Former Minister of Justice Han Dong-hoon’s former position as head of the Anti-Corruption and Strong Crime Division at the Supreme Prosecutors' Office was mentioned when former Roh Moo-hyun Foundation director Yoo Si-min stated that he had examined the accounts of the Roh Moo-hyun Foundation and himself. Yoo Si-min’s conviction for defamation of Han was finalized.
On the 17th, the Supreme Court’s 3rd Division (Presiding Justice Noh Jung-hee) dismissed both the prosecution’s and Yoo’s appeals in the defamation case by radio broadcast and upheld the original ruling, sentencing Yoo to a fine of 5 million won.
Former Chairman Yoo Si-min of the Roh Moo-hyun Foundation. (Photo by Roh Moo-hyun Foundation YouTube capture). [Image source=Yonhap News]
The court explained the reason for dismissing the appeals, stating, "There is no error in the lower court’s judgment that violated the rules of logic and experience, exceeded the limits of free evaluation of evidence, or misinterpreted the law regarding the establishment of defamation by radio broadcast."
Yoo was indicted on charges of defamation for stating on a radio broadcast in April and July 2020 that Minister Han had surveilled his accounts while referring to the 'Channel A reporter-prosecutor collusion' allegations.
In December 2019, Yoo said on his YouTube broadcast 'Yoo Si-min’s Alileo,' "Although I will not disclose how I confirmed it at this time, I have confirmed that the prosecution looked into the main bank account of the Roh Moo-hyun Foundation."
Afterward, Yoo continued raising suspicions on radio broadcasts, saying, "When Han Dong-hoon, then head of the Anti-Corruption and Strong Crime Division, was monitoring me in real time at the Supreme Prosecutors' Office during the Cho Kuk incident while I was running Alileo," and "It is a lie to say there was no interest. So they thought, 'We can’t leave this as it is. Let’s find something,' and it seems they also looked into the Roh Moo-hyun Foundation’s accounts..."
On July 24, 2020, when the prosecution’s Channel A case investigation review committee was held, Yoo pointed to former Minister Han on a radio broadcast, saying, "It was judged highly likely that the Anti-Corruption and Strong Crime Division, where Prosecutor Han Dong-hoon was, looked into the Roh Moo-hyun Foundation’s accounts."
However, Yoo issued an apology statement through the foundation in January 2021.
In the statement, he said, "Everyone has the right to raise suspicions, but when exercising that right, one must bear the responsibility to prove it," and "However, I failed to prove the suspicions I raised. I judge that those suspicions were not true."
He added, "Above all, I sincerely apologize to all those involved in the prosecution for causing suspicion that the prosecution surveilled me due to false allegations," and "I do not think an apology alone is sufficient, and I will humbly accept any form of accountability."
In March 2021, former Minister Han filed a civil lawsuit against Yoo seeking 500 million won in damages.
At that time, Han’s side stated, "This is a claim for damages against Yoo for maliciously spreading fake news over about one and a half years that 'Prosecutor Han tracked Yoo Si-min’s related accounts at the Supreme Prosecutors' Office’s Anti-Corruption Division in late November or early December 2019 for a background investigation on me.'"
Han’s side also pointed out, "Despite multiple official denials by Prosecutor Han from September 2019 to December 15, 2020, Yoo repeatedly spread these false facts on his YouTube broadcast 'Yoo Si-min’s Alileo' (December 2019), MBC’s 'Kim Jong-bae’s Focus' exclusive interview (on the morning of July 24, 2020, the day of the prosecution investigation review committee on Prosecutor Han), Sisa Journal exclusive interview (August 11, 2020), and the Roh Moo-hyun Foundation special broadcast 'I Want to See Us Together' (December 15, 2020)," and "Such 'fake news' was infinitely propagated through social networking services (SNS), etc."
Meanwhile, the first trial court in the criminal case judged that Yoo did not have awareness of falsehood regarding his April 2020 remarks, but found awareness of falsehood in the July remarks and ruled guilty, sentencing him to a fine of 5 million won.
The prosecution appealed, arguing that the April 2020 remarks also had sufficient falsehood. Yoo’s side also appealed, claiming that these remarks should be regarded as expressions of opinion rather than factual statements, and even if they were factual statements, there was no difference between the April and July remarks, so the first trial court’s differing judgment on awareness of falsehood was incorrect.
The second trial court, like the lower court, judged that Yoo’s April 2020 remarks could not be seen as having awareness of falsehood considering that the specific details of what happened between Minister Han and the Channel A reporter were not clarified at that time.
Regarding the July remarks, considering that the conversation transcript between Minister Han and the reporter had already been disclosed, the court judged that Yoo could have sufficiently known that Minister Han did not investigate or surveil him or his accounts.
The court stated, "Considering the timing and circumstances of the remarks, it is recognized that there was an intent to defame," and "The prosecution’s and defendant’s claims of factual or legal errors are all rejected," thus dismissing both appeals.
The Supreme Court also found no problem with the second trial court’s judgment.
The prosecution had sought a one-year prison sentence for Yoo in both the first and second trials.
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