In a win for widespread sense and cause, Choi Jong Bum (Goo Hara’s ex) had a lawsuit win in opposition to a malicious commenter overturned not too long ago. Again in 2021, the courtroom dominated a netizen’s remark defamatory (usually carrying a 300 million received wonderful) however suspended the indictment. Afterward, the netizen filed an enchantment, and years later he’s getting that indictment overturned.
In accordance with authorized circles on September nineteenth, the Constitutional Court docket unanimously accepted a petition by a person, known as Mr. Jeong, to overturn the prosecution’s suspension of indictment. The prosecution had issued this suspension after concluding that Jeong’s feedback on the web article had been defamatory however opted to not proceed with a trial. A suspension of indictment acknowledges the crime however considers varied elements to not pursue prosecution.
On the time, it appeared like a chief case of exhibiting how simple it was to get defamation wins in Korea contemplating Choi Jong Bum’s conviction, actions, and status because it was. Whereas this ruling is smart, it does appear to largely come from the truth that he didn’t speculate or specific opinion, in addition to the truth that Choi Jong Bum didn’t have a lot status to lose.
The Constitutional Court docket concluded that Jeong’s remark didn’t meet the standards for prison defamation underneath the legislation, making an allowance for the context and variety of instances the remark was posted.
The courtroom defined, “Defamation, as outlined underneath the legislation, refers to expressing ‘summary judgments’ or ‘contemptuous feelings’ with out stating factual data, which may decrease an individual’s social standing. Whereas the remark on this case was impolite and vulgar, it’s tough to conclude that it expressed contemptuous emotions that might decrease the sufferer’s social status.”
As for the remark, nicely, no one would blame the man.
In July 2021, Jeong commented on an article titled “Goo Hara’s Ex-Boyfriend Choi Jong-bum Reveals Gaunt Look”, which was posted on-line. Jeong wrote, “Is he revealing his gaunt look to realize sympathy? Somebody like that X wouldn’t obtain any sympathy, even when he killed himself!”
Not a giant deal both approach by way of altering issues, however I’ll have fun any loss this man takes, particularly realizing he had sufficient of an ego to do what he did and nonetheless be fuming over Web feedback calling him a scumbag.