In Their 70s Called "Kkondae" by Those in Their 30s, Can It Constitute 'Defamation'? [Seocho-dong Legal Talk]

"This is Why People Call Me a Kkondae": Defendant in His 30s
"Criticism of Some Older Generation, Not Specific Individuals" Claims
First Trial Judge Imposes Unusually Heavy Fine, Double Prosecutor's Request

"The victims likely felt extremely severe insulting emotions. Considering that the defendant is a young person just over thirty, and the victims are elderly people over seventy, this is even more so." (Judge)

In the early morning of December 15 last year, A (31, female), who was intoxicated, arrived at her destination by taxi with her boyfriend near Sillim Station in Seoul. The taxi fare was 23,400 won. A requested to split the payment using two cards.

However, taxi driver B (71, male) refused, and A spat out curses and kicked B’s lower body. As A’s rampage continued, C (72, male), who witnessed the situation, intervened to stop her. Then A shouted, "You get lost, this is why you get called a kkontae."

A, who became the defendant in the criminal trial, admitted to the assault charge against B and expressed remorse. However, A denied the charge of insult against C.

A and her lawyer argued regarding the insult charge, "It is true that such words were spoken," but "they were not directed at the victims, but were said to the boyfriend to criticize some of the older generation." They further contended, "Even if it is judged that the words were directed at the victims, the term 'kkontae' does not constitute insult under the law."

On the other hand, the prosecution requested the court to impose a fine of 1 million won, stating, "Both assault and insult charges are recognized."

According to the legal community on the 23rd, Judge Park Byung-gon of the Seoul Central District Court Criminal Division 5 found all charges against A guilty and sentenced her to a fine of 2 million won. In particular, he unusually imposed a sentence twice as high, stating, "The prosecutor’s requested sentence is not considered an appropriate punishment."

Judge Park stated, "According to the Standard Korean Language Dictionary by the National Institute of the Korean Language, 'kkontae' is slang referring to an old person or teacher. It is an expression that disparages an adult or teacher who exercises authority," adding, "This is an insult expressing abstract judgment or contemptuous feelings that could lower the social evaluation of the 72-year-old victim."

Judge Park said, "The defendant did not use the expression to state and emphasize her opinion on objective and reasonable facts. It was used in a state of intoxication and excitement, as part of a continued act of making unreasonable claims and causing a disturbance, directed at the victim who was trying to stop her."

Regarding the sentencing reasons, he criticized, "There are no mitigating circumstances at all for assaulting the taxi driver who took her to her destination while intoxicated," and "She hurled curses at the elderly person trying to stop her, made unreasonable claims related to the insult charge, and shows no remorse whatsoever." "It appears that the victims felt extremely severe insulting emotions," he emphasized the fact that A is in her early thirties while B and C are elderly people over seventy.

Judge Park added, "The defendant neither reached a settlement with the victims nor took any other measures to seek forgiveness or compensate for damages."

A appealed the first trial verdict.

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