[Asia Economy Reporter Kim Daehyun] A workplace superior who made false statements that "the team leader working together had a twisted mouth" about an employee who suffered from depression due to sexual harassment and died has been sentenced to a fine by the Supreme Court.
On the 4th, the Supreme Court Division 1 (Presiding Justice Kim Seonsu) announced that it upheld the original court ruling that sentenced Mr. A, who was indicted for defamation of the deceased, to a fine of 1 million won in the appeal trial.
Mr. A was tried on charges of making false statements about the deceased employee Mr. B to other employees at a company office in Yeongdeungpo-gu, Seoul, in July 2016, saying, "I feel sorry to say this, but the team leader who worked with him had a twisted mouth because of him." He was also charged with saying that Mr. A "could not adapt."
Earlier, it was investigated that Mr. B was sexually harassed by another employee, suffered from depression, was unable to return to work, and was found dead.
Article 308 of the current Criminal Act stipulates that "if a person publicly defames a deceased person by stating false facts, they shall be punished by imprisonment or detention for up to two years, or a fine of up to 5 million won."
In court, Mr. A's side admitted "the fact that the statement was made," but argued that "the part about 'the victim could not adapt' is merely an expression of opinion." They also claimed, "It is difficult to see the overall statement as false, and the defendant had no awareness of falsity."
The first trial court sentenced Mr. A to a fine of 1 million won, stating, "'The statement that the team leader working with the victim had a twisted mouth because of the victim' is a false fact, and the defendant's awareness of falsity and intent to defame are sufficiently recognized." However, the court acquitted the statement that "the victim could not adapt," judging it as "merely an expression of opinion involving value judgment or evaluation of work adaptation."
The second trial court also dismissed Mr. A's appeal, stating, "The defendant had intent for defamation of the deceased." It also pointed out that Mr. A's statement seemed to have caused great shock to the grieving relatives, that he was not forgiven by the bereaved family, and that he did not appear to sincerely reflect on his wrongdoing.
The Supreme Court also dismissed the defendant's appeal, stating, "The lower court did not err in the legal principle regarding intent in defamation of the deceased."
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