Yang Bunam of the Democratic Party Proposes Amendment to Criminal Act
New Provision Introduced for "Insulting a Specific Group"
Yang Bunam, a member of the Democratic Party of Korea, has proposed an amendment to the Criminal Act that would impose criminal penalties for insulting a specific country or its people, or for defaming them with false information. Although the bill does not specify any particular country by name, it references a case involving China in its statement of purpose, sparking controversy over whether it is effectively an "anti-China hate speech law."
On September 19, right-wing groups held an anti-China rally and began marching, and the police were blocking the road leading to Myeongdong Street. Photo by Yonhap News
According to the National Assembly's legislative information system on the 6th, Assemblyman Yang Bunam sponsored the partial amendment to the Criminal Act on the 4th, which introduces new criminal offenses for defamation and insult against a specific country or race based on false information.
The amendment stipulates that "anyone who publicly defames a specific country, the people of a specific country, or a specific race by presenting false information shall be punished by imprisonment for up to five years, disqualification for up to ten years, or a fine of up to 10 million won." It also establishes a new provision for "insulting a specific group," stating that "anyone who publicly insults a specific country, its people, or a specific race shall be punished by imprisonment or detention for up to one year, or a fine of up to 2 million won."
In his statement of purpose, Assemblyman Yang said, "Recently, hate speech against certain countries and races has been rampant both online and offline, fueling social conflict." He pointed out, "At the recent National Foundation Day rally, some participants sang the 'Jjangae Song' and spread false claims about 'Chinese interference.'" He added, "Under current law, defamation or insult charges can only be established if there is a specific victim, making it difficult to punish hate speech targeting groups. Organizers and participants of anti-China rallies are exploiting this loophole."
The amendment also specifies that it will not be subject to "crimes not prosecuted against the victim's will" or "crimes prosecuted only upon complaint," allowing investigative authorities to initiate investigations ex officio even if the victim does not file a complaint.
The bill sponsored by Assemblyman Yang has nine co-sponsors from the Democratic Party of Korea (Lee Gwanghee, Shin Junghoon, Park Junghyun, Yoon Kunyoung, Lee Sangshik, Park Kyuntaek, Heo Sungmoo, Seo Youngkyo, and Kwon Chilsung) and one independent lawmaker, Choi Hyukjin, making a total of ten co-sponsors.
An official from Assemblyman Yang's office explained, "Although the bill mentions the case involving China, it would, of course, also apply to defamation against other countries or races. We also referenced legislative examples of group defamation from overseas."
The People Power Party strongly opposed the bill. Lee Chung-hyung, spokesperson for the People Power Party, criticized, "The government and ruling party turn a blind eye to anti-American protests by the Korean Confederation of Trade Unions, but now want to punish criticism of China, which is an attempt to muzzle the public." Lee Jaeneung, media spokesperson for the People Power Party, also wrote on Facebook, "The Constitution does not punish 'anti-American movements' on the grounds of freedom of expression. But is criticizing the system or security threats of a communist country now a reason for imprisonment?"
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