Liberian woman wins defamation judgment after being harassed by elderly Korean

Posted on : 2017-12-28 11:02 KST Modified on : 2019-10-19 20:29 KST
“It’s illegal for this girl to be here,” remark costs Kim $1,840 and a criminal conviction
Civic activists take part in a press conference at the International Day for the Elimination of Racial Discrimination on Mar. 21. (by Kim Bong-kyu
Civic activists take part in a press conference at the International Day for the Elimination of Racial Discrimination on Mar. 21. (by Kim Bong-kyu

“T,” a Liberian-born resident of Gyeonggi Province married to a South Korean, had an unpleasant experience while riding a bus in Nov. 2016. The passenger in the seat next to her, a man in his sixties surnamed Kim, began harassing T. When passengers tried to stop him, Kim pointed at T and said, “It’s illegal for this girl to be here.” T was not an undocumented foreigner, but a South Korean resident with an F6 (marriage) visa. In Kim’s eyes, however, all foreigners were seen as undocumented migrant workers.

T brought her experience up during the Q&A session at a symposium held that Nov. 30 by the Gyeonggi Institute of Research and Development for Migrants’ Human Rights on the topic of racial discrimination and policy measures for its reduction. One of the symposium’s discussants, attorney Choi Jeong-gyu of the law firm Wongok, took an interest in T’s story.

Choi decided to represent T in a defamation complaint against Kim. It wasn’t easy: Kim kept denying all charges during the police questioning stages, and while the police recognized the incident as a case of harassment in a crowded public setting according to the Act on Special Cases Concerning the Punishment, etc., of Sexual Crimes, they forwarded the case to prosecutors with a recommendation not to press defamation charges. However, in April, the prosecutors delivered Kim for trial on charges of both harassment and defamation.

Judge Hon. Kim Do-hyeong of the eighth criminal division of Suwon District Court’s Ansan branch found Kim guilty on both charges last May and sentenced him to a fine of 2 million won (US$1,840).

“In November 2016, the defendant boarded a bus and engaged in harassment while talking to the victim, who was sitting next to him,” the court concluded. “When stopped by other passengers, he declared that it was ‘illegal for this girl to be here,’ and he continued insulting the victim with abusive language even after disembarking.”.

In addition to his criminal liability, a court has also found Kim responsible for damages. Judge Hon. Jeong In-yeong of the Ansan branch’s 11th civil division ruled on Nov. 28 in a case filed by T demanding the payment of damages by Kim. In its decision, the court ordered Kim to pay two million won in compensation with interest, taking into account the “circumstances of the cases and the content and degree of forcible harassment and insult.”

With neither Kim nor T appealing, both the criminal and damage rulings were considered final. With a legal restitution decision by the Gyeonggi Bar Association, T may also be entitled to assistance with costs in suing for damages.

“Foreign residents of South Korea are deeply wounded by the accusations of being ‘illegal aliens’ that are often hurled at them by South Koreans,” Choi said.

“We hope that this decision will lead to a broader understanding that things carelessly said to foreign residents are quite insulting to them, and that such racist remarks may be punished,” he added.

T called the ruling “a victory for all people fighting racism and sexual harassment.”

“I hope other foreigners victimized in South Korea like me will have the courage to speak out about it,” she added.

The first court decision recognizing defamation in a case of racist remarks toward a foreign resident of South Korea came in 2009. That November, judge Hon. Cho Chan-yeong of the 2nd criminal division of Incheon District Court issued a summary order fining an individual surnamed Park one million won (US$920) on defamation charges for remarks made toward Sungkonghoe University research professor Bonojit Hussain. In his remarks, Park said that Arabs were “disgusting” and “smell bad.” (Hussain is Indian.)

By Kim Min-kyung, staff reporter

Please direct questions or comments to [english@hani.co.kr]

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