Political commentator who wrote 'Gwak Sang-do COVID-19 confirmed' Facebook post acquitted in appeal trial

Court: "Difficult to See Intent to Defame"

[Image source=Yonhap News]

[Asia Economy Reporter Oh Gyumin] A current affairs and cultural critic who was prosecuted for defamation after posting on social media that former People Power Party lawmaker Kwak Sang-do tested positive for COVID-19 was acquitted in the appellate court.

The Seoul Western District Court Criminal Appeals Division 1-2 (Presiding Judges Park Yang-jun, Jung Kye-seon, and Sung Ji-ho) overturned the original sentence of a 3 million won fine and acquitted critic Kim Seong-su (54) at the second trial on the 4th, who was charged with defamation under the Information and Communications Network Act.

The court ruled, "Based solely on the evidence submitted by the prosecution, it is insufficient to recognize that Kim wrote the post with the intent to defame former lawmaker Kwak Sang-do or to damage his reputation."

It added, "Considering that if the victim (former lawmaker Kwak Sang-do) had tested positive for COVID-19, there was a high possibility that subsequent National Assembly schedules, such as plenary sessions, would be disrupted, the statement that 'the victim tested positive for COVID-19' cannot be regarded as purely private and unrelated to the victim's public duties," and "It is difficult to evaluate the defendant Kim's remarks as malicious or seriously reckless attacks."

The court further explained the verdict, stating, "Considering that the defendant immediately deleted the post after realizing it was false and posted an apology on his Facebook two days later, it is difficult to conclude that there was an intent to defame."

Kim was charged with defamation under the Information and Communications Network Act after writing on his Facebook on February 24, 2020, "It has been confirmed that Kwak Sang-do, the Daegu lawmaker from the United Future Party, tested positive. This is making it difficult for the National Assembly to pass the supplementary budget. Some rumors are circulating in certain tabloids that lawmaker Kwak visited the funeral hall at Cheongdo Daenam Hospital."

However, it was revealed that former lawmaker Kwak did not test positive for COVID-19 and did not visit the funeral hall.

This content was produced with the assistance of AI translation services.