The Constitutional Court has ruled that a defamatory comment posted about Choi Jong Bum, the ex-boyfriend of the late KARA member Goo Hara, does not meet the criteria for insult under criminal law.
Choi Jong Bum had previously served time for assaulting Goo Hara and illegally filming their intimate moments, later threatening to distribute the footage.
According to legal sources, on September 19, the Constitutional Court accepted a petition filed by Mr. Jeong, overturning the suspended indictment issued by the Incheon District Prosecutor’s Office. This decision, made on June 29, was unanimous among the judges.
A suspended indictment acknowledges that a crime may have been committed but does not result in a trial. Although it doesn’t lead to a court case, it is often perceived as a guilty verdict.
The case stems from a comment Jeong posted in July 2021 in an article titled "Ex-Boyfriend of Late Goo Hara, Choi Jong Bum, Seen Looking Emaciated." In his comment, Jeong wrote, "Is he showing his emaciated appearance to gain sympathy? Even if someone like him committed suicide, he wouldn't get any sympathy!"
Choi Jong Bum subsequently filed a defamation suit against Jeong for the comment, leading the Incheon Prosecutor's Office to issue a suspended indictment in December of the same year. However, Jeong contested the ruling and filed an appeal with the Constitutional Court in May 2022, seeking to have the indictment canceled.
Jeong admitted to posting the comment but argued that considering the circumstances, content, and phrasing, his remark did not constitute an insult capable of damaging Choi’s social reputation. Jeong further asserted that Choi had already faced significant public criticism for his actions, which had damaged his reputation long before the comment was made. Therefore, Jeong claimed, his comment could not have caused further harm to Choi’s image.
He also criticized the prosecution for not fully investigating the matter or thoroughly reviewing the legal grounds, claiming this violated his constitutional rights to equality and the pursuit of happiness.
After reviewing the context, frequency, and wording of Jeong’s comment, the Constitutional Court concluded that it did not meet the legal requirements for defamation or insult under criminal law.
The court explained, "In criminal law, defamation refers to expressing an 'abstract judgment' or 'contemptuous emotion' without factual basis, which could lower a person’s social standing."
While the comment was deemed "rude and vulgar," the court ruled it did not amount to an insult capable of further degrading Choi's social reputation. The judges emphasized, "Language is a basic means of expression, and since people’s speech habits vary, not all rude or vulgar comments can be punished as insults under criminal law."
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