Challenging Supreme Court Ruling:
Plan to File Constitutional Court Petition Announced

On the first day of the implementation of the Constitutional Court Petition (amended Constitutional Court Act) system, 20 cases were filed with the Constitutional Court. On the same day, the attorney for YouTuber Gujaeyeok (real name Lee Junhee), who was sentenced to three years in prison by the Supreme Court for threatening and extorting money from Mukbang YouTuber Tzuyang (real name Park Jungwon), announced their intention to file a Constitutional Court petition.


According to the legal community on March 13, Kim Soyeon, an attorney at Hwang & C Law Firm and legal representative for Gujaeyeok, stated on her social media account the previous day, "I have received a case mandate from Lee Junhee regarding a Constitutional Court petition and an accusation of judicial distortion of the law."


YouTuber Gujaeyeok, who was sentenced to three years in prison on charges of threatening and extorting money from Mukbang YouTuber Tzuyang. Yonhap News.

YouTuber Gujaeyeok, who was sentenced to three years in prison on charges of threatening and extorting money from Mukbang YouTuber Tzuyang. Yonhap News.

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Attorney Kim said, "I believe there were unconstitutional investigations and trials in the process of admitting and evaluating evidence," and added, "I would like to thank the Democratic Party of Korea and President Lee Jaemyung for advancing the three judicial reform laws, including the Constitutional Court petition and the law on judicial distortion."


On March 12, the Supreme Court upheld the lower court’s ruling, sentencing Gujaeyeok to three years in prison on charges of extortion and related offenses. This date also marked the enforcement of the 'three judicial reform laws,' under which the Constitutional Court petition system allows final court decisions to be contested before the Constitutional Court, and the amended Criminal Act punishes judges and prosecutors for judicial distortion of the law.


The Constitutional Court petition is a process for determining whether a government agency’s exercise of public authority has infringed upon basic rights. Previously, court judgments were excluded from review. However, with the amended Constitutional Court Act now in effect, individuals may file a Constitutional Court petition within 30 days of a final judgment if it conflicts with a Constitutional Court decision, was reached without due procedure, or clearly violates the Constitution or laws, thereby infringing basic rights.


In 2023, Gujaeyeok was brought to trial on charges of threatening to reveal Tzuyang’s private life and extorting 55 million won. YouTuber Jujak Gambyulsa (real name Jeon Gukjin), who was indicted as an accomplice, received a sentence of one year in prison, suspended for three years.


Both the first and second instance courts found, "The amount extorted from the victim was not small, and no restitution has been made," and noted, "He did not show a remorseful attitude even during the trial."


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Gujaeyeok's liability was also recognized in a separate civil lawsuit. In October of last year, the court ordered Gujaeyeok to pay Tzuyang 75 million won in damages in a compensation claim filed by Tzuyang against Gujaeyeok and Jujak Gambyulsa. Of this amount, 50 million won was to be paid jointly with Jujak Gambyulsa.


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

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