Can Legal Responsibility Be Held for Raising Allegations About Yoon and Han Dong-hoon's Drinking Party in Cheongdam-dong?

If False, Immunity Exceptions Apply
Credibility of Cellist's Statement Also Important

[Image source=Yonhap News]

[Asia Economy Reporter Jang Se-hee] Minister of Justice Han Dong-hoon has announced civil and criminal lawsuits in response to the remarks made by Kim Ui-gyeom, a member of the Democratic Party of Korea, regarding the ‘Cheongdam-dong drinking party suspicion,’ drawing attention to the possibility of legal punishment.

On the 28th, President Yoon Seok-yeol expressed displeasure over the drinking party suspicion involving Minister Han, calling it "low-level and childish fake news agitation." Minister Han also warned of a tough response, stating that this time it must be different.

The key issue is whether parliamentary immunity applies. According to Article 45 of the Constitution of the Republic of Korea, members of the National Assembly are not held accountable outside the Assembly for statements and votes made in the course of their duties within the Assembly. Since Representative Kim raised the suspicion during the National Assembly’s audit in his capacity as a member of the Assembly, it is expected that he would not bear civil or criminal responsibility. However, if Representative Kim knowingly raised the suspicion despite it being clearly false, the situation changes. In 2007, the Supreme Court ruled that "if the content of the statement is clearly false and is made to defame another person, it cannot be protected by parliamentary immunity."

The collaboration method between Representative Kim and The Tam Sa (The Tam Sa is a YouTube channel) is also important. It will be crucial to determine whether any joint work was conducted outside the National Assembly. Kim Ki-hyun, a member of the People Power Party, also stated, "Since the collaboration has been admitted, they are subject to criminal punishment for participating in The Tam Sa’s criminal acts and are not covered by parliamentary immunity."

On the 24th, during the National Assembly audit targeting the Ministry of Justice and others, Representative Kim raised suspicions that Minister Han had a drinking party on July 19-20 at a luxury bar in Cheongdam-dong, Gangnam-gu, Seoul, with President Yoon, about 30 lawyers from Kim & Chang, and Lee Se-chang, the former acting president of the Federation of Korean Freedom Associations. On the same evening, The Tam Sa uploaded the same content on YouTube.

Going forward, the police are expected to investigate the credibility of the cellist’s statements in the recording. To punish Representative Kim, it must be determined whether the drinking party actually took place. A police officer working in the frontline investigation department said, "It is necessary to first verify whether the content of the recording is true." If the cellist’s statements are false, it would constitute defamation by false facts. However, if true, it must be examined whether there was intent to defame their reputation. There is speculation that the man who released the recording may be liable for defamation against women.

Attorney Chae Da-eun of Law Firm Siwoo stated, "If the content is not true, it could constitute defamation by false facts," adding, "Even if it is true, it is a matter that could be recognized as public performance, and it may be difficult to argue that there was no intent to defame."