The Supreme Court has upheld a ruling that YouTuber Gu Jae Yeok (real name Lee Jun Hee) committed defamation by posting videos exposing another martial arts YouTuber’s past sexual crimes and revealing his real name.
On September 14, the Supreme Court’s First Division dismissed Lee’s appeal against charges of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection (defamation), thereby finalizing the lower court’s ruling that imposed a fine of 3 million KRW (approx. 2,160.04 USD).
Lee had been summarily indicted for defamation after posting videos on his YouTube channel between August and October 2020, in which he discussed YouTuber 'B', a former martial artist, and his history of sexual crimes. The videos disclosed the victim’s real name, physical characteristics, and residence, and even included the criminal court ruling or links for downloading it. The videos also featured an interview with informant 'C', who claimed to have dated the victim and alleged instances of rape, confinement, and assault.
In the first trial, the court ruled that Lee publicized factual information with the intent to slander, sentencing him to a fine of 3 million KRW. The judges noted, "Around the time he uploaded the videos, the defendant stated in live chats, 'Defamation for stating facts carries light penalties,' and 'I’ve never seen anyone imprisoned for defamation.' He was also profiting financially from his YouTube activities." The court added, "The postings appear to have been motivated by both personal revenge and monetary gain." It further emphasized, "The victim was not subjected to employment restrictions by the criminal court and was not working in the related field at the time, yet the defendant indiscriminately disclosed the court’s ruling, which was an inappropriate method of expression."
The appellate court upheld the original ruling. Lee argued that his actions were in the public interest, claiming, "I intended to expose the truth about a sex offender, not to defame." However, the court rejected this, stating, "While the videos did contribute somewhat to public sentiment in expelling sex offenders from the martial arts community, the damage caused by disclosing the victim’s personal information was far greater." The court further noted, "The defendant republished an expired criminal ruling in its entirety and continued uploading similar videos even after a court ordered their removal, making it hard to see this as being solely in the public interest."
The Supreme Court concluded, "The lower court’s decision did not violate logic, the principles of experience, or the limits of free evaluation of evidence. There was no misapplication of law concerning defamation or infringement on freedom of expression."
As a result, Lee’s appeal was dismissed, and the 3 million KRW fine was finalized.
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