Defamation of the deceased conviction upheld

3 million-won fine confirmed; no appeal filed

First prison term handed down in June

Messages of condolence for victims of the Itaewon crowd crush [Yonhap]
Messages of condolence for victims of the Itaewon crowd crush [Yonhap]

A person who posted defamatory comments about victims of the Itaewon crowd crush has been fined 3 million won ($2,240).

According to legal sources, Judge Kim Su-jeong of the Yeoju Branch of Suwon District Court sentenced the defendant, identified only as A, to the fine in late August on charges of defaming the deceased.

A was indicted on charges of posting comments under a news article about the disaster on Oct. 30, 2022 — the day after the Itaewon crowd crush — that falsely impugned the victims' character and motives for attending the event.

Investigators determined that A had publicly stated false facts, damaging the honor of those who died in the Itaewon crowd crush, and brought charges under the Criminal Act's provision on defamation of the deceased.

The court agreed that the charges were substantiated.

In reaching its verdict, the court reviewed as established facts the circumstances surrounding the Itaewon crowd crush, including investigation outcomes and court rulings related to the inadequate response by the Yongsan Police Station chief and others.

The court found that A "publicly stated false facts, thereby defaming the victims of the Itaewon crowd crush."

On sentencing, the court said it took into account that the offense was a one-time act, that A had no prior criminal record, and that A had shown remorse.

The ruling is now final. Neither the prosecution nor A filed an appeal against the first-instance verdict.

Meanwhile, the first custodial sentence in a defamation-of-the-deceased case involving Itaewon crowd crush victims was handed down in June. A second defendant, identified as B, was convicted of repeatedly posting false claims on social media alleging that the victims had been killed by a drug-terrorist organization — publishing such posts 362 times.


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