Controversy Over Removal of ‘Kim Geon-hee Investigation’ Banner... “Defamatory Phrase” vs “Freedom of Expression”

Songpa-gu Office and Seodaemun-gu Office Remove Progressive Party Banners
Seoul City Ordinance Specifies 'Prohibition of Defamation of Specific Individuals'
Progressive Party Files Lawsuit at Administrative Court

With the 22nd National Assembly election scheduled for April 10, controversy has arisen as party banners calling for the immediate investigation of Kim Geon-hee have been forcibly removed in some areas of Seoul.

Songpa-gu Office and Seodaemun-gu Office cited the Seoul Metropolitan Government ordinance prohibiting defamation of specific individuals as the basis for the removal, but criticism has also been raised that this infringes on freedom of expression.

A banner of the Jinbo Party is displayed in Songpa-gu, Seoul.
[Photo by Jinbo Party]

"Flood of resident complaints"... District offices begin removing banners

According to the Seoul Metropolitan Council on the 18th, a partial amendment to the ordinance on the management of outdoor advertisements and the promotion of the outdoor advertising industry was passed in November last year. The bill was proposed by Heo Hun, a member of the Seoul Metropolitan Council from the People Power Party, and includes provisions that party banners must not display the real names of specific individuals to defame or insult them, in accordance with Articles 309 (Defamation) and 311 (Insult) of the Criminal Act.

Councilor Heo explained the legislative intent, saying, "The term 'specific individuals' includes all public figures. It has gone too far," and added, "Publicly defaming the real names of the president, ministers, and others should be restrained."

After the ordinance was promulgated, some district offices began administrative actions based on their own judgment. On the morning of the 8th, Songpa-gu Office requested the Progressive Party to voluntarily remove their banner, and when they refused, forcibly collected the banner around 3 p.m.

A Songpa-gu official stated, "This is not about political issues. We are following the ordinance and principles," adding, "There is a flood of complaints from residents. We want to stop banners that cause people to frown."

Seodaemun-gu Office also forcibly removed a Progressive Party banner on the 12th for the same reason of defamation and insult by displaying a specific individual's real name.

On the 17th, the Progressive Party held a press conference regarding the lawsuit to cancel the forced removal of the 'Investigation of Kim Gun-hee' banner.
[Photo by Lim Chun-han]

'Potential infringement on freedom of expression'... Progressive Party files lawsuit

Some argue that the Seoul ordinance excessively interprets defamation and insult laws. The Constitutional Court ruled in June 1999 that when judging defamation, there should be different standards depending on whether the subject is a public figure or a private individual, and whether the matter is public or private.

The Supreme Court explicitly introduced the legal principle of public figures and public matters in January 2002. Generally, criticism, monitoring, and checks on public officials do not constitute defamation unless they are malicious or grossly reckless attacks that clearly lack substantiality.

Professor Lee Chang-hyun of the Graduate School of Law at Hankuk University of Foreign Studies said, "I do not agree that the phrase 'Investigate Kim Geon-hee' itself constitutes defamation or insult," adding, "In a situation where the special prosecutor law is being discussed, this is a claim that a political party can sufficiently make as a political slogan. It seems the district offices are interpreting the law too strictly."

The arbitrary interpretation of banner content is also pointed out as a problem. The Progressive Party's banners are displayed in all 25 districts of Seoul, but only two districts are currently applying the ordinance to forcibly remove them. If administrative actions are carried out inconsistently, it inevitably raises suspicions of political motives or excessive regulation.

A Seoul city official stated, "Since it follows the Seoul city ordinance, it is judged that it should be applied uniformly," but the authority to remove banners lies with the autonomous districts.

On the 17th, the Progressive Party filed a lawsuit at the Seoul Administrative Court against Songpa-gu Office and Seodaemun-gu Office to cancel the forced removal of party banners. At a press conference that day, Yoon Hee-sook, the Progressive Party's standing representative, claimed, "The district offices removed the banners without any standards and irrationally. This is a clear violation of the rule of law and interference with party activities."