"'Your Grandfather Was a Pro-Japanese Collaborator' High School Classmate's Remark Leads to 'Mental Damage' Lawsuit [Seocho-dong Legal Story]"

[Image source=Yonhap News]

"Isn't your grandfather a pro-Japanese collaborator?"

In August 2017, during lunch at a high school in Namyangju-si, Gyeonggi Province, a first-year high school student, A (16), was told this by his classmate B. Other friends were also present. When A said, "There are jokes to make and jokes not to make," B apologized.

Three months later, the school held a 'School Violence Self-Governing Committee' following A's report. A claimed that B not only defamed his reputation with false facts but also slapped him during a conversation about English football league results and molested him by touching specific body parts in the bathroom. However, the school stated, "B apologized," and decided on 'no action.'

'Pro-Japanese collaborator' remark leading to lawsuit... Court rules "Not defamation"

Eventually, A and his parents visited investigative authorities the following year, and B faced a criminal trial. The court found B guilty of assault and gave a suspended sentence with a fine of 500,000 KRW. A suspended sentence means that for a defendant with a minor offense, the court postpones sentencing for a certain period, and if no specific incidents occur during that time, the sentence is waived.

Regarding the defamation charge, the court acquitted B, stating, "Those present at the time took B's words as a joke and did not actually believe A's grandfather was a pro-Japanese collaborator, nor can it be seen as stating specific facts." A's side claimed in court that B said, "Your clothes change every day. Don't you have a lot of money?" and "Your grandfather is a pro-Japanese collaborator who sucks up to the Japanese." The court added, "Although it could be considered an insult, since the indictment was for defamation, the court cannot punish B for insult without changing the indictment." The court also acquitted B of the sexual molestation charge due to insufficient evidence.

Civil lawsuit recognizes 'mental damage' due to 'insult'

A's side filed a civil lawsuit separately from the criminal trial. Claiming mental damages caused by B's actions, they sought about 40 million KRW in compensation. It took four years after the incident for the lawsuit to conclude. Recently, Judge Kang Jin-woo of the Uijeongbu District Court Civil Division 9 partially held B responsible for both the assault and the 'pro-Japanese collaborator' remark.

Judge Kang first acknowledged, "It is recognized that B made a statement implying 'A's grandfather is a pro-Japanese collaborator,'" but clarified, "This does not constitute defamation." The remark was judged to be more about B's impression that "A wears different clothes every day, so he seems wealthy," rather than an assertion of actual pro-Japanese acts.

However, Judge Kang ruled, "B's remark constitutes an insult against A." He emphasized, "In our society, which has the painful history of 35 years of Japanese colonial rule, the term 'pro-Japanese collaborator' is clearly used not just to indicate friendliness toward a specific country but also as a contemptuous or mocking expression toward the other party."

Judge Kang ordered B and his parents to pay mental damages to A and his parents for the assault and insult. However, the amount was set at a total of 3 million KRW, rejecting A's claim for psychiatric treatment costs and other expenses.

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