‘MB Government Comment Public Opinion Manipulation’ Former Police Chief Cho Hyun-oh Sentenced to 1 Year and 6 Months in Prison Confirmed

First Trial: 2 Years Imprisonment → Second Trial "Some Comments Acquitted" 1 Year 6 Months Imprisonment
Supreme Court: "No Error in Legal Interpretation of Abuse of Authority for 'Forcing an Unobligated Act'"

Former Commissioner General Cho Hyun-oh./Photo by Kang Jin-hyung aymsdream@

[Asia Economy Reporter Heo Kyung-jun] Former National Police Agency Commissioner Cho Hyun-oh, who was indicted for overseeing the police's online comment manipulation during the Lee Myung-bak administration, has been found guilty.

The Supreme Court's First Division (Presiding Justice Park Jeong-hwa) on the 30th upheld the lower court's ruling sentencing Cho to 1 year and 6 months in prison on charges of abuse of authority and obstruction of the exercise of rights.

Cho was prosecuted for allegedly mobilizing subordinate organizations such as security, intelligence, and public relations to post over 37,000 pro-government comments online while serving as the Seoul Metropolitan Police Agency Commissioner and National Police Agency Commissioner from January 2010 to April 2012 (charges of abuse of authority and obstruction of the exercise of rights).

At that time, the police were investigated for manipulating online comments on various issues including the Cheonan ship sinking incident, Yeonpyeong Island shelling, foot-and-mouth disease, Kim Jong-il's death, Yuseong Enterprise labor union strike, half-price tuition, Korea-US Free Trade Agreement (FTA) ratification in the National Assembly, Hanjin Heavy Industries Hope Bus, Jeju Gangjeong Village incident, and investigations of politicians.

The first trial court ruled, "The defendant organized a public opinion response team and made those under his command write comments favorable to the government or police, forcing them to perform duties they were not obligated to do," adding, "This infringed on the freedom of police officers, causing them to feel demoralized, and violated the public's right to express opinions," sentencing him to 2 years in prison.

The second trial court stated, "The defendant's actions represent an organized and planned intervention by the police in the public opinion formation process in a representative democracy, which is against the constitutional order," and "He abused his command and supervisory authority, betraying the public's trust in the police." However, it also noted, "He was a first-time offender at the time of the crime, and fairness must be considered given that he was tried alongside a finalized defamation case. Additionally, the number of comments initially charged is significantly less compared to the number of manipulations recognized in similar 'comment public opinion response cases' conducted by other state agencies such as the Defense Security Command."

The second trial court treated some of the crimes committed by Cho during his tenure as Seoul Metropolitan Police Agency Commissioner and National Police Agency Commissioner as a single comprehensive offense, acquitted him of some of the comments listed in the indictment, and reduced the sentence to 1 year and 6 months.

The Supreme Court also agreed with the second trial court's judgment. The court stated, "There is no error in the lower court's ruling that acquitted some comments or Twitter posts in the indictment, nor did it violate the principles of logic and experience or exceed the limits of free evaluation of evidence. There was no misinterpretation of the legal principles concerning 'forcing someone to perform duties they are not obligated to do' under the crime of abuse of authority and obstruction of the exercise of rights."

Meanwhile, Cho was previously sentenced to 2 years and 6 months in prison and fined 30 million won last year for receiving a bribe of 50 million won from a construction company representative.