Lawmakers criticise Daegu court acquittal over post calling May 18 movement a 'riot'
In short
At a National Assembly audit in Daegu on 20 October, lawmakers criticised a Daegu District Court appeals ruling that acquitted a man who described the May 18 Democratisation Movement as a 'riot' online. The court had overturned a 1 million won fine, finding the post an expression of opinion rather than a false statement of fact. The court head questioned said the ruling is not final and the Supreme Court is expected to decide.
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Lawmakers on the National Assembly Legislative and Judiciary Committee criticised on 20 October a Daegu District Court appeals ruling that acquitted the author of an online post calling the May 18 Democratisation Movement a 'riot'. The committee held its audit at the Daegu High Court in Suseong District, Daegu, covering the Daegu and Busan high courts and the courts under them. Yonhap said lawmakers from ruling and opposition parties criticised the ruling in succession. [ 1 , 2 , 3 , 4 ]
Democratic Party lawmaker Kim Dong-a asked whether the May 18 Democratisation Movement was a riot, cited the dictionary meaning of the word and asked whether this was fact or opinion. According to Yonhap and Kukmin Ilbo, he also asked whether the bereaved families and participants in the movement were rioters. He said ruling and opposition parties were pushing to put the movement into the preamble of the Constitution and told the Daegu District Court to provide proper constitutional education. [ 1 , 2 , 3 , 4 ]
Kim Yong-min, also of the Democratic Party, said the May 18 movement and a riot are clearly opposite concepts and that he did not understand why an acquittal came when a special law was enacted to punish disparaging the movement. Newsis quoted him as saying whether something is a riot can be proven and asking how it could be an opinion. Yonhap reported he said the first trial saw a false statement of fact while the second saw an opinion, and that the Supreme Court had found the 'riot' wording in Chun Doo-hwan's memoir false and recognised liability for damages. [ 2 , 3 , 4 ]
Son Sol of the Progressive Party asked how agreeing with the claim of Chun Doo-hwan, whom she called an insurrection offender, could be an opinion rather than a false statement of fact, and said the ruling should match public common sense. Yonhap and Kukmin Ilbo reported she cited rulings at the Seoul Central District Court and the Ansan branch of the Suwon District Court on similar expressions and asked whether a defendant is acquitted only in Daegu. [ 1 , 2 , 3 , 4 ]
Newsis reported that Kang Dong-myung, head of the Daegu District Court, answered that he does not think it was a riot and that the panel probably judged the post an opinion, not a fact. Newsis also quoted Kang telling Kim Yong-min that the Supreme Court is expected to make the final decision. Yonhap and Kukmin Ilbo instead named Yoon Jong-gu, head of the Daegu High Court, as the one who said the second-instance ruling is not final and the Supreme Court is expected to decide; Yonhap also quoted him saying he does not think it was a riot. [ 1 , 2 , 3 , 4 ]
Daegu District Court appeals panel 2-3, led by presiding judge Lee Sang-gyun, overturned the lower court's 1 million won fine and acquitted a man charged under the special law on the May 18 Democratisation Movement. Yonhap and Kukmin Ilbo said the ruling came on 16 October and the man is in his 40s; Newsis gave his age as 45. He was charged over a post in May 2021 on the online community Ilgan Best Storage (일간베스트 저장소, 'Ilbe'). The panel said it was hard to conclude that calling the movement a 'riot' went beyond an opinion to spread false facts, and that this did not mean the content matched historical assessment or that the expression was justified. [ 1 , 2 , 3 , 4 ]
Why it matters
The audit shows the ruling being challenged in parliament, with lawmakers questioning how the acquittal fits the special law on the May 18 movement. The case may still go to the Supreme Court, according to the court head who answered questions.
Key facts
- The National Assembly Legislative and Judiciary Committee held an audit on 20 October at the Daegu High Court in Suseong District, Daegu, covering the Daegu and Busan high courts and courts under them. [ 1 , 2 , 3 ]
- Daegu District Court appeals panel 2-3, presiding judge Lee Sang-gyun, overturned a 1 million won fine and acquitted a man charged under the special law on the May 18 Democratisation Movement. [ 1 , 2 , 3 , 4 ]
- The man was charged over a 2021 internet post describing the May 18 Democratisation Movement as a 'riot'. [ 1 , 2 , 3 , 4 ]
- The appeals court said it was hard to conclude that calling the movement a 'riot' went beyond an opinion to spread false facts, and that this did not mean the post matched historical assessment or that the expression was justified. [ 1 , 2 ]
- Democratic Party lawmakers Kim Dong-a and Kim Yong-min and Progressive Party lawmaker Son Sol criticised the ruling. [ 1 , 2 , 3 , 4 ]
- The court head questioned said the second-instance ruling is not final and the Supreme Court is expected to make the final decision. [ 2 , 3 , 4 ]
Confirmed by several sources
- The Daegu District Court appeals panel overturned a 1 million won fine and acquitted a man over a post calling the May 18 Democratisation Movement a 'riot'. [ 1 , 2 , 3 , 4 ]
- Lawmakers at the 20 October audit criticised the acquittal. [ 1 , 2 , 3 , 4 ]
- The court head answering said the appeals ruling is not final and the Supreme Court is expected to decide. [ 2 , 3 , 4 ]
Still unclear
- Who answered the lawmakers' questions at the audit. Newsis names Kang Dong-myung, head of the Daegu District Court, while Yonhap and Kukmin Ilbo name Yoon Jong-gu, head of the Daegu High Court.
- When the appeals ruling was issued. Yonhap and Kukmin Ilbo say 16 October; Newsis gives no date for the ruling.
- Exact date of the post. Newsis (second version) says 19 May 2021 on the Ilbe Storage site; Yonhap and Kukmin Ilbo say only May 2021 on the community 'Ilgan Best Storage' (Ilbe).