[Asia Economy Reporters Seongpil Cho, Daehyun Kim] Volleyball players twin sisters Lee Jaeyoung and Lee Dayoung have already been effectively sentenced to death in a public trial. Public opinion became the standard of judgment. They received an indefinite suspension from competition based on public opinion and were stripped of their national team qualifications. There are talks that their athletic careers are over. The public trial of the Lee Jaeyoung and Lee Dayoung sisters originated from the exposure by one victim. Some point to the social structure, which limits the ways to raise issues and impose punishments, as the reason why the victim chose exposure over formal accusation. In fact, even in the legal community, there is a consensus that "the possibility of criminal punishment is limited."
Looking at the victim's exposure post, it includes not only habitual assault and verbal abuse but also threats with a knife and habitual extortion of money. These correspond to assault, special injury, and threat under the Criminal Act. All are subject to criminal punishment. However, the legal community points to the 'age' at the time of the offense as a variable. The victim claims to have suffered harm from the Lee Jaeyoung and Lee Dayoung sisters during middle school, 10 to 13 years ago. Attorney Jisoo Choi said, "Any incident committed under the age of 14 cannot be punished regardless of the statute of limitations." The basis is Article 9 of the Criminal Act, which stipulates that "Acts committed by persons under the age of 14 shall not be punished."
The statute of limitations is also a factor that hampers criminal punishment. Attorney Junsung Jang of Law Firm How said, "The victim's situation is unfortunate, but most charges such as assault, insult, and threat that could be applied likely have passed the statute of limitations." Under the Criminal Act, the statute of limitations is 3 years for threats, 5 years for assault and insult, and 10 years for special injury. Attorney Choi explained, "If it is judged that the statute of limitations has been completed, investigative agencies will dismiss the case for lack of prosecution rights."
Some express concerns about punishing the perpetrator through a public trial, which has no statute of limitations, even though the legal punishment period has already expired. An attorney who requested anonymity said, "The statute of limitations exists to ensure legal stability but also guarantees social stability," adding, "Public trials can undermine this stability."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.


