Former Secretary Kim Seonghoe 'Allegation Report'... Supreme Court "No Illegality Issue"

1st and 2nd Trials "MBC, No Recognition of Broadcasting Necessity" 10 Million Won Compensation
Supreme Court "Illegality Excused if for Public Interest"

Former Secretary Kim Seong-hoe, who was appointed as the first Secretary for Religion and Multicultural Affairs at the Presidential Office under the Yoon Suk-yeol administration, filed a damages lawsuit against MBC reporters who aired his face while reporting on controversies during his time as the head of a multicultural center, but he was effectively defeated.

The Supreme Court's 3rd Division (Presiding Justice Lee Heung-gu) announced on the 23rd that it overturned the lower court ruling, which had ruled in favor of Kim in the damages claim lawsuit, and remanded the case to the Seoul Western District Court.

In March 2018, Kim took issue with MBC's report alleging that children from the multicultural center choir, which he led as the representative, were improperly mobilized for a politician's event.

Kim filed a lawsuit in May of the same year against two reporters and a parent who filmed the footage, claiming, "The illegally recorded video was broadcast without mosaic blurring."

The first and second trials ordered the two MBC reporters to pay Kim 10 million won each. The lower courts stated, "It is difficult to recognize the necessity and urgency of broadcasting the video as is without measures to make Kim's face unidentifiable," and judged that "the extent of Kim's damage and the value of protecting his interests outweigh the public interest."

However, the Supreme Court overturned the lower courts' decision. The Supreme Court ruled that even if the issue involves infringement of portrait rights, if the content relates to public understanding, becomes a subject of legitimate public interest, serves the public good, and the expression and method are not improper, the illegality can be excused.

The court stated, "Kim can be regarded as having acted as a public figure by directly or indirectly influencing society, and in such cases, broad questioning of public activities or suspicions is permitted," adding, "The broadcast content has public and social significance, falls under matters of public interest, and the reported content serves the public good, recognizing the necessity of public discourse."

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