Man acquitted on criminal charges of defaming Park Geun-hye

Park Seong-su, who was imprisoned for eight months on charges of defaming former president Park Geun-hye, smiles with his lawyer as he is released from the Daegu detention center on Dec. 22, 2015. Park was sentenced to one year in prison, suspended for two years, in his first trial. (by Kim Il-woo, Daegu correspondent)

“Hopefully this case will lead to greater protections on the freedom to criticize, satirize, and express opinions on politicians,” says lawyer

“Are they creating a security ‘situation’ to cover up the Chung Yoon-hoi scandal? Compared to Park Geun-hye, Lee Myung-bak was a sage ruler. The Chosun Ilbo denounced the refusal to go public with the missing seven hours on the day of the Sewol ferry sinking in 2014. The Sankei Shimbun ended up charged for writing an article hinting that Park Geun-hye and Chung Yoon-hui were romantically involved during those seven hours. Was it their conclusion that red-baiting was the only way out of this all-out crisis?”

An appellate court ruled that the drafting and circulation of flyers containing the above critical assessment of former President Park Geun-hye did not constitute defamation.

Overturning a first trial ruling and acquitting the defendant two years later, the court said the flyer text “appeared to be an expression of opinion representing a value judgment of the Park Geun-hye administration or assessment of its governance.”

The three flyers created by Park Seong-su which criticized former President Park Geun-hye were posted on the wall of a subway station. (taken from Park Seong-su’s Facebook page) 　

Hon. Judge Im Beom-seok of Daegu District Court’s first criminal division delivered a ruling on Jan. 25 sentencing Park Seong-su, 45, to pay a fine of 2 million won (US$1,880). In his first trial, Park was sentenced to one year in prison suspended for two years on charges of criminal defamation, defamation according to the Act on Promotion of Information and Communication Network Utilization and Information Protection, etc., and violation of the Assembly and Demonstration Act.

The court acquitted Park of the key charge in the case, namely criminal defamation with the flyers’ content. Also acquitted the same day were Byeon Hong-cheol, 49, and a 37-year-old surnamed Shin, who were respectively fined 5 million won (US$4,700) and 1 million won (US$940) in their first trial for a performance in which they distributed flyers from Park on the street.

The court upheld some of Park’s convictions on other charges of defamation according to the Promotion Act and violation of the Assembly and Demonstration Act.

“Even if the defendant had recourse to satire or analogy, he appears to have forfeited legitimacy with his malicious or extremely rash attacks,” it concluded.

Park Seong-su holds the flyer he made which criticized former President Park Geun-hye while standing outside a police station in Jeju Island last April. Park was imprisoned for eight months on defamation charges as a result of the flyer. (taken from Park Seong-su’s Facebook page) 　

Attorney Ryu Je-mo, who defended Park, said the court “seems to have made the obvious ruling on the flyers.”

“It is unfortunate that some of the charges related to defamation according to the Act on Promotion of Information and Communication Network Utilization and Information Protection,” Ryu added. “Hopefully, this case will lead to greater protections on the freedom to criticize, satirize, and express opinions on politicians.”

In Feb. 2015, Byeon and Shin staged a performance in Daegu involving the distribution of flyers critical of Park Geun-hye. Prosecutors indicted them without detention the following May, claiming the flyer content was “defamatory” toward Park, and arrested Park Seong-su for making the flyers. In his first trial that December, Park was freed with a one-year prison sentence suspended for two years.

By Kim Il-woo, Daegu correspondent

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