[ARTICLE] Han Seohee·Jung Daeun’s Dangerous Celebrity Reveal…Cyber Defamation?
Previous singer trainee Han Seohee. And swept in with her is Jung Daeun; together, they continue to reveal secrets about the group MONSTA X.
On Instagram, Han and Jung publicized MONSTA X’s member Wonho’s debt and juvenile detention past, and even different member Shownu’s suspicious adultery. It has not been revealed whether this exposure is true or not. However, Wonho decided to leave MONSTA X last month, on the 31st.
It has been revealed that MONSTA X’s company Starship Entertainment plans on filing a complain against Han and Jung. If so, aren’t there legal issues with Han and Jung’s chain of exposure?
◇Cyber Defamation Will Be Difficult to Avoid
That is not true. Han and Jung can be charged with the Act on Promotion of Information and Communications Network Utilization and information Protection laws (the Information and Communications Network Act). It is commonly called ‘Cyber Defamation’.
Its sentence is a lot heavier than the ‘general defamation’ of the criminal law due to its much larger online impact.
Especially for cyber defamation, even if the content is true, it is punishable. When it comes to excessive exposure of private life, even if it’s about a celebrity, that in itself is enough to be subject of punishment. And if the content of the exposure is a lie, the punishment gets even worse.
For cyber defamation to be valid, the reason for slandering the person has to be recognized. In the criminal law’s general defamation, there are different points right here as well. That is, to Han and Jung whether there was, or wasn’t, a goal to slander the MONSTA X members has to be uncovered in order for them to be punished with cyber defamation.
The Supreme Court ruling said that “since it will be said that the slander was for the public good and that there is a conflicting relationship amongst themselves, if the stated truth is about public interests, as long as there isn’t a special reason, it cannot be recognized as a goal to slander.” Along with this, the Supreme Court ruled saying that “when objectively looking at the fact that this stated truth is a circumstance concerning public interests, as something concerning public interests, the doer has to have subjectively stated that it was for public interests.” (Supreme Court Decision of 2009. 6. 11. Sentence 2009, 156 Ruling).
Therefore, if Han and Jung don’t want to be charged with cyber defamation, they have to assert public interests in a way that shows that “the suspicious disclosure was to prevent the idol’s misconduct from having a big influence on the personality of the youth.” But the disclosure from until now seems to be a personal grudge caused by MONSTA X’s member Wonho’s debt. We’re now looking to see how the court will accept the claim of public interest like this.
Until now, looking at this situation, the chances of them being charged with cyber defamation look a little higher.
◇If they commit a crime during probation, they might have to go to jail.
In 2017, Han was sentenced to 3 years of prison labor and 4 years of probation at an appeal court after being indicted because of her violation of the act on the use of narcotics (Narcotics Control Act). After this, she did not appeal to the Supreme Court, finalizing her sentence, and she is currently on probation.
If a person sentenced to probation commits another crime while still on probation and is sentenced to the maximum imprisonment sentence, the probation sentence becomes invalid (Article 63 of the Penal Code). The effect of the delay disappears, and the previous sentence is enforced once more. When this happens, the newly sentence penalty and enforcement is added to the delayed sentence.
Even if a criminal who received probation and a new criminal aren’t on the same category of criminals, it’s the same process. If a new criminal is on the same category, it increases the determination of punishment and the chances of receiving maximum punishment gets bigger.
Therefore, if Han is convicted of cyber defamation and receives the maximum sentence, her probation will not be valid anymore, and will become the worst of situations: having to go to jail. To prevent the annulment of probation, the progression of the trial either has to be dragged out or Han will have to receive leniency through a monetary penalty.
One other variable of this is that cyber defamation is a crime not prosecuted against objection. This means that if the victim does not want punishment to be inflicted, there can be no prosecution. Furthermore, if prosecuted, and if the victim doesn’t want it to be, the court will have to issue a dismissal of the prosecution. In the end, if Han agrees to settle with MONSTA X’s side and the intent of not wanting the crime to be prosecuted is received, the worst of the situations can be blocked.
◇Jung is also in danger of aggravation of repeated crime.
If a person who has received a maximum sentence, completes the sentence, and in less than 3 years commits a crime equivalent to a maximum sentence, they can add up to double the time of their [new] sentence (Article 35 of the Penal Code). This is called aggravation of a repeated crime.
It has been revealed that Jung has recently been released from serving time in jail after violating the Narcotics Usage Act. It hasn’t been 3 years since their release date either. Therefore, if sentenced due to cyber defamation, they can possibly receive a harsher sentence than Han, having committed the same crime through aggravation of repeated crime.
If Jung wants to avoid aggravation of repeated crime, just like Han, they will either have to receive leniency through a monetary penalty, or reach a settlement with MONSTA X’s side, the better plan.
Source: Naver Law
Translation: FY!MX (fymonsta-x). Please take out with full credit.
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