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First Legal Precedent Recognizing 'Hate Speech' in Artistic Works
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On the afternoon of the 18th, around Daerim Central Market in Yeongdeungpo-gu, Seoul. / Photo by Joohee Kang, Intern Reporter kjh818@asiae.co.kr
View original image[Asia Economy Reporter Han Seung-gon, Intern Reporter Kang Joo-hee] "We are not criminals," "I hope this perception changes now."
Recently, the court ruled that the production company of the film Youth Police, which sparked controversy over 'disparaging Chinese Koreans,' must apologize to the Chinese Korean community. The court found that the depiction of Joseonjok (ethnic Koreans from China) in the film could cause discomfort and feelings of alienation among Chinese Koreans. This is the first ruling in Korea to recognize legal responsibility related to specific expressions in artistic works.
The film Youth Police, released in 2017, was embroiled in controversy for negatively portraying Chinese Koreans by depicting a Joseonjok violent organization based in Daerim-dong kidnapping runaway girls to forcibly extract and sell their eggs.
In the movie, actual Chinese Korean densely populated areas such as Daerim-dong and Garibong-dong are portrayed as high-crime zones where heinous crimes occur. The Joseonjok characters are depicted as villains committing crimes like 'human trafficking,' 'organ trafficking,' and 'illegal egg trade' in dark back alleys.
Moreover, the film used the name 'Daerim-dong' directly, which was criticized for generalizing negative images of the Joseonjok community. The film was very popular, attracting around 6 million viewers.
In response, about 60 Chinese Koreans and Daerim-dong residents filed a lawsuit against the production company Movie Rock, claiming that Youth Police maliciously and hatefully portrayed Joseonjok, fostering prejudice. The first trial sided with the film company citing 'freedom of expression,' but the appellate court ruled that the plaintiffs should be apologized to.
The court stated, "Some parts of Youth Police include fictional facts with negative depictions of Joseonjok. The plaintiffs likely felt discomfort and alienation due to this film," and recommended the production company officially apologize to the plaintiffs and promise to prevent recurrence.
On the afternoon of the 18th, Daerim Central Market in Yeongdeungpo-gu, Seoul. Citizens are walking around. Photo by Joohee Kang, intern reporter kjh818@asiae.co.kr
View original imageOn the afternoon of the 18th, residents of Daerim-dong met by Asia Economy reporters showed calm reactions to the ruling but expressed hope.
A (35), who runs a convenience store in Daerim-dong, said, "The movie is just entertainment, and I think some parts are exaggerated. It's true that it creates prejudice, but most people living around here are Chinese Koreans, and since there are not many opportunities to interact with Koreans, we don't really care much anymore."
However, A added, "It's unfortunate that when negative parts about Joseonjok come out in movies, people tend to believe them as they are. We are not all like that, but because there is no communication or contact, misunderstandings are inevitable. I hope this ruling helps ease those misunderstandings a bit."
Films negatively portraying Joseonjok have been continuously produced over the past decade. Since the release of Hwanghae in 2010, movies like New World and Crime City have depicted Joseonjok as symbols of crime and illegality in many Korean crime films. Although the settings vary slightly, the brutal portrayal of Joseonjok remains largely unchanged.
B (26), who works at a cellphone store in Daerim Central Market, said, "Since it's a movie, I didn't think much of it. I didn't think it was something to protest or make a big issue about," but added, "It does hurt and upset me to see us portrayed as bad people in movies. The negative depictions of this area in films make people afraid and reluctant to come to Daerim-dong."
B continued, "Still, now that the ruling has changed, I feel perceptions are slowly shifting. I hope this becomes a starting point for changing negative views about us and that more communication happens."
C (45), who works at a restaurant near Daerim Station, said, "Nowadays, even Koreans come here often to eat and look for good restaurants. In the past, there was a lot of hatred, but I feel that perception has somewhat improved compared to before."
A scene from the movie 'Midnight Runners' / Photo by a scene capture from the movie 'Midnight Runners'
View original imageKim Yong-seon, Honorary Chairman of the Chinese Korean Unity Federation, pointed out, "In media such as movies and dramas, negative portrayals of Chinese Koreans are handled too easily and thoughtlessly under the pretext of creative freedom, regardless of factual accuracy. Such portrayals are no different from violence against them."
He continued, "The media also plays a part in spreading hateful views toward Chinese Koreans. Whenever social incidents involving Joseonjok occur, the fact that they are Joseonjok is highlighted, and sensational headlines make it seem as if all Chinese Koreans are criminals. Such reporting must stop."
Regarding the ruling, Chairman Kim said, "When we first started the lawsuit, we did not expect to win. Our goal was not to receive compensation," adding, "We wanted a direct apology and an opportunity to raise awareness about the discrimination and hatred Chinese Koreans face in society. I hope this ruling helps many people recognize that Chinese Koreans are also members of this society."
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Meanwhile, the film production company officially apologized to the plaintiffs in April and promised to prevent recurrence. The company stated, "We apologize to the plaintiffs who felt discomfort and alienation due to the negative portrayal of Joseonjok," and added, "We promise to thoroughly review whether there are any hateful expressions in future film productions."
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