"Moon Jae-in is a Communist" Go Young-ju Acquitted in Defamation Retrial

Ko Young-joo, former chairman of the Korea Broadcasting Culture Promotion Foundation

[Asia Economy Reporter Kim Daehyun] Ko Youngju, former chairman of the Korea Broadcasting Culture Promotion Foundation, who was tried for defamation after calling President Moon Jae-in a communist and was sentenced to a suspended prison term, was acquitted in the retrial following the Supreme Court's remand.

On the afternoon of the 11th, the 5-2 Criminal Appeals Division of the Seoul Central District Court (Presiding Judges Won Jeongsuk, Lee Gwanhyung, Choi Byeongryul) overturned the original sentence of 10 months imprisonment with a 2-year suspended sentence against former chairman Ko, who was charged with defamation, and acquitted him in accordance with the Supreme Court's remand decision.

The court stated, "Considering various circumstances, the 'communist remark' can be seen as an expression of the victim's ideology or beliefs based on the defendant's experience. It is difficult to regard this as a statement of specific facts that could constitute defamation," adding, "It cannot be considered an illegal act that exceeds the freedom of expression."

Previously, in January 2013, at a New Year's gathering of a conservative civic group, former chairman Ko stated about President Moon, who was then the Democratic United Party's presidential candidate, "Moon Jae-in, the lawyer in the Burim case, is a communist, and if this person becomes president, it is only a matter of time before our country turns red."

The Burim case involved over 20 teachers and students who were indicted in 1981 for violating the National Security Act and other charges, receiving heavy sentences, but were acquitted in a retrial in 2014. At that time, former chairman Ko was the investigating prosecutor, and President Moon served as the defense attorney in the retrial.

The first trial acquitted former chairman Ko, stating, "Considering the diversity of terminology, the fact that communism is generally associated with North Korea does not mean that the expression carries a negative factual implication."

However, the second trial found him guilty. The court at that time said, "In light of ideological conflicts, the term 'communist' lowers President Moon's social evaluation more than any other expression," and "Former chairman Ko's remarks cannot be seen as lawfully made within the scope of freedom of expression," sentencing him to 10 months imprisonment with a 2-year suspended sentence.

In September last year, the Supreme Court overturned the second trial's verdict and remanded the case to the Seoul Central District Court with a judgment of not guilty. It ruled, "It is difficult to see the defendant's 'communist' remark as a statement of specific facts that would damage the victim's honor, and it is also difficult to consider it as exceeding the limits of freedom of expression."

The court reasoned that political ideologies held by individuals or groups inherently involve evaluative elements, making it practically impossible to prove by evidence, and thus judicial intervention in such matters is inappropriate. It emphasized that freedom of expression regarding public figures or matters of public interest who appear in the public sphere must be maximally protected.