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Civic demonstrators call for legal punishments for defaming or distorting the events of the Gwangju Democratization Movement in front of the National Assembly in Seoul on Feb. 11. (Kim Bong-gyu

Legal punishments should be instituted for distortions and disparagement of the Gwangju Democratization Movement of 1980 along the same lines as the punishments in European countries for denying the Holocaust and other crimes by Nazi Germany, South Korean civic groups are arguing.

The calls reflect a growing sense that malicious examples of historical distortion can no longer be ignored in the name of “freedom of expression” – particularly at a time when even current National Assembly members from South Korea’s largest opposition party have echoed ultra-right wing claims of North Korean military involvement in the May 1980 movement in Gwangju.

On Feb. 11, the civic group Committee for Countermeasures for Working-Class Livelihoods announced that it had lodged complaints with the Seoul Nambu District Prosecutors’ Office on charges of defamation and defamation of the deceased against Liberty Korea Party (LKP) lawmakers Kim Jin-tae, Lee Jong-myeong, and Kim Soon-rye and Institute for Social System Development director Ji Man-won for statements disparaging the Gwangju Democratization Movement. As a reason for the complaint, the group’s members said the individuals had “deceived the public and engaged in offensive defamation.”

Many observers agreed that Lee’s remarks about the “rioters in Gwangju on May 18” and Kim Soon-rye’s comments about the “group of monsters known as the ‘May 18 persons of merit’” are potentially punishable as defamation, as specific individuals could be viewed as having been victimized as a result. But many academics and civil society observers also said the opportunity should be used to develop legal measures to punish acts of disparagement and disparagement of the Gwangju Democratization Movement in general, including claims of North Korean military involvement.

staff reporter)

Ji, who is known for his far-right remarks, was previously indicted on charges including defamation of the deceased for claiming in a January 2008 post to his website that North Korean special forces were “sent in to systematically command operations at the time of May 18,” but he was not ultimately punished. The court concluded that while his post did damage reputations with content that was contrary to historical fact, it did not constitute defamation because no specific individuals were identified. The ruling ultimately provided a loophole preventing criminal punishment against individuals making distorting or disparaging remarks about the Gwangju Democratization Movement in broadcast or online settings.

In contrast with South Korea, some countries in Europe have adopted a stern response to denial of the Holocaust and defense of crimes by Nazi Germany. A representative example is Germany, which prohibited denial of the Holocaust under Section 130(3) of its criminal code in 1985. The ban was motivated by concerns that ignoring denial of the historical crime of the Holocaust in the name of “freedom of expression” could result in damage to the dignity of victims and their family members and lead to future crimes against minorities. France also criminalized denial of the Holocaust in the form of a 1990 special law on the punishment of racist and anti-Semitic acts of hatred against foreigners. Another factor behind the stern punishments of defense of Nazi crimes is the Holocaust’s status as a crime against humanity.

Bills for the punishment of distortions of the Gwangju Democratization Movement and other historical events have been raised in the South Korean National Assembly several times in the past; none passed through the regular session. The sponsoring of legislation has occasionally raised concerns that new regulations punishing the denial of historical facts could curtail freedom of expression.

“We wouldn’t need any additional legal regulations in the form of criminalizing historical denialism if politicians showed a more responsible stance in response to the disparagement of the May 18 movement by a handful of far-right commentators,” said Hong Sung-soo, professor of law at Sookmyung Women’s University, on Feb. 11.

“Insofar as this issue creates additional suffering for the surviving family members of May 18 victims and is tied to discrimination and hatred toward residents of a specific region, namely Honam [Jeolla Province], this certainly does require separate discussion,” Hong added.

Among academics, the prevailing view was in favor of enacting a special law or including new punishments in the existing Special May 18 Act rather than creating a separate provision in the criminal code along German lines.

“We need to discuss adding a punishment provision to the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18th Democratization Movement such that those who deny, distort, or fabricate with regard to the May 18 Movement face up to seven years in prison, suspension of qualifications for up to 10 years, and/or up to 50 million won [US$44,495] in fines,” suggested Kim Jae-yoon, professor of law at Chonnam National University.

By Jung Dae-ha, Gwangju correspondent

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