No Guilty Verdict for 'Bad Fathers' Child Support Nonpayment Parent Information Site
Unanimous Jury Decision in Citizen Participation Trial
Main screen of the website 'Bad Fathers' that posts personal information of parents who fail to pay child support. Photo by the website screenshot
[Asia Economy Reporter Han Seung-gon] The court acquitted the operator of the 'Bad Fathers' website, which disclosed the identities of parents who do not pay child support. Initially, the prosecution filed a summary indictment against the 'Bad Fathers' operator with a fine of 3 million KRW. However, the court proceeded with a formal trial through a citizen jury trial, emphasizing the need to thoroughly examine the case rather than simply concluding it with a fine.
On the 15th, The Suwon District Court Criminal Division 11 (Chief Judge Lee Chang-yeol) acquitted Gu, the operator of Bad Fathers, who was charged with violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (defamation).
Regarding the whistleblower Jeon, who was also indicted, the court found him guilty of posting personal information and insults about a spouse who did not pay child support on his personal SNS and imposed a fine of 500,000 KRW.
Gu was indicted in 2018 on charges of defamation for posting detailed information such as photos, names, ages, addresses, occupations, and unpaid child support amounts of people reported as 'parents who do not pay child support' on Bad Fathers.
The trial conducted as a citizen jury trial lasted about 13 hours, from 11:30 a.m. on the 14th to 12:40 a.m. the following day.
Members of the 'Yangyukbi Solution Group' are holding a press conference in front of the National Assembly building in Seoul in October 2018, urging the introduction of the full payment system for child support, which was a campaign promise of President Moon Jae-in, and calling for punishment of parents who fail to pay child support. Photo by Yonhap News.
The key issue was whether the 'Bad Fathers' site had a 'defamatory intent' against parents who do not pay child support.
The prosecution argued, "The defendant disclosed personal information regardless of whether child support was claimed, the amount unpaid, or the duration. The disclosure criteria were vague, and no fact-checking was done with the victims regarding the unpaid child support." They added, "Allowing a private individual without public authority to disclose personal information online risks undermining the rule of law."
The defense countered, "Only reports based on objective materials such as court rulings related to child support obligations were selectively posted, and information was immediately deleted once child support was paid." They also stated, "Correction requests were actively accepted. Without insulting expressions, only basic unpaid information about about 100 individuals was listed, so the defamation to individual victims is minor."
All seven jurors (excluding one alternate juror) delivered a not guilty verdict for Gu.
The court stated, "Although the defendant posted personal information about those who did not pay child support online, there was no profit gained such as receiving compensation, and no malicious or insulting expressions were found." It added, "The defendant’s activities can be seen as serving the public interest by informing the public about the suffering of many caregivers who do not receive child support and urging payment."
Meanwhile, Gu, who was acquitted, said, "Honestly, I did not expect this," and "I can't believe it." Regarding future plans, he stated, "I will continue activities with the 'Bad Fathers' team and victims of unpaid child support to create an effective system through legislation."
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