O Tae-wan, Uiryeong County Governor, Avoids Removal from Office for "False Accusation Against Molestation Victim" ... Fined 7 Million Won on Appeal

O Tae-wan, Governor of Uiryeong County in Gyeongsangnam-do, who was sentenced to removal from office in the first trial after being sued for falsely accusing a victim of sexual assault, will be able to retain his position following the appellate court ruling.

The Criminal Division 1 of the Changwon District Court (Presiding Judge Lee Jooyeon, Judges Kwak Richan and Eo Seungwook) on January 13 overturned the original verdict in the appellate trial on Governor O's false accusation charge and sentenced him to a fine of 7 million won.

Previously, on June 17, 2021, Governor O was indicted for countersuing Reporter A for false accusation and defamation after being sued for forcibly molesting her by grabbing her hand and making sexually harassing remarks during a press meeting with county office reporters at a restaurant in Uiryeong County.

In April last year, the first trial court sentenced Governor O to eight months in prison, suspended for two years.

Both sides appealed the verdict, citing excessive sentencing, and during the final hearing held last year, the prosecution requested a sentence of one year and six months in prison for Governor O.

Regarding the charge of forcible molestation, the Supreme Court in March last year finalized a sentence of a 10 million won fine and a mandatory 10-hour sexual violence treatment program for Governor O.

Elected public officials are deprived of their positions if they receive a final conviction of imprisonment or heavier punishment in a criminal case.

O Tae-wan, Governor of Uiryeong County, Gyeongsangnam-do, is answering reporters' questions immediately after the appellate court ruling related to the victim's false accusation charge. Photo by Lee Seryung

The appellate court stated, "False accusation is a serious crime that not only obstructs the state's criminal justice function and wastes investigative resources, but also puts the falsely accused at risk of unjust criminal punishment," adding, "Governor O's false accusation was neither trivial in its commission nor in its nature, and it constituted secondary harm to a victim of a sex crime."

However, the court also noted, "We took into consideration that Governor O belatedly admitted to and reflected on his crime, that he has no prior record of punishment exceeding a fine or of similar offenses, and that he paid 300 million won to Reporter A and reached a settlement, with Reporter A expressing no desire for punishment. Given these sentencing factors, the original sentence is deemed excessive and unjust."

After the verdict, Governor O told reporters, "First, I would like to express my apologies to the residents of the county," and added, "Due to my carelessness and various shortcomings, I have caused a great deal of concern to the people of Uiryeong."

He continued, "I have apologized to the victim several times, and that is why a settlement was reached and a letter of non-punishment was submitted."

He further stated, "Above all, I am most sorry to the residents. As always, I intend to repay the concern I have caused by working even harder. I will do my utmost in county administration to further accelerate the development of Uiryeong."

Regarding whether he would seek re-election in the local elections after his term ends in June, he replied, "I will follow the will of the residents."