"Victim's Will Ignored" Civic Group Files Complaint Against Jang Hye-young Despite Her Objection... Spreading into 'Complaint-Only Crime Controversy'

Civic Group Files Complaint Against Former Leader Kim Jong-chul... Sexual Harassment Case Sparks 'Complaint Requirement' Controversy
Jang Hye-young "Did Not File Complaint for Me, Struggling to Recover"
Expert "Complaint Against Victim's Wishes Contradicts Purpose of 'Abolishing Complaint Requirement'"

Jang Hye-young, Justice Party member./Photo by Yonhap News

[Asia Economy Reporter Kang Juhee] A civic group has filed a police complaint against former Justice Party leader Kim Jong-cheol, who was involved in a sexual harassment case. However, this complaint goes against the wishes of the victim, Assemblywoman Jang Hye-young, who is appealing to stop the 'secondary harm.' Experts point out that criminal complaints against the victim's will contradict the original intent of abolishing the requirement for a victim's complaint (chingojoe).

According to media reports on the 28th, the civic group 'Hwalbindan' filed a complaint against former leader Kim on the 26th. Sexual crimes are not subject to chingojoe (crimes that require a complaint or accusation from the victim or other legally designated persons to prosecute), so investigations can be initiated even if a third party files a complaint.

The group stated, "This is not a matter to be ended by resignation or dismissal from position, so former leader Kim must face strict legal judgment," and requested, "Please thoroughly investigate the entire sexual crime case committed with the authority and power of the party leader in a superior position."

Former Justice Party leader Kim Jong-cheol. Photo by Yonhap News

The appropriateness of a third-party complaint by Hwalbindan against former leader Kim has sparked another debate.

Assemblywoman Jang immediately expressed regret. On the 26th, she posted on her Facebook, "Although I, the victim, clearly expressed my will to seek a communal resolution, the criminal complaint against the perpetrator was unilaterally proceeded without any communication with me, ignoring my wishes."

She continued, "It is very unfair to endlessly entangle me in the victimization incident regardless of my will as a victim struggling to restore my daily life in the way I want," and pointed out, "The decision not to proceed with a criminal complaint through the judicial system was not for the perpetrator but for myself. Misleading that judicial processing is a victim's duty is just another form of forcing victimhood."

Regarding chingojoe, Assemblywoman Jang said, "The purpose of revising sexual crimes from chingojoe to non-chingojoe is to respect the victim's will and expand their rights, not to ignore the victim's wishes," emphasizing, "Criminal complaints are one of the ways for victims to reclaim their rights."

However, some criticized Assemblywoman Jang's expression of regret as "disregarding the judicial system."

Ha Tae-kyung, a member of the People Power Party, pointed out, "The Justice Party has stood on the position that sexual crimes should be regarded as a social problem rather than individual deviation, and accordingly supported the abolition of chingojoe. Yet, they say not to file a criminal complaint against their own party leader's sexual harassment allegations. This is a claim that disregards the current judicial system."

It is seen as contradictory that the Justice Party, which advocated for the abolition of chingojoe to protect sexual crime victims, is opposing a third-party complaint against former leader Kim.

Ha added, "Chingojoe was finally abolished through the efforts of the women's movement to prevent more sexual crime victims," and "This included active support from senior Justice Party politicians such as Assemblywoman Shim Sang-jung, and it was part of Shim's presidential campaign pledges."

He further stated, "If you are going to make claims that directly contradict the reasons and purposes of the chingojoe abolition law, then as a responsible legislative body, you should first propose a bill to reinstate chingojoe."

Former Representative Kim Jong-cheol of the Justice Party. / Photo by Yoon Dong-joo doso7@

However, experts point out that criminal complaints against the victim's will contradict the intent of abolishing chingojoe, which aims to respect and protect the victim's rights.

Attorney Lee Eun-ui (Lee Eun-ui Law Office) said, "Sexual crimes are not within the scope of chingojoe, so civic groups can exercise the right to file complaints when a crime occurs. However, if the victim clearly states that they do not want legal punishment against the perpetrator, then a third-party complaint is not appropriate."

Attorney Lee explained, "For example, in cases of forced molestation through workplace power, the victim may find it difficult to directly file a complaint against the perpetrator within the organization. In such cases, a third party other than the victim can file a complaint to publicize the case. In other words, the abolition of chingojoe was intended to protect victims who cannot come forward."

He added, "However, since the victim in former leader Kim's sexual harassment case has directly publicized the issue and clearly stated that they do not want criminal punishment, whether proceeding with a complaint against this goes against the victim's interests is a matter to consider," emphasizing, "The purpose of abolishing chingojoe is to respect the victim's position and choice."

Seo Seung-hee, director of the Korea Cyber Sexual Violence Response Center, said, "When a criminal case proceeds, the victim must participate in the lengthy process of investigation and trial, but for personal or various reasons, the victim may not want this," pointing out, "Investigations initiated by third-party complaints regarding sexual violence incidents that happened to the victim infringe on the victim's exercise of their own rights."

She continued, "The most important thing for sexual crime victims to recover is to resolve the case with their own agency," emphasizing, "The abolition of chingojoe is to respect the victim's rights in various ways, and it should not proceed in a way that harms the victim's rights and decision-making."