The court finds the head prosecutor, Jin Hye-won, not guilty of violating the National Civil Servants Act, stating that they were expressing personal opinions on societal issues.
Head prosecutor Jin Hye-won. Yonhap News
‘Jin Hye-won, deputy head prosecutor of the Busan District Prosecutors’ Office, has been acquitted in the first trial on charges of posting mocking comments about Kim Gun-hee, the wife of President Yoon Suk-yeol, on social media.’
‘The Seoul Western District Court’s Criminal Agreement 11th Division, headed by Judge Bae Seong-joong, acquitted Jin, who was charged with violating the National Civil Servants Act, the Public Official Election Act, and defamation under the Information and Communications Network Act. The court rejected Jin’s motion to challenge the constitutionality of the Public Official Election Act.’
“In September 2022, Jin posted on his Facebook a photo of Kim Gun-hee, with a caption that read, ‘Julie, I don’t know if you know English spelling. I read a post that said I’ve attached non-existent words (entertainment bar) and brought a lawsuit against them. I wonder if we’re not Julie, so that’s why.’ This post led to allegations that Jin violated the duty of political neutrality as a prosecutor and defamed Kim’s honor. The post also included the word ‘Prostitute,’ implying a prostitute. Jin was also charged with encouraging voting support for a specific party by posting content that recalled allegations of favoritism in the land in Naegok-dong by Oh Se-hoon, a candidate for Seoul mayor, and allegations of materials supplied by Park Hyung-jun, a candidate.”
‘The court found that Jin’s post lacked specificity regarding the defamation charge. The court stated, “For the charge of defamation to be established, facts must be presented, and the presented facts must be specific enough to infringe upon a specific individual’s social worth or evaluation.” The court further stated, “The victim was not specified as ‘Julie’ or that ‘Julie’ is a prostitute.” The court also noted, “The term ‘Prostitute’ mentioned in the post is already confirmed as a new term criticizing the prosecution organization, a portmanteau of ‘Prosecutor’ and ‘Institute,’ as claimed by Jin.” ‘
‘Regarding the posts related to allegations against Oh Se-hoon, the Seoul mayor, and others, the court concluded that it is difficult to consider it a violation of the National Civil Servants Act because there is no direct connection to the elections. The court explained, “Out of around 480 posts made by the defendant, only 16 were related to the indictment.” The court further said, “It is difficult to see that the posts were made to influence the fate of specific candidates or contained specific election-related content; they simply expressed personal opinions on societal issues being discussed.” ‘
‘After the trial, Jin said in front of reporters, “The four-year-long trial was very tough. I am grateful that all the legal arguments I presented were accepted.” ‘