Choi had previously been convicted of assaulting Goo Hara and threatening to release a sex tape filmed without her consent.
According to legal circles, on September 19, the Constitutional Court unanimously accepted a petition filed by a man referred to as Mr. Jeong to overturn the prosecution’s stay of indictment. The prosecution issued the stay after concluding that Jeong’s comments on the Internet article were defamatory, but chose not to proceed with a trial. A stay of indictment acknowledges the crime, but considers various factors to not proceed with the prosecution.
In July 2021, Jeong commented on an article titled “Goo Hara’s Ex-Boyfriend Choi Jong-bum Reveals Gaunt Appearance” that was posted online. Jeong wrote, “Is he revealing his gaunt appearance to gain sympathy? Someone like X wouldn’t get 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 stay of indictment. In May 2022, Jeong filed a petition with the Constitutional Court, requesting that the stay of indictment be overturned.
Jeong admitted to posting the comment, but argued that given the context, tone, and overall content of the comment, it did not amount to contempt that would lower Choi’s social standing. He also argued that the prosecution had violated his constitutional rights to equality and the pursuit of happiness by failing to thoroughly investigate the facts or conduct a proper legal review.
The Constitutional Court concluded that Jeong’s comment did not meet the criteria for defamation under the law, taking into account the context and the number of times the comment was published.
The court explained: “Defamation, as defined by law, refers to the expression of “abstract judgments” or “derogatory 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 derogatory sentiments that would lower the victim’s social standing.”
The court further clarified that language is a fundamental form of expression and that people’s speech habits vary. Therefore, not all vulgar or profane language should be subject to criminal punishment under defamation laws.
The court’s decision appears to have taken into account the public criticism leveled at Choi Jong-bum at the time. Choi was 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 nail salon grand opening event, which prompted further backlash from the public for showing no remorse.
Meanwhile, Goo Hara was found dead in her home on November 24, 2019.
Source: Nate
