'Defamation of Reporter' Choi Kang-wook, Confirmed Fine of 10 Million Won by Supreme Court

[Financial News] Former Democratic Party lawmaker Choi Kang-wook, who was put on trial for defaming former Channel A reporter Lee Dong-jae, has been confirmed with a fine.
The Supreme Court's 3rd Division (Presiding Judge Oh Seok-jun) confirmed the original ruling that sentenced former lawmaker Choi to a fine of 10 million won for violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (defamation) on the 17th.
Former lawmaker Choi was put on trial for defaming former reporter Lee by posting a false statement on his social networking service (SNS) after the so-called 'Channel A incident' allegations were raised in April 2020.
The post contained content stating, "Former reporter Lee told former Value Invest Korea (VIK) CEO Lee Cheol, 'Just close your eyes and say you gave money to Yoo Si-min', 'We will search Yoo Si-min's house and family and also raid the Roh Moo-hyun Foundation where Yoo Si-min is the chairman'."
The first trial acknowledged that former lawmaker Choi wrote false content but acquitted him, stating that the 'purpose of slander', a requirement for establishing defamation, was not proven.
The prosecution appealed, and in the appellate court, added charges of defamation under the Criminal Act to the existing charges of defamation under the Information and Communications Network Act. Unlike defamation under the Information and Communications Network Act, defamation under the Criminal Act does not require the purpose of slander.
The second trial overturned the first trial and sentenced a fine of 10 million won, stating, "The act of the defendant writing the post exceeds the scope of legitimate criticism for the public interest and was done with the purpose of slandering the victim."
The appellate court pointed out, "It is difficult to conclude that a reporter, like a public official or politician, has the status of a public figure subject to widespread public interest and scrutiny," and "The mere fact that there was a reason to suspect the victim of engaging in improper reporting activities connected with the prosecution does not justify the defendant's actions."
Furthermore, "The defendant distorted the content to attack the victim as a 'reporter who conspired with the prosecutor to instigate false accusations or encouraged false reports'," and "This is inconsistent with the purpose of our law to guarantee freedom of expression and exceeds the permissible scope of criticism in social norms, making it illegal."
Although former lawmaker Choi appealed, the Supreme Court dismissed the appeal, finding no fault in the original judgment.

jisseo@fnnews.com Minji Seo Reporter