A malicious commenter who targeted NewJeans’ Hanni, who had spoken out about workplace bullying at HYBE, with the remark, “Will crying get you help?” has escaped a criminal record. The commenter, referred to as A, was sued by Hanni and faced a criminal trial but avoided punishment through a settlement.
According to legal sources on October 27th, Judge Kim Gil-ho of the Seoul Southern District Court’s Criminal Division 14 dismissed the charges against A, who was indicted for defamation. A dismissal of charges means the defendant (A) is not punished, and the case is closed.
On October 15 of last year, A posted a comment on an article about Hanni, saying, “What’s this X blabbering about? Are you Xed up? Will crying get you help? Huh?” At the time, Hanni had appeared as a witness at the National Assembly’s Environment and Labor Committee audit, tearfully alleging she had been ostracized and stating, “I became convinced that the company disliked us.”
She further elaborated, “From the early days of our debut, we often encountered a certain high-ranking person who never acknowledged our greetings. Regardless of profession, I thought it was a lack of basic human courtesy.” When asked why she thought the company disliked them, Hanni responded, “I think it’s because we were doing well, and they wanted to bring us down.” The malicious comment on the article reporting this led to A being charged with defamation. Under criminal law, defamation is established when an act lowers another person’s social reputation.
The punishment for defamation can be up to one year in prison or a fine of up to 2 million KRW. The prosecution opted for a formal trial rather than a summary indictment for A. A summary indictment is a simplified procedure for minor offenses handled through documents alone, but the prosecution deemed a formal trial appropriate for A.
Before the verdict, A reached a settlement with the victim (Hanni). Hanni’s side submitted a withdrawal of the complaint to the court, allowing A to avoid punishment. Since the charge against A falls under a “complainant-required offense” (친고죄), punishment is not possible if the victim settles.
A complainant-required offense is a crime where prosecution can only proceed if the victim files a complaint. If the victim withdraws the complaint, even after the case has gone to trial, the court dismisses the charges, closing the case.
The court stated, “Upon receipt of the complaint withdrawal, the charges were dismissed.”
This ruling has now been finalized.
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