Decision Reached Unanimously by All Constitutional Court Justices
Citizens are holding pickets demanding strict punishment for adoptive parents. Photo by Yonhap News Agency
The Constitutional Court has overturned the prosecution's decision to suspend the indictment of an SBS 'Unanswered Questions' producer who revealed the face of 'Jeong-in', a child who died due to abuse by her adoptive parents. The court ruled that, given the public interest value of the report, no crime was committed.
According to the legal community on December 23, the Constitutional Court unanimously annulled the decision by the Seoul Western District Prosecutors' Office to suspend the indictment of SBS producer Lee Dongwon on December 18.
A suspended indictment means that, although the charges are acknowledged, the prosecutor decides not to bring the suspect to trial after considering various circumstances.
'Unanswered Questions' aired episodes in January 2021 titled 'Why Did Jeong-in Die? 271 Days of the Perpetrator and the Bystander' and 'Sorry, Jeong-in, and Where Our Anger Should Go', during which photos and videos exposing Jeong-in's face were released.
In response, the civic group 'Mothers in Politics' filed a complaint against producer Lee for violating the Child Abuse Punishment Act (duty to prohibit reporting), and the prosecution issued a suspended indictment in June 2023. Producer Lee filed a constitutional appeal, claiming that the decision infringed upon his rights to equality and the pursuit of happiness.
After more than two years of deliberation, the Constitutional Court determined that producer Lee's actions constituted a 'justifiable act.' The court stated, "The broadcast was produced for the public interest purpose of exposing the brutality of child abuse crimes, calling for severe punishment of the perpetrator, and promoting public discussion of preventive measures," adding, "It also holds significance as an exercise of the fundamental right to freedom of the press."
The court further explained, "In a situation where the perpetrator denied the crime, photos and videos were released and verified by experts so that viewers could make their own judgments. Except for explaining family relationships or the circumstances of the abuse, exposure of those around the victim was minimized, making it unlikely that the images would be consumed in a sensational manner."
The court continued, "Revealing the truth of the case and ensuring that the perpetrator receives punishment commensurate with their responsibility may be in the greatest interest of the deceased child victim. In fact, this coverage serves the interests of the victim."
After the broadcast, the adoptive mother, Ms. A, was found guilty of murder and sentenced to 35 years in prison, and related laws on the prevention and punishment of child abuse were revised, resulting in institutional improvements. The broadcast also received multiple journalism awards.
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