without permission is recognized as a legitimate reason for discipline. however, the company must give the employee a chance to be heard and follow proper procedures before disciplining.
breakroom snacks and office supplies: what's allowed?
this is where a lot of people get confused - there doesn't seem to be a clear line on how far you can take company-provided snacks or drinks, or how you can use office supplies.
the basic rule is simple. anything your company provides is meant to be used in the office, during work hours. it's perfectly fine to grab a coffee or snack from the break room during a work break, but it's not okay to put it in your bag to take home, or to grab a bunch of them and stack them in your desk drawer.
the same goes for office supplies. it's perfectly fine to use a pen or notebook for work, but it's not okay to pack a bunch to use at home or to give to your kids for their school supplies. if a pen or two accidentally slipped into your bag, it's not a big deal, but if it's intentional and repetitive, it's a different story.
what if you work from home? equipment and supplies provided or authorized by your company for working from home are, of course, yours to use at home. but that doesn't mean you can treat company items as if they were your own. it's still company property, and you'll need to return it when you leave.
you should also be careful about using company vehicles for personal use - there are several court cases that have upheld discipline for employees who used company vehicles for personal use without authorization.
related article: Labor law essentials you need to know Related article: Legal considerations for working from home Related article: Understanding the disciplinary process for violating internal company rules
frequently asked questions
q: I accidentally brought home a company ballpoint pen, am I guilty of theft?
a: If it's a one-time thing and accidentally slipped into your bag, social norms may allow it. however, if you intentionally take multiple bags or repeatedly take them, it could be considered theft. if you accidentally take it, consider returning it the next day.
q: Can I take company-provided snacks home?
answer: no, you shouldn't. break room snacks are provided for you to eat in the office during business hours. Putting them in your bag to take home is tantamount to taking company property. one or two coffee mixes may not be a big deal, but consistently bringing multiple bags will result in disciplinary action.
q: Can I print personal documents on the company printer?
a: It depends on your company's policy, but most companies prohibit the use of printers for personal use. you may be able to get away with one or two urgent documents, but regularly printing personal documents or printing large quantities is unauthorized use of company property.
question: what is the sentence for embezzlement?
a: General embezzlement is punishable by up to five years in prison and a fine of up to $15,000. however, business embezzlement is punishable by up to 10 years in prison or a fine of up to 30 million won. If the amount is large, the sentence can be up to life imprisonment under the Aggravated Punishment of Specified Economic Crimes Act.
q: Can I take company property with me when I leave?
a: You can only take things that you personally brought with you. even business cards or work materials are company property and should not be taken without authorization, even if they were provided by the company, such as a stapler or mug that you used for work.
wrapping up
taking company supplies without authorization, no matter how small, can constitute theft. it's not just a matter of legal penalties, it's also a matter of losing the trust of your company and coworkers. embezzlement carries more severe penalties and can have a devastating impact on your professional life.
be grateful for the benefits your company provides, but remember that the company still owns them. if there's any ambiguity, it's best to reach out to your boss or HR for clarification. a little greed can come back to bite you in the ass.
how does your workplace manage company supplies? If you have any questions or experiences, please share them in the comments. If you found this article helpful, please subscribe and like it.