Driver Who Swore and Provoked a Fight: Prosecutors Say "Rude, But Not Defamation"

Assault Results in 500,000 Won Fine, Defamation Charge Dismissed
Han Moonchul: "You Must Appeal Immediately"

The driver in the opposite lane is verbally abusing and displaying aggressive behavior toward the informant while waiting at a traffic signal. Screenshot from Han Moonchul TV on YouTube

A story has emerged about a motorcycle rider who was verbally abused by another motorcyclist following behind while waiting at a traffic signal and proceeded to file a criminal complaint, only to have the prosecution find the accused not guilty.

On December 3, a video titled "If this isn't defamation, then what is? What do you think?" was uploaded to 'Han Moonchul TV,' a YouTube channel run by traffic accident attorney Han Moonchul.

In the video, a motorcycle rider stopped at a red light after the pedestrian signal turned on. Suddenly, a honking sound came from behind, followed by verbal abuse: "Get out of the way, you XXXX." The rider responded, "Are you saying that to me?"

When the rider angrily asked, "Why are you swearing? Do you know me?" the other replied, "You want to fight?" and got off the motorcycle, approaching the rider aggressively. After several exchanges, the other rider said, "Go ahead and report me. I did nothing wrong," and attempted to leave the scene.

Subsequently, the rider filed charges against the other for assault and defamation. As a result, the assault charge led to a summary order of a 500,000 won fine, but the defamation charge was dismissed as not guilty.

Attorney Han Moonchul is explaining the non-prosecution decision document related to the case. Screenshot from YouTube Han Moonchul TV

According to the prosecution's non-prosecution decision document, "While the victim's remarks may be considered somewhat rude from the complainant's perspective, it is difficult to objectively conclude that the remarks themselves are sufficient to lower the complainant's social evaluation of personal value."

Attorney Han Moonchul expressed disbelief, saying, "If this isn't defamation, then what is? File an appeal. You must appeal within 30 days of receiving the decision."

Online commenters shared a variety of reactions, such as, "So if you say that to a prosecutor on the street, it's not a crime?", "Would the result be the same if you did that to the prosecutor?", and "Is it impossible to punish people like that by law?"