Most Receive Suspended Sentences or Fines
Prosecution Dismissed Due to 6-Month Lapse
The police have launched an investigation after malicious posts insulting the victims of the Jeju Airport passenger plane disaster were uploaded online. Although defamation crimes against victims have repeatedly occurred following major man-made disasters such as the Itaewon tragedy, there are criticisms that legal punishments remain lenient.
On the 2nd, Asia Economy analyzed first-instance court rulings of 12 individuals indicted for defaming the victims of the Sewol Ferry and Itaewon disasters (charges including violation of the Information and Communications Network Act, insult, and defamation of the deceased) through the Supreme Court's judgment viewing system, finding that only one case resulted in a prison sentence.
Defendant A, who received a prison sentence, posted photos on an online community insulting students who perished in the Sewol Ferry disaster while wearing the Ansan Danwon High School uniform in 2015. Defendant B, who was tried alongside A, suggested that A take photos wearing the uniform as if they were an actual Danwon High School student. The Ansan Branch of Suwon District Court sentenced both to four months in prison.
Except for these defendants, most others were sentenced to fines or suspended prison terms. Five defendants charged with distributing obscene materials under the Information and Communications Network Act for posting sexually insulting comments about the victims of the Itaewon and Sewol Ferry disasters online were fined between 1.5 million and 5 million won each.
Two defendants indicted for defamation of the deceased by posting slanderous comments about the victims received six months in prison with a two-year suspension. Defendant C posted multiple abusive comments insulting the Sewol Ferry disaster victims in an online broadcast chatroom. Defendant D was prosecuted for posting a comment claiming that the victim who died in the Itaewon disaster had visited Itaewon due to indulgence in nightlife.
On the 30th, mourners are observing a moment of silence at the joint memorial altar for the Jeju Air passenger plane accident, set up at the Muan Comprehensive Sports Park in Muan-gun, Jeollanam-do. Photo by Yonhap News
Due to the low level of punishment, only the victims' families suffer deep pain. Under current law, defamation of the deceased is a crime requiring a complaint, so collecting evidence of insults against the deceased is the responsibility of the bereaved families.
Moreover, because the complaint must be filed within six months from the date the suspect is identified, if this period passes, prosecution is not possible, and even if the case goes to trial, punishment may not be enforced. In fact, the Suwon District Court dismissed the prosecution against defendant E, who was indicted for posting insulting comments about the Sewol Ferry disaster victims on social media in 2016. The court cited that the bereaved families filed the complaint more than six months after becoming aware of E’s comments.
Legal experts analyze that the judiciary has failed to keep up with changes in crime patterns due to the development of social media, resulting in lenient punishments. Lawyer Lee Ji-hoon of Hwarang Law Office stated, "Before the development of social media, defamation often occurred through verbal transmission, which had limited spread, leading to lighter sentences. However, although the speed of spreading insulting posts online has increased, the judiciary’s sentencing remains at the previous level."
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