"Acquittal Finalized for Teacher Baek Geumryul Over Criticism of Yoon Administration... Supreme Court Dismisses Prosecution's Appeal"

No Intent to Oppose a Specific Party
First Ever Acquittal Finalized
Minbyun Welcomes Judicial Ruling

'Soriggun Teacher' Geumryeol Baek.

The Supreme Court has finalized an acquittal for Baek Geumryul (53), a teacher who was indicted for violating the duty of political neutrality by singing songs criticizing the sitting president and making political remarks at a national rally. This ruling is interpreted as a reaffirmation of the judiciary's commitment that, even for public officials, the freedom of personal political expression unrelated to their official duties must be broadly protected.

The Supreme Court's Second Division (Presiding Justice Eom Sangpil) on the 12th upheld the lower court's acquittal in the appeal trial of Mr. Baek, who had been charged with violating the National Public Service Act. The Supreme Court stated, "There was no error in the lower court's understanding of the legal principles regarding the prohibition of political activities under the National Public Service Act," thereby dismissing the prosecution's appeal.

Mr. Baek, who works as a Chinese character teacher at a middle school in Gwangju, participated three times between April and November 2022 in national rallies held in Seoul, Gwangju, and other locations, calling for the normalization of the prosecution and the resignation of President Yoon Suk Yeol. As an active 'soriggun' (traditional singer), Mr. Baek was indicted for taking the stage at these rallies, making statements critical of President Yoon and his family, and singing a satirical version of the folk song "Boat Song" targeting the current administration.

At the time, prosecutors determined that Mr. Baek, as an education public official, engaged in political activities opposing a particular party or politician and thus applied charges under the National Public Service Act. Under current law, public officials are strictly prohibited from participating in political activities such as rallies or demonstrations to support or oppose a specific political party.

However, during the trial, fierce legal debates ensued over whether Mr. Baek's actions constituted a "breach of the duty of political neutrality" or fell under "individual freedom of expression."

The first trial at Gwangju District Court found Mr. Baek guilty. The court held, "Given the nature of the rallies and the content of the remarks, there was a clear political character opposing the current conservative administration," and sentenced him to eight months in prison, suspended for two years, with a one-year suspension of qualifications. The court cited a significant risk to the political neutrality of public officials.

However, the verdict in the appeals trial was completely different. The appellate court ruled, "Public officials, as citizens, also possess political freedoms," and acquitted Mr. Baek. The court pointed out, "If the 'political purpose' prohibited by the National Public Service Act is interpreted too broadly, it could seriously undermine the basic right of freedom of expression for public officials." It further stated, "Political expressions made in a personal capacity that do not directly affect the performance of official duties should be protected as much as possible."

With the Supreme Court upholding the acquittal verdict on this day, Mr. Baek is now completely free from the legal battle that lasted nearly three years. This ruling is expected to become an important precedent for determining the scope of political expression for public officials and teachers, such as making public statements or participating in rallies on national issues.

The Gwangju-Jeonnam branch of Lawyers for a Democratic Society (Minbyun) issued a statement welcoming the decision immediately after the ruling. Minbyun stated, "The judiciary has clearly declared that public officials, as citizens, have the right to political expression that must be respected," adding, "This case demonstrates that attempts to suppress citizens by abusing prosecutorial power, simply for criticizing the sitting president, have failed."

This content was produced with the assistance of AI translation services.