"Reported 'There is a Couple in the Union' and Was Charged with Defamation
First and Second Trials Acquitted... 'No Possibility of Widespread Dissemination'"
A bus driver was indicted on charges of defamation for telling another employee that there was a romantic relationship within the company labor union. However, the court acquitted him in both the first trial and the appeal.
A(56), a city bus driver, learned in 2019 that the union secretary and the chairman were in a romantic relationship and called the union branch president to inform him that "the secretary has a lover."
At the time, he reportedly told the branch president, "The secretary handed the phone to his lover, but I was surprised to hear the chairman's voice, so I hung up."
Accordingly, A was indicted on November 10 last year on charges of defamation, but the first trial court acquitted him. Although A made the statement, the branch president testified that "while driving the bus, he heard the story over the phone and did not tell anyone other than the secretary involved," which was a basis for the acquittal.
Furthermore, although the branch president once told the union organization chief, "Make sure no unsavory stories about the secretary come out," the court judged that this statement alone did not clearly prove whether the story heard from A was passed on as is.
Even if it was passed on as is, considering that all related individuals were union members, it was difficult to conclude that the information was spread to unspecified or numerous people. The court also took into account that unsavory rumors about the secretary had been circulating within the company even before A relayed the story.
The prosecution appealed, stating, "Based on the circumstantial evidence, it is reasonable to believe that what A told the branch president was passed on to the organization chief as is, and even if there were rumors about the secretary, it is likely that A spread the rumors by adding specific factual details."
However, on the 2nd, the Criminal Appeal Division 3 of the Seoul Eastern District Court (Presiding Judge Heo Ilseung) dismissed the appeal and acquitted A, the same as in the first trial.
The appellate court stated, "There is no indication that the original judgment was affected by factual errors or misinterpretation of the law," and "The original court’s decision to acquit based on the above evidence assessment is justified and acceptable," thus upholding the original verdict.
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