Go Young-ju's Not Guilty Verdict Confirmed for Saying "Moon Jae-in is a Communist"

Ko Young-joo, Chairman of the Korea Communications Standards Commission, appeared at the comprehensive audit on the Korea Communications Commission held by the National Assembly's Science, Technology, Broadcasting and Communications Committee on the 31st, and seemed tense as he closed his eyes. Photo by Yoon Dong-joo doso7@

[Asia Economy Reporter Kim Daehyun] The 'not guilty' verdict received by former Broadcasting Culture Promotion Foundation director Ko Youngjoo in the retrial, who was previously sentenced to a suspended prison term for defamation after calling President Moon Jae-in a communist, has been finalized. It has been about four and a half years since the prosecution brought the case to trial.

According to the legal community on the 21st, the prosecution did not submit an appeal by the deadline on the 18th. The Seoul Central District Court Criminal Appeal Division 5-2 (Presiding Judges Won Jeongsuk, Lee Gwanhyung, Choi Byeongryul) on the 11th overturned the original sentence of 10 months imprisonment with 2 years probation for former Broadcasting Culture Promotion Foundation director Ko, who was indicted for defamation, and in accordance with the Supreme Court's remand ruling, acquitted him.

The court stated, "Considering various circumstances, the 'communist remark' can be seen as an expression of the victim's ideology or position based on the defendant's experience. It is difficult to regard this as a specific factual statement that constitutes defamation," and added, "It cannot be considered an illegal act that exceeds the freedom of expression."

Former director Ko stated in January 2013 at a conservative civic group’s New Year greeting event that Moon Jae-in, then the Democratic United Party’s presidential candidate, was "a communist who was the lawyer in the Burim case, and if this person becomes president, it is only a matter of time before our country becomes communist."

The Burim case involved over 20 teachers and students who were indicted in 1981 for violating the National Security Law and other charges, receiving heavy sentences, but were acquitted in a retrial in 2014. At that time, former director Ko was the investigating prosecutor, and President Moon was the retrial defense attorney.

The first trial acquitted former director Ko, stating, "Considering the diversity of terminology, the fact that communism is generally associated with North Korea does not mean that the expression carries a negative factual statement."

The second trial convicted him. The court at that time said, "Considering ideological conflicts, the term 'communist' is more degrading to President Moon's social evaluation than any other expression," and "Ko’s remarks cannot be seen as lawfully made within the scope of freedom of expression," sentencing him to 10 months imprisonment with 2 years probation.

In September last year, the Supreme Court overturned the second trial’s verdict and sent the case back to the Seoul Central District Court with a not guilty ruling. It stated, "It is difficult to see the defendant’s communist remark as a specific factual statement that damages the victim’s honor, and it is also difficult to view it as exceeding the limits of freedom of expression."

The logic is that political ideologies held by individuals or groups inevitably involve evaluative elements, making it practically impossible to prove by evidence, so it is inappropriate for the court to intervene in such matters. It especially emphasized that freedom of expression regarding public figures or matters of public interest in the public sphere must be maximally protected.

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