The late singer Goo Ha-ra, left and her ex-boyfriend Choi Jong-bum. Yonhap By KTimes The Constitutional Court ruled that remarks made about Choi Jong-bum, the ex-boyfriend of the late singer Goo Ha-ra, a former member of the idol group KARA, do not constitute defamation. Choi had previously been convicted of assaulting Goo and threatening to distribute a sex video, for which he received a prison sentence.
The court unanimously accepted a petition filed by a man, identified as Chung, seeking to overturn a decision by the Incheon District Prosecutors' Office' to suspend prosecution on defamation charges, court officials said Wednesday. Prosecutors had determined that Chung’s comments, posted on an internet article about Choi’s release from prison, warranted legal action. However, the court concluded that Chung’s remarks did not meet the legal criteria for defamation.
In 2021, Chung posted a comment on a news article titled "Goo Ha-ra’s Ex-Boyfriend Choi Jong-bum Reveals Gaunt Appearance," saying, "Is he showing his gaunt appearance to gain sympathy? Someone like him wouldn't get any sympathy even if he committed suicide!" Choi's legal team filed a defamation complaint, and the Incheon District Prosecutors' Office issued a suspended indictment, acknowledging the charges, but refrained from prosecution in consideration of various mitigating factors. In May 2022, Chung appealed to the Constitutional Court, arguing that although he had posted the comment, it did not constitute a contemptuous expression that would harm Choi’s social reputation. He claimed that the prosecution’s decision violated his constitutional rights to equality and the pursuit of happiness.
The court ruled in favor of Chung, stating that under the law, defamation involves the expression of "abstract judgment" or "contemptuous feelings" that damage a person's social reputation without citing specific facts. The court also said that language can be subjective, and not all rude or coarse remarks warrant criminal punishment under defamation laws. After reviewing the context, frequency and intent of Chung’s online posts, the court concluded that they do not meet the criteria for defamation.
The ruling seemed to take into account the negative public sentiment toward Choi at the time. Choi had faced intense criticism due to his involvement in the assault and blackmail of Goo, which led to his conviction in October 2020 and a one-year prison sentence by the Supreme Court. The court noted that during the trial, Goo had attempted suicide and later passed away.
Choi was further criticized for posting a video of himself at a beauty salon opening event during the legal proceedings, which was perceived as him showing a lack of remorse. This article from the Hankook Ilbo, sister publication of The Korea Times, is translated by a generative AI system and edited by The Korea Times..
