Court: "Opinion or Speculation Is the Main Intent of the Broadcast"
Former Prime Minister Lee Nak-yeon filed a lawsuit seeking damages against a YouTuber who claimed a connection between him and Shincheonji Church of Jesus, the Temple of the Tabernacle of the Testimony (Shincheonji), but lost in the first trial.
The Seoul Central District Court Civil Division 93 (Judge Choi Para) recently ruled against Lee in a 50 million won damages lawsuit he filed against a YouTuber in his 40s, Jeong Mo, according to Yonhap News on the 15th.
Jeong, who runs the political and current affairs YouTube channel 'Sisa Geongun,' posted a video in June 2023 titled "I will show you definite evidence that Lee Nak-yeon joined hands with Shincheonji." In the video, he claimed, "Lee Nak-yeon started wearing a 'butterfly,' which symbolizes Shincheonji," and "In Shincheonji theory, Noah stayed in the ark for 1 year and 17 days, and Lee Nak-yeon mentioned twice to his supporters that his return from studying in the U.S. was 'only 1 year and 17 days,'" raising allegations of Lee's connection to Shincheonji. In response, Lee stated that he has no connection to Shincheonji and is not a believer, and that Jeong irresponsibly broadcast falsehoods forcibly fabricated. He filed a damages lawsuit and a defamation complaint against Jeong in September of the same year.
The court stated regarding the promotional thumbnail of Jeong’s video titled "Lee Nak-yeon is Shincheonji?! Clear evidence has emerged," that "YouTube videos typically use catchy, summarized titles and thumbnails that preview the content. Considering the nature of this medium and the current times, even if the title or thumbnail contains potentially misleading or somewhat exaggerated expressions, the entire content of the video must be assessed objectively and comprehensively to determine whether it states facts." The court further explained, "Watching the entire broadcast shows that the defendant’s opinion or speculation that 'the plaintiff may be connected to Shincheonji' is the main intent of the broadcast," and "Overall, it is an expression of opinion or raising suspicion."
Earlier, the Seoul Southern District Prosecutors’ Office dismissed the criminal complaint against Jeong in August last year, stating, "The manner of expression was in the form of opinion or speculation and did not explain specific facts in a definitive tone," and "It is difficult to consider it as stating facts, and there is insufficient evidence to recognize the alleged facts."
Initially, in April last year, the Seoul Central District Court issued a decision (compulsory mediation) ordering the defendant (Jeong) to pay the plaintiff (former Prime Minister Lee) 5 million won and to broadcast an apology. It also required Lee to withdraw both the criminal complaint and the damages lawsuit against Jeong. However, both parties objected to the court’s mediation proposal, and the case proceeded to a formal trial. Compulsory mediation is a civil procedure where the court resolves disputes by setting reconciliation terms without issuing a judgment. If either party rejects the mediation proposal, the mediation fails.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
