Claimed to Be Subjective Opinions Based on Facts
Voiced That "It Does Not Violate Social Norms"
Court Finds Use of Insulting and Malicious Expressions
Ordered to Bear All Litigation Costs
The civil court of appeals has ordered former lawmaker Cha Myung-jin to pay damages again, following the first trial, for his abusive remarks made six years ago toward the families of the Sewol ferry victims.
The Civil Division 1 of the Seoul High Court Incheon Branch (Presiding Judge Lee Hyun-woo) announced on the 27th that it ruled partially in favor of the 126 Sewol ferry victims' families who filed a damages lawsuit against former lawmaker Cha, consistent with the first trial.
The appellate court dismissed Cha’s request to overturn the first trial court’s decision ordering him to pay 1 million won in consolation damages per Sewol ferry victim family member. It also ordered him to bear all litigation costs.
The appellate court stated that the words used by former lawmaker Cha in his (internet) posts were expressions mocking or showing hatred toward the victims. It further judged that the phrase "selling children to make a living" was provocative and inhumane.
It added, "There are biased and inflammatory expressions, as well as content that personally attacks the Sewol ferry victims' families," and noted that "the degree of defamation is severe."
The appellate court elaborated, "It is difficult to conclude that the content written by former lawmaker Cha is true," and said, "It is reasonable to view that he used highly insulting and malicious expressions with the purpose of slandering the Sewol ferry victims' families."
Former lawmaker Cha argued in the appellate trial that the (internet) posts he made were subjective opinions based on facts. He also claimed, "Even if insulting expressions were used, they do not violate social norms," but this was not accepted.
The first trial court stated in December 2021, "The vocabulary used by the defendant can be seen as humiliating and contemptuous personal attacks," but also considered that "he deleted the post himself within an hour and posted an apology the next day," and thus assessed consolation damages at 1 million won per plaintiff.
Former lawmaker Cha posted insulting remarks about the Sewol ferry victims' families on his social media service (SNS) on April 15, 2019, ahead of the 5th anniversary of the Sewol ferry disaster. On Facebook, he wrote, "Sewol ferry victims' families. They greedily feed off the public’s sympathy for their children’s deaths, cooking it, steaming it, and even picking the bones clean. They really shamelessly exploit it."
He also made statements such as "Do you know about the Sewol XXX incident?" and "Reveal the black truth of the Sewol tent, whether XXX is true or not" during election debates and campaigns ahead of the April 15, 2020 general election.
Separately from the civil lawsuit, former lawmaker Cha was criminally prosecuted on charges including insult and received a sentence of six months in prison with a one-year probation in both the first and appellate trials.
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