hankyoreh

who was reported to have participated in the subjugation of troops fighting against the Japanese for independence of Korea. The Supreme Court confirmed the original verdict of not guilty for a publishing company president prosecuted for defaming Park’s reputation through the publication of a book making a similar claim..

The 3rd Division of the Supreme Court (Chief Justice Ahn Dai-hee) announced Sunday that it had confirmed the original verdict of not guilty for Yu Yeon-sik, 49, president of the publishing company Ifield, who was prosecuted on charges of defaming the dead by publishing a book stating that former President Park Chung-hee participated in the subjugation of an troops fighting against the Japanese for Korean independence.

In 2004, Yu published a book by Korean-Chinese writer Liu Ranshan entitled Ilsongjeong Pureun Sole Seongujaneun Eopseotda, which contained the line, “Park Chung-hee volunteered to serve in the special Korean unit in Jiandao, participating in the subjugation of the Northeast Anti-Japanese United Army, and through these services matriculated as a second-term student at a Manchurian military academy. The former president’s second daughter, Park Geun-ryeong, 55, took legal action against Yu, contending that her father’s reputation was damaged as a result of this book, which tells of the exploits of pro-Japanese Koreans active in Manchuria.

In the first and second hearings, the courts decided that “In the case of historical and public figures, freedom of expression regarding historical facts must be protected more than the reputation of the deceased and their surviving family members with the passage of time, and so the deliberateness of the presentation of false information must be strictly determined in order to establish a case for defamation of the dead.” The verdict went on to state, “Because reports of former President Park’s service in the special unit have been referenced in various books, and because the author, Mr. Liu, is recognized in the field of history, guilt is not recognized based solely on the evidence presented by the prosecutor,” finding Yu not guilty.

The Supreme Court announced, “Even if the material presented in the book goes against generally known fact, it cannot be determined conclusively that Mr. Yu was aware of its falsity, so the original judgment of not guilty is justified.”

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