The late singer Goo Ha-ra, left and her ex-boyfriend Choi Jong-bum. Yonhap
By KTimes
The Constitutional Court docket dominated that remarks made about Choi Jong-bum, the ex-boyfriend of the late singer Goo Ha-ra, a former member of the idol group KARA, don’t represent defamation.
Choi had beforehand been convicted of assaulting Goo and threatening to distribute a intercourse video, for which he acquired a jail sentence.
The courtroom unanimously accepted a petition filed by a person, recognized as Chung, in search of to overturn a call by the Incheon District Prosecutors’ Workplace’ to droop prosecution on defamation expenses, courtroom officers mentioned Wednesday.
Prosecutors had decided that Chung’s feedback, posted on an web article about Choi’s launch from jail, warranted authorized motion.
Nonetheless, the courtroom concluded that Chung’s remarks didn’t meet the authorized standards for defamation.
In 2021, Chung posted a touch upon a information article titled “Goo Ha-ra’s Ex-Boyfriend Choi Jong-bum Reveals Gaunt Look,” saying, “Is he exhibiting his gaunt look to realize sympathy? Somebody like him would not get any sympathy even when he dedicated suicide!”
Choi’s authorized crew filed a defamation criticism, and the Incheon District Prosecutors’ Workplace issued a suspended indictment, acknowledging the costs, however kept away from prosecution in consideration of assorted mitigating elements.
In Could 2022, Chung appealed to the Constitutional Court docket, arguing that though he had posted the remark, it didn’t represent a contemptuous expression that will hurt Choi’s social repute. He claimed that the prosecution’s choice violated his constitutional rights to equality and the pursuit of happiness.
The courtroom dominated in favor of Chung, stating that beneath the legislation, defamation includes the expression of “summary judgment” or “contemptuous emotions” that harm an individual’s social repute with out citing particular info.
The courtroom additionally mentioned that language could be subjective, and never all impolite or coarse remarks warrant felony punishment beneath defamation legal guidelines. After reviewing the context, frequency and intent of Chung’s on-line posts, the courtroom concluded that they don’t meet the factors for defamation.
The ruling appeared to have in mind the damaging public sentiment towards Choi on the time. Choi had confronted intense criticism on account of his involvement within the assault and blackmail of Goo, which led to his conviction in October 2020 and a one-year jail sentence by the Supreme Court docket.
The courtroom famous that throughout the trial, Goo had tried suicide and later handed away. Choi was additional criticized for posting a video of himself at a magnificence salon opening occasion throughout the authorized proceedings, which was perceived as him exhibiting a scarcity of regret.
This text from the Hankook Ilbo, sister publication of The Korea Occasions, is translated by a generative AI system and edited by The Korea Occasions.
