hankyoreh

Abuse of rights or exercise of rights?

Case #1: This past February, an office worker surnamed Lee, 35, was sued for 8 million won (US$6,800) in damages by Kang We-suck, director of the film “Mission School.”

Kang brought the lawsuit because Lee had posted four comments online that were critical of Kang. In one, Lee called Kang a “psycho” for his plans to strip naked in public to express his opposition to a large-scale parade on Armed Forces Day in Oct. 2013.

In May 2015, Kang filed defamation lawsuits against Lee and around 200 other netizens who had posted derogatory comments about himself, and he is now filing civil suits on those who were given a suspended indictment.

Case #2: In Dec. 2015, another officer worker named Hyun Jeong-hee, 45, was sued for 1.5 million won in damages by Byeon Hee-jae, president of Media Watch.

Byeon filed the lawsuit because of a comment that Hyun posted on an article about Byeon in Jan. 2014, in which Hyun wrote, “Follow the law like they say. They shouldn’t get any favors for whining. Morons get what they deserve.”

Byeon has said that he filed civil suits against 600 netizens last year. “People on the left file a lot of lawsuits against conservative groups, so this is our way of fighting back,” Byeon said in a telephone interview with the Hankyoreh last month.

A debate has been kindled about the appropriateness of indiscriminate shotgun-style litigation. The Korea Parent Federation recently sued a number of comedians and reporters recently for parodies and criticism and an attorney named Kang Yong-seok was referred to the Seoul Bar Association’s commission of inquiry for failing to uphold the dignity of his profession through excessive litigation. Critics allege that such lawsuits are designed to intimidate defendants and extort money from them in the form of out-of-court settlements, while others counter that lawsuits are a legal means of seeking relief.

For an ordinary person who has never been to a police station, getting caught up in a lawsuit is a frightening thing. This is why plaintiffs who file shotgun lawsuits think that frightened defendants will be amenable to settling out of court, critics say.

“People are scared when they receive a notice from the court or a summons from investigators. Plaintiffs are banking on this when they suggest settling out of court for an appropriate fee,” said Kelly Kha-yeun Kim, General Counsel with Open Net Korea.

Critics of the libel statue in South Korea’s criminal code continue to argue that it impinges on the constitutionally-guaranteed freedom of expression.

Hyun admitted that he had asked Byeon if he was willing to settle and how much money would be appropriate.

Hong Ga-hye, 28, who was indicted for defaming the South Korean Coast Guard after a television interview following the Sewol ferry sinking in 2014 but eventually exonerated, filed defamation lawsuits against 515 netizens with the Daegu Supreme Prosecutors’ Office in Sep. 2015. But the prosecutors said that they could not bring 75 of the defendants to trial because they had already paid Hong settlement money.

Some lawyers are starting to specialize in this kind of litigation. Aside from personally suing around 400 netizens who have posted nasty remarks about him, Kang has also represented Byeon Hee-jae in his shotgun litigation. Furthermore, the lawyer who represented Kang We-suck is the same person who represented Hong Ga-hye in her lawsuits last year.

In Apr. 2015, the Daegu prosecutors announced a plan to respond to lawsuits against derogatory comments online that would involve bringing charges of extortion and unjust enrichment against individuals who sued multiple people with the goal of getting settlement money.

But a strong case can also be made that, for most people, such lawsuits are a legal means of protecting their personal rights and repairing their reputation.

“Lawsuits are a legally guaranteed way for individuals to find relief. We shouldn’t disparage the efforts of victims to do what they can to repair their reputation,” said one human rights lawyer.

“You can’t say that shotgun litigation is inherently excessive. That said, shotgun litigations by laypeople and by legal professionals can‘t be viewed in the same light. Legal professionals know better than laypeople when shotgun litigation is legally appropriate,” said Ha Tae-hun, a professor at the law school of Korea University.

By Lee Jae-uk, staff reporter

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