Burning Sun whistleblower, Kim Sang-kyo, has been sentenced to two years probation for sexually assaulting a woman in the club. Kim was sentenced by a Seoul Central District Court on November 8th, where he was also found guilty of obstruction of business towards Burning Sun, and defamation. Prior to this case, Kim had made several allegations in 2019 against Burning Sun, a club in Gangnam, Seoul.

Kim Sang-Kyo was accused by three women for sexual misconduct in Burning Sun club around November 2018 but was only found guilty for one of these instances. In the instance he was proven to be guilty, the court ruled in favour of the victim due to the fact that her testimony was backed up by CCTV evidence. The court also cited the severity of the crime and the emotional impact on the victim as justification for the ruling. While addressing reporters after the trial, Kim claimed that the victim went back on her testimony by stating that she did not remember how Kim had touched her. He also stated that the CCTV footage was unclear.

For the other two instances of alleged assault, the court ruled that Kim was not guilty due to insufficient evidence. Kim had denied all three instances of assault, saying that the victim was a close aide to Burning Sun's CEO, Lee Moon Ho, and that she had made a false statement. Kim stated, “I think the police called in the women from the CCTV footage and questioned them to reduce the scale of Burning Sun’s case. It was not until a month later that all of them filed complaints at the same time.”

Other than the allegations of sexual misconduct inside Burning Sun, Kim was also indicted and found guilty of obstruction of business for his disruptive behaviour outside the club. While considering the facts of this charge, the court stated, "It is difficult to say that the defendant's actions can be considered as an ordinary act of self-defence.” They further described Kim’s actions as “an aggressive attack.”

In addition to probation, Kim was ordered by the court to complete a 40-hour sexual violence treatment program and 80 hours of community service work. If Kim reoffends during his probation, he will be sentenced to one year in prison. After the trial, Kim expressed his dissatisfaction with the ruling. He described it as “unacceptable” and said that he plans to appeal.

Kim Sang-Kyo became a popular figure in South Korea through his January 2019 allegations against Burning Sun, where he alleged that he was physically assaulted by some of the club’s employees. At the time, Kim claimed he was trying to help a woman escape sexual harassment at Burning Sun. However, the police and the club’s management both released statements contradicting Kim’s claims, saying that Kim was actually being disruptive at the club. The allegations against Burning Sun then spiralled, which prompted police agencies to launch a large-scale investigation. However, in July 2019, the police revealed in a press conference that these allegations could not be confirmed.