"An Opinion, Not False Information"... Man in His 40s Who Called May 18 a "Riot" on Ilbe Acquitted on Appeal

Appeals court overturns lower court ruling imposing a 1 million won fine
Court: "A negative assessment itself cannot be punished"

Kim, a man in his 40s who was indicted for posting on the online community Ilgan Best Storage (Ilbe) that the May 18 Democratization Movement was a riot, was acquitted on appeal.

Daegu District Court. The Asia Business Daily DB

On October 16, the Daegu District Court's Criminal Appeals Division 2-3, presided over by Judge Lee Sang-gyun, overturned the lower court's ruling sentencing Kim to a fine of 1 million won and acquitted him of violating the Special Act on the May 18 Democratization Movement, etc.

Kim was previously put on trial on charges of describing the May 18 Democratization Movement as a riot. On May 19, 2021, at his home in Dong-gu, Daegu, he posted on the Ilbe website: "If they took out guns, then it was a riot. From the military's perspective, suppressing it was the right thing to do, and many police officers and soldiers died at the time." He also wrote, "I really don't understand why this is called a pro-democracy movement and people are recognized as persons of merit for it."

The trial court ruled: "'Riot' refers to collective acts of violence that disturb public peace and order, and the word itself implies illegality." It added, "The defendant's description of the May 18 Democratization Movement as a riot constitutes the dissemination of false information, and the defendant is found to have acted with intent."

Kim's side argued on appeal, "Describing the May 18 Democratization Movement as a riot was merely an expression of a personal opinion agreeing with Chun Doo-hwan's remarks, and there was no intention to spread false information."

The appeals court accepted this argument.

The court said, "There is room for criticism in the defendant's characterization of the May 18 Democratization Movement as a 'riot' and his expression of the view that he 'does not understand' it." However, it added, "The Special Act on the May 18 Democratization Movement, etc. limits punishable conduct to 'the dissemination of false information,' so a negative assessment of the May 18 Democratization Movement or a difference of opinion about its historical significance cannot, in itself, be considered punishable."

The court continued, "The word 'riot' is an ambiguous expression that can be interpreted in various ways with regard to its meaning and scope." It explained, "In the post at issue, the concise and categorical use of the word 'riot' is understood as a means by which the defendant emphasized his subjective opinion." The court added, "The use of the word 'riot' should be regarded as expressing an 'opinion,' not stating a fact," and "such expressions should be addressed through historical reflection and public discourse."

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