Choi had previously been convicted for assaulting Goo Hara and threatening to release a sex video filmed without her consent.
According to legal circles on September 19th, the Constitutional Court unanimously accepted a petition by a man, referred to as Mr. Jeong, to overturn the prosecution’s suspension of indictment. The prosecution had issued this suspension after concluding that Jeong’s comments on the internet article were defamatory but opted not to proceed with a trial. A suspension of indictment acknowledges the crime but considers various factors to not pursue prosecution.
In July 2021, Jeong commented on an article titled “Goo Hara’s Ex-Boyfriend Choi Jong-bum Reveals Gaunt Appearance”, which was posted online. Jeong wrote, “Is he revealing his gaunt appearance to gain sympathy? Someone like that X wouldn’t receive any sympathy, even if he killed himself!”
Choi Jong-bum subsequently filed a defamation lawsuit against Jeong, and the Incheon District Prosecutor’s Office ruled in December 2021 that Jeong’s comment constituted defamation, issuing a suspension of indictment. In May 2022, Jeong filed a petition with the Constitutional Court, requesting the suspension of indictment be canceled.
Jeong admitted to posting the comment but argued that, when considering the context, tone and overall content of the comment, it did not amount to contempt that would lower Choi’s social reputation. He also claimed that the prosecution had violated his constitutional rights to equality and the pursuit of happiness by not thoroughly investigating the facts or conducting a proper legal review.
The Constitutional Court concluded that Jeong’s comment did not meet the criteria for criminal defamation under the law, taking into account the context and number of times the comment was posted.
The court explained, “Defamation, as defined under the law, refers to expressing ‘abstract judgments’ or ‘contemptuous emotions’ without stating factual information, which can lower a person’s social standing. While the comment in this case was rude and vulgar, it is difficult to conclude that it expressed contemptuous feelings that would lower the victim’s social reputation.”
The court further clarified that language is a fundamental form of expression, and people’s speech habits vary. Therefore, not all rude or crude language should be subject to criminal punishment under defamation laws.
The court’s decision seems to have taken into account the public criticism of Choi Jong-bum at the time. Choi had been sentenced to one year in prison by the Supreme Court in October 2020 for charges including assault, property damage, intimidation and coercion related to Goo Hara. During the legal proceedings, Choi posted a video of himself eating and drinking with friends at a beauty salon opening event, which drew further public backlash for showing no remorse.
Meanwhile, Goo Hara was found dead in her home on November 24th, 2019.
Source: Nate
