A person who received a suspension of indictment for posting a disparaging comment on an article about a celebrity in an online community has been granted relief by the Constitutional Court.
According to the legal community on June 1, the Constitutional Court unanimously overturned the Bucheon Branch of the Incheon District Prosecutors' Office's suspension of indictment against individual A on May 29.
In August 2021, A saw an article on an internet site reporting that broadcaster B would resume activities on YouTube and posted a comment saying, "You committed fraud so blatantly, what now." B had produced "Naedonnaesan" (meaning "what I bought with my own money") content on YouTube, but it became controversial when it was revealed that B had actually received product placement (PPL) from outside companies. Following the controversy, B refrained from public activities and went into self-reflection.
The prosecutor determined that A was guilty of insult and issued a suspension of indictment in January 2022. A suspension of indictment means that, although the charges are acknowledged, the prosecutor decides not to refer the suspect to trial after considering various circumstances. While this avoids criminal punishment, it is still a determination by investigative authorities that a crime has been established, and can sometimes result in disadvantages such as disciplinary action. In response, A filed a constitutional complaint seeking to have the disposition canceled.
The Constitutional Court found that it was difficult to establish the crime of insult against A. The Court stated, "This is merely an abstract expression at a minor level, containing a critical opinion or negative sentiment regarding the victim's past product placement, and while it may cause the victim to feel unpleasant, it is difficult to conclude that it undermines the social evaluation of the victim's personal value to a significant degree."
The Court also noted that, in addition to A, a considerable number of people who read the article at the time posted critical comments, and that A's expression was not excessively insulting or malicious. On these grounds, the Court determined that A's action did not violate social norms under the Criminal Act and therefore lacked unlawfulness.
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