Supreme Court Confirms Probation for Reporter Who Published Real Name of Figure Skating Coach Accused of Student Abuse

Even if the victim's consent was obtained and the real name and face of the child abuse perpetrator were reported, the Supreme Court ruled that it violates current law.

According to the legal community on the 29th, the Supreme Court's First Division (Presiding Justice Kim Seon-su) recently finalized the lower court ruling that suspended the sentence of a 1 million won fine for JTBC reporter Song, who was indicted for violating the Child Abuse Punishment Act (violation of reporting prohibition duty). A suspended sentence means that when the circumstances of the crime are minor, the court acknowledges guilt but postpones sentencing, and if two years pass from the suspension date, the sentence is considered dismissed.

Supreme Court

Reporter Song disclosed the name and face of figure skating coach Mr. A, who was reported to have abused a child during lessons on September 2, 2019. It is known that consent was obtained from the parents of the victim child during this process. The Child Abuse Punishment Act prohibits newspaper and broadcasting personnel from reporting personal information of child abuse perpetrators, victim children, and complainants or reporters.

In court, Reporter Song argued that the report was to prevent child abuse and that the consent of the victim child's parents negated the illegality. However, the first trial court rejected Song's claim and ruled guilty. The first trial court stated, "As a result of the report, the personal information of the victim children was likely widely known," and "Although the motive or purpose of the report is recognized as legitimate, it is difficult to see that the means or methods of the act met the requirements of appropriateness, urgency, and subsidiarity." The second trial court also dismissed Song's appeal, stating, "The parents' intention to report identifying information does not necessarily reflect the victim child's will," and "Even if the victim child expressed a desire for the report, it cannot be concluded that such reporting methods help the child's healthy growth."

Song appealed, but the Supreme Court dismissed it, stating, "There is no error in the lower court's judgment regarding justifiable acts and victim consent." Additionally, former JTBC anchor Son Seok-hee, a co-defendant who reported the case at the time, had a fine confirmed by a summary order. Former anchor Son was also summarily indicted and fined 3 million won for assaulting freelance reporter Kim Woong in connection with this case.