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The poster distributed by pop artist Lee Ha on Oct. 20

A court ruled on Aug. 19 that the mass distribution of leaflets lampooning President Park Geun-hye does not constitute a legitimate act to be respected as artistic freedom.

Judge Park Sa-rang of the 17th criminal division of Seoul Central District Court sentenced pop artist Lee Ha, 48, to a fine of 2 million won (US$1,790) on Aug. 19 for distributing leaflets satirizing President Park. The artist, whose birth name is Lee Byeong-ha, was indicted for violation of the Punishment of Minor Offenses Act.

“While the defendant’s claim the act was legitimate as an expression of political opinion toward the current administration’s policies, the act does not appear to have been legitimate in terms of the number of leaflets and the methods and locations of their distribution,” Park said as explanation for the guilty verdict.

“While referring critically to an administration’s policies may be a form of artistic freedom and should be guaranteed as a basic right according to the Constitution, some constraints by law may exist as needed according to regulations,” Park added.

“Mr. Lee put up posters in locations where posting of bills was prohibited, and it is impossible to conclude that the defendant had no other means or methods for exercising freedom of artistic and political expression besides this manner of distribution.”

Lee and the other defendants had argued the leaflets and posters they had distributed were not subject to the terms of the Outdoor Advertisements, etc. Control Act - an argument the court rejected.

“Even expressions of artistic and political opinion for non-profit purposes constitute advertising,” Park said.

Lee was also found guilty of unlawful building entry. In Oct. 2014, Lee climbed to the roof of the Dongwha Building on Seoul’s Sejong Road to distribute satirical pictures.

“Access to the roof of the building in question is not permitted to the general public, nor did Mr. Lee receive permission from the building’s manager,” Park said in judging Lee’s entry to have been a deliberate act.

Lee was tried on charges of distribution around 18,000 fliers lampooning or criticizing President Park Geun-hye in cities such as Seoul, Busan, and Gwangju between 2014 and May 2015. The court also handed down a fine of 200,000 won (US$180) to another defendant surnamed Han who had been indicted for distributing 1,500 leaflets in Seoul’s Daehak-ro area at Lee’s request.

By Heo Jae-hyun, staff reporter

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