Court rules tailing justice minister’s car falls under press’s role of checking authority

Posted on : 2022-12-12 16:59 KST Modified on : 2022-12-12 17:15 KST
The judge determined that livestreaming outside the minister’s home could be labeled stalking
Justice Minister Han Dong-hoon (Yonhap)
Justice Minister Han Dong-hoon (Yonhap)

A court ruled that the act of following the Minister of Justice Han Dong-hoon’s car for reporting purposes by an online media outlet falls under the right of the press to keep authority in check, and therefore cannot be labeled as stalking.

However, the court ruled that the act of going to the minister’s house and starting a YouTube livestream constitutes stalking and issued a restraining order.

Judge Lee Won-joong of the Seoul Central District Court cited a provisional restraining order requested by the Seoul Central District Prosecutors’ Office prosecutor against Kang Jin-koo, 55, a reporter with the online outlet Citizen Press the Investigation, in his ruling Saturday.

The media outlet raised suspicions that Han participated in a late-night drinking party at a luxury bar in Seoul’s Cheongdam neighborhood with President Yoon Suk-yeol and around 30 lawyers from the law office Kim & Chang in July.

Kang then tailed Han’s official vehicle after the minister’s work hours three times over the course of August and September.

On Nov. 27, Kang went to Han’s house and repeatedly shouted for the minister at his front door. Kang went on to livestream himself outside the justice minister’s house for his outlet’s YouTube channel. In response, prosecutors took provisional measures laid out for cases of stalking, including requesting a restraining order against Kang.

The court judged that Kang following Han’s official vehicle from August to September did not constitute stalking and dismissed that claim.

In his ruling, the judge stated that this finding was based on several factors including the status of the reporter (aggressor) and the public official (victim); the fact that the investigation into the alleged drinking party in Cheongdam is still underway, so the truth behind that cannot be confirmed; the vehicle that Kang followed was an official ministerial vehicle, rather than Han’s private vehicle; the importance of the allegations of the drinking party; the fact that the victim (Han Dong-hoon) is a public official with ties to the scandal; and the number of times the reporter followed the vehicle.

Based on those factors, Lee said, “In a democratic society, the importance of freedom of press coverage and the press’s role of keeping authorities in check cannot be overstated.”

However, the YouTube live broadcast in front of Han’s house on Nov. 27 can be seen as an act of stalking, and as such Kang was issued a warning to stop such acts and a restraining order that prevents him from coming within a 100-meter radius of Han’s home, which is effective until Feb. 9, 2023.

The court stated, “Minister Han is not the only person at that residence. His family also lives there. Considering the importance of housing stability and peace, it is highly likely that [Kang] did not go there for reporting purposes, but for something that can be seen as stalking.”

On the other hand, Han, who is insistent that there was no boozy shindig in Cheongdam, has recently filed suit seeking 1 billion won in damages against Kang and Democratic Party lawmaker Kim Eui-kyeom, who first raised the suspicion of the party at the National Assembly.

By Choi Min-young, staff reporter

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

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