Assault on Free Speech: YouTuber Choi Tae-woon Imprisoned for 2 Years for “Defamation”

2021-9-16, Tara O

On August 13, 2021, Choi Tae-woon (최태운) (in his 30s), who ran a YouTube channel Saeng-gak Modeum Jjigae (생각모듬찌개, assorted thoughts stew), was sentenced to 2 years in prison for “defamation and insult” by Chief Judge Jung Seong-gyun (정성균), Uijeongbu District Court Criminal Law Division 13.  Choi was immediately taken to prison.  The lawsuit was brought on by a couple Park Cho-hee (박초희) and Kim Tae-yang (김태양), who have strong support from the ruling Democratic Party of Korea (Deobureo Minjoo Party).

Judge Jung stated that it is a grave crime to use the real names and photos of the couple, Park Cho-hee and Kim Tae-yang.  He also stated that Choi Tae-woon saying he will say what is right no matter who feels insulted during the trial is a “further crime” and that he was “not repentant for his crimes.”  The judge also pointed out that Choi stated that responsibility goes along with freedom on his video, and stated Choi “may be free to say what he says, but there is an urgent need to make him realize, through incarceration, that there are severe legal consequences.” Choi was imprisoned right away after the sentencing.  The maximum sentence for defamation, if it is based on truth, is 2 years; if the defamation is deemed to be based on false information, then the maximum jail sentence is 5 years.  Choi filed for an appeal on August 17, 2021.

The judge also made an issue of another topic of Choi’s video, which was about the Sewol Ferry threesome sex scandal, a taboo topic that also brought a defamation law suit to former lawmaker Cha Myong-jin (차명진).  See here for the threesome story and here for the Sewol Ferry group’s lawsuit against Cha for mentioning the sex scandal.

Choi also had called the hotline for reporting spies to report President Moon Jae-in as a spy.  See here for a transcript of the awkward phone conversation as he got passed around like a hot potato from agency to agency.  The Assorted Thoughts Stew channel was deleted in March 2021.

The video in question was the one on May 11, 2020, in which Choi discussed the “Min-sik Law” and its harmful effects.  For that, Park Cho-hee and Kim Tae-yang, Kim Min-sik’s parents, sued Choi for defamation.  In September 2019, Kim Min-sik died in a car accident in a school zone in front of a middle school in Asan, South Chungcheong Province.  The driver was going below the speed limit of 30 km/hour (18 miles/hour), but could not stop or swerve in time, when Min-sik appeared in front of the moving car.

Shortly after the accident, the public opinion was quickly formed by entertainment documentary, government-supported TV, the National Assembly, and other forums, where Park Cho-hee and Kim Tae-yang appeared to tell their stories about their son.  Without proper policy discussions of pros and cons, the ruling Deobureo Minjoo Party (Democratic Party of Korea) rapidly introduced the “Min-sik Law.” It is actually two laws titled “Amendments to the Road Traffic Act” and “Amendments to the Aggravated Punishment Act for Certain Crimes” (도로교통법 개정안과 특정범죄 가중처벌법 개정안), which passed the legislature in December 2019, and went into effect on March 25, 2020.  

This law was quickly introduced around the time when the ruling party wanted to push through the Gongsoocheo Act (which creates an investigative body targeting high-ranking officials) and the Amendments to the Election Act dealing with the Interlocked Proportional Representatives System, which the ruling party rammed through without the main opposition United Future Party  (UFP), because the opposition party opposed the latter two Acts.  See here and here for details on the Gongsoocheo Act and the Election Act.  The ruling party accused the opposition party of holding the “Min-sik Law” hostage, when UFP did not vote to pass the Gongsoocheo Act and the Election Act amendments.

Before the revision, if there’s a death in a car accident in a school zone, the punishment was up to 5 years imprisonment or a fine of not more than ₩50,000,000 ($42,750).   After the revision, the punishment is a life sentence with a minimum of 3 years if there is death of a child (13 years or younger), and if the child is injured, then 1.5 years to 15 years of imprisonment or a fine between ₩5,000,000 ($4,275) to ₩30,000,000 ($25,650).  Such severe punishment led to voices of concern and opposition.

After the passage of the law, people began petitions to change or eliminate the “Min-sik Law.”  One public petition stated that the driver drives carefully in school zones, because it is difficult to tell when a child may suddenly come out between the parked cars onto the road.  While the driver of course is careful and mindful, the driver is too scared to drive in the school zone with such a draconian law. 

Another asks for retracting the Amendments to the Road Traffic Act and Punishment Act, questioning whether the laws really are for the citizens.  The petitioner expresses condolences for Kim Min-sik’s death, but noted the emphasis of the laws are on punishment, rather than prevention.

Yet another concern is for emergency vehicles—fire trucks, police cars, and ambulances.  If they go faster than 30 km/hour (18 miles/hour) and get into an accident in a school zone while responding to an emergency call, such as a fire at the school, the drivers of these vehicles are punishable as well.

Choi discussed these issues on his video.  He also played a recording of his conversation with the driver’s wife.  The wife said the driver apologized, but Park and Kim refused to accept it, and that was in the police report.  Choi pointed out that Park and Kim went on TV to say that the driver did not apologize, so they contacted the driver first.  Choi asked if what Park and Kim said was not true.  The woman said the fact of the driver apologizing is in the police report and the prosecutor’s report.  She also said Park and Kim went to the police chief’s office and caused a ruckus for not jailing the driver, and said they do that because they know they have the support of the Democratic Party’s lawmakers. Further, the wife said Samsung Insurance offered Park and Kim ₩400,000,000 (~$342,000), but they demanded  ₩700,000,000 (~$600,000), which was confirmed to be true.  Choi also asked if the 2-years jail sentence that her husband received is finalized.  The woman said yes, it is finalized, but Kim went to the police station to demand more years of imprisonment, saying 2 years is not enough.

Netizens’ comments:

• Min-sik’s parents appeared on TV and claimed that the accident was due to speeding, but this was found to be a lie.  They knew it, yet they used that (the lie) to create a petition to gather public signatures.  Can they be punished for that?
• I have a legal question.  Can the driver sue Park and Kim for defamation using false information?  While Min-sik passed away from a car accident, it was not because he followed the rules in proper street crossing and not because the driver sped, but Min-sik’s parents lied to the public about these things and greatly defamed the driver.
• Ordinary people with common sense will support Assorted Thoughts Stew YouTuber.
• Wow, they sued him for that?  Min-sik’s parents’ level
• The driver is also a victim.  What is he supposed to do when someone just pops out onto the street?

Although the above provides background on the topic, on which the defamation lawsuit is based, the key issue here is freedom of speech.  A citizen receiving two years of jail for “defamation” is not only excessive, but it is suppression of freedom of speech and a violation of human rights.  This is not the first imprisonment case under the Moon administration.  More and more YouTubers on the opposite side of the current administration are being jailed for defamation.  This lawfare and suppression of free speech must stop, and Choi should be released from prison immediately.