![Pastor Jeon Kwang-hoon Sarangjeil Church, who was convicted of innocence in the first trial, leaves the Seoul Central District Court in Seocho-gu, Seoul on the 30th, raising the thumbs of both hands. [뉴스1]](https://i0.wp.com/pds.joins.com/news/component/htmlphoto_mmdata/202012/30/268c7498-b1e4-45fb-b43f-a0ff9c421d88.jpg?w=560&ssl=1)
Pastor Jeon Kwang-hoon Sarangjeil Church, who was convicted of innocence in the first trial, leaves the Seoul Central District Court in Seocho-gu, Seoul on the 30th, raising the thumbs of both hands. [뉴스1]
Pastor Jeon Kwang-hoon Sarang First Church, who had been tried on charges of defaming President Moon’s honor with the words “Moon Jae-in is a spy”, was acquitted at the first trial. The criterion for the court’s acquittal was’freedom of expression’, a basic right of the people.
On the 30th, the 34th Division of the Criminal Agreement of the Seoul Central District Court (President Heo Seon-ah) convicted all pastors who were accused of violating the Public Office Election Act and defaming.
What was Jeon Gwang-hoon’s remarks on’the election campaign controversy’
Pastor Jeon’s remarks, charged with illegal election campaigns, were six times from December 2019 to January of the following year. At a prayer meeting for leaders of Daegu and Gyeongbuk on December 9 last year, “If the free-right political parties together win 200 seats in the general election on April 15 next year, the Republic of Korea will be able to establish a second country.” In January of this year, “Proportional Representative When filming, you must film the Christian Liberal Party. Since the Liberal Korean Party was actually a Christian Party, I hope that they will cooperate well and all of them will be elected in the local district.”
The court judged that the pastor’s remarks did not fall under the election campaign. Not only cannot it be viewed as a statement in support of a specific political party, but also because the remarks of the former pastor were not made for specific candidates.
Court says, “Remarks that have not been defeated by specific candidates, not campaigning”
Article 58 (1) of the Public Official Election Act defines an election campaign as’an act to make an election or not.’ The core concept of the election campaign is that the purpose of pursuing the election or failure of a specific candidate in a specific election must be objectively recognized, which is the gist of the Supreme Court precedents and constitutional court decisions.
The judge said, “If a specific individual candidate is not premised in the election campaign, the concept of’election or failure’ cannot be assumed.” He ruled that even in the case of a proportional representative election as well as a regional district election, the election campaign concept cannot be discussed without presupposing the existence of individual candidates, as it is not the election or defeat of the political party, but the decision of the election of the proportional representative candidate by determining the size of the seats.
The court also pointed out that the widespread interpretation of the campaign against the law could put many citizens at risk of criminal penalties.
The election law sets the election period for members of the National Assembly to 14 days and restricts campaigning before this period. The judge said “If the concept of an election campaign is not strictly limited and interpreted, all public opinions of support or opposition to a specific political party can be included in the concept of an election campaign, and criminal penalties are subject to illegal campaigns such as pre-election campaigns. Can beI was concerned.
The widespread recognition of the election campaign has made it clear that it is a legal interpretation that is clearly contrary to the constitutional spirit of guaranteeing the freedom of political expression for the people. The judge ruled that ▶the meaning of the’free-right party’ was abstract and ambiguous. ▶The former pastor’s remarks were before the registration date (March 27) of the candidates for the National Assembly member party, and therefore did not fall under the election law.
“’Moon Jae-in’s spy’ is a rhetorical expression” Not defamatory
Previously, Pastor Jeon was accused of defamation by criticizing President Moon as a “spy” and saying that “Moon Jae-in attempted communism” at the Moon Jae-in retirement pan-national convention in October and December last year.
Remarks of Pastor Kwang-Hoon Jeon accused of defamation
▶”Moon Jae-in is a spy” remark (October 9, 2019)
Why am I trying to get Moon Jae-in out? Moon Jae-in is a spy. Spies. I will play the video of Moon Jae-in’s spy verification from now on. Moon Jae-in referred to Shin Young-bok, the king of spies in the Republic of Korea, as the most respected thinker at the Pyeongchang Winter Olympics. This is the body of the spy. Who is the thinker Young-bok Shin I respect? You’re Shin Young-bok, the king of spies. Are you sure that Moon Jae-in is also a spy that I admire the most? You said that Kim Won-bong, the 3rd war criminal of the Korean War, was the hero of the founder of the Armed Forces. Isn’t this a spy? Let’s see what he did to the West German spy Yun Isang. You saw a camellia tree by sending his wife Kim Young-sook to the graveyard of the West German spy Yun Isang, right? Isn’t this a spy?
▶”Moon Jae-in attempts to communize” remarks (December 28, 2019)
In today’s Korean society (English interpreter), it is unforgivable that Moon Jae-in, a member of the Judo group, chooses Kim Il-sung now. Fellow Koreans, Originally, the left-wing rednecks are players of lies. Kim Il-sung is a lie, Park Heon-young is a lie, and Moon Jae-in is a liar. He sent his wife to the West German spy Yun Sang-sang to worship, and attempted to communize the Republic of Korea with a communist motherland. In the paper written by Cho Kook-i, it is written that Korea must be communized.
The judge ruled that the former pastor could admit that the remarks were made, but that this was not a defamation.
The court judged that the term’spy’ was used in rhetorical and figurative expressions, so the use of this word could not be concluded as indicating the facts immediately. Also, given the context of Pastor Pastor’s remarks, there was a lot of room for interpretation as “a person who favorably re-evaluates a person who was evaluated as a spy in the past,” a person who is friendly to North Korea.
I thought that the statement that “President Moon attempted communism” was not timely. Pastor Jeon is judged to have made critical opinions on the president’s political actions and attitudes.
In particular, the judge said, “The victim of this incident is a public figure who is an incumbent president and politician.”I put it. The idea is that even the expressions that the former pastor presented as a result of his own verification cannot hold the standard of criminal punishment.
Reporter Lee Sujeong [email protected]