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Criminal charges against English teacher in Itaewon.
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Mix1

Joined: 08 May 2007

Posted: Tue Dec 30, 2014 4:24 am Post subject:

atwood wrote:

EZE wrote:

Is he suing Jenny too since she made the same accusation?

If they need Jenny's number it's 867-5309
http://www.youtube.com/watch?v=qc5u9NOV4sE
MY first post on this thread. I'll try to make it my last.

Thread ender.

CentralCali

Joined: 17 May 2007

Posted: Tue Dec 30, 2014 4:31 am Post subject:

Mix: "Fact" in legal parlance doesn't mean the same thing as it does in common usage. "Fact" for the lawyerly types is "alleged crime".

Cave Dweller

Joined: 17 Aug 2014
Location: Seoul

Posted: Tue Dec 30, 2014 6:14 am Post subject:

I still dont see how imprisonment is possible for libel unless the DA is pressured into charging him. Imprisonment can not he possible in a civil suit.

atwood

Joined: 26 Dec 2009

Posted: Tue Dec 30, 2014 6:18 am Post subject:

Mix1 wrote:

Quote:

CHAPTER XXXIII CRIMES AGAINST REPUTATION Article 307 (Defamation) (1) A person who defames another by publicly alleging facts shall be punished by imprisonment or imprisonment without prison labor for not more than two years or by a fine not exceeding five million won. <Amended by Act No. 5057, Dec. 29, 1995> (2) A person who defames another by publicly alleging false facts shall be punished by imprisonment for not more than five years, suspension of qualifications for not more than ten years, or a fine not exceeding ten million won. <Amended by Act No. 5057, Dec. 29, 1995> Article 308 (Defamation of Dead Person) A person who defames a dead person by publicly alleging false facts shall be punished by imprisonment without prison labor for not more than two years or by a fine not exceeding five million won. <Amended by Act No. 5057, Dec. 29, 1995> Article 309 (Defamation through Printed Materials) (1) A person who commits the crime of Article 307 (1), by means of newspaper, magazine, radio, or other publication with intent to defame another, shall be punished by imprisonment or imprisonment without prison labor for not more than three years or by a fine not exceeding seven million won. <Amended by Act No. 5057, Dec. 29, 1995> (2) A person who commits the crime of Article 307 (2), by the method described in paragraph (1), shall be punished by imprisonment for not more than seven years or suspension of qualifications for not more than ten years, or a fine not exceeding fifteen million won. <Amended by Act No. 5057, Dec. 29, 1995> Article 310 (Justification)

Quote:

If the facts alleged under Article 307 (1) are true and solely for the public interest, the act shall not be punishable.

Article 311 (Insult) A person who publicly insults another shall be punished by imprisonment or imprisonment without prison labor for not more than one year or by a fine not exceeding two million won. <Amended by Act No. 5057, Dec. 29, 1995> Article 312 (Complaint) (1) The crimes of Articles 308 through 311 shall be prosecuted only upon complaint. <Amended by Act No. 5057, Dec. 29, 1995> (2) The crimes of Articles 307 through 309 shall not be prosecuted over the express objection of the victim. <Amended by Act No. 5057, Dec. 29, 1995>

Interesting how even telling the truth about someone or something is punishable. I guess with that mindset, it explains why Asiana tried to sue over harm to their "reputation" when they in fact screwed up and the press simply tried to talk about it.

"Your son was a trouble-making groper who regularly assaulted women."
"True fact, but everyone must ignore that! I'm suing you for mentioning it!"

Shows how much the truth is valued in this system.

You just had to go there, didn't you?
http://www.youtube.com/watch?v=5j2F4VcBmeo Very Happy

Kepler

Joined: 24 Sep 2007

Posted: Tue Dec 30, 2014 7:15 am Post subject:

If you are sued and lose, you can be prevented from leaving Korea until you pay the amount required by the court.

Quote:

Yes: Natalia Vucic, 2004, Suwon district court.

Sued for damage to a business and she lost.
Circumstances: she sent letters home to parents about alleged unethical business practices toward teachers at the hagwon (in Haniltown) that she worked at.

Penalty: Loss of employment, 10 million won payment required (by the court) before she was allowed to leave Korea. Her embassy could do nothing about it.

She borrowed money from home, left Korea and has not been back.

http://forums.eslcafe.com/korea/viewtopic.php?t=233013&start=30

Stan Rogers

Joined: 20 Aug 2010

Posted: Tue Dec 30, 2014 7:24 am Post subject:

Kepler wrote:

If you are sued and lose, you can be prevented from leaving Korea until you pay the amount required by the court.

Quote:

http://forums.eslcafe.com/korea/viewtopic.php?t=233013&start=30

Yes that is true. If you can't pay, you will sit in jail until you do.

atwood

Joined: 26 Dec 2009

Posted: Tue Dec 30, 2014 7:31 am Post subject:

Stan Rogers wrote:

Kepler wrote:

If you are sued and lose, you can be prevented from leaving Korea until you pay the amount required by the court.

Quote:

http://forums.eslcafe.com/korea/viewtopic.php?t=233013&start=30

Yes that is true. If you can't pay, you will sit in jail until you do.

Debtor's prison--how Dickensian.

Do you get to go out on Wednesdays and beg?

And is it only for foreigners?

EZE

Joined: 05 May 2012

Posted: Tue Dec 30, 2014 10:43 am Post subject:

The kid gave up the ghost on Hooker Hill. What reputation was there left to destroy?

Steelrails

Joined: 12 Mar 2009
Location: Earth, Solar System

Posted: Tue Dec 30, 2014 3:00 pm Post subject:

Stan Rogers wrote:

Kepler wrote:

If you are sued and lose, you can be prevented from leaving Korea until you pay the amount required by the court.

Quote:

http://forums.eslcafe.com/korea/viewtopic.php?t=233013&start=30

Yes that is true. If you can't pay, you will sit in jail until you do.

Note that she was not allowed to leave Korea, it didn't say that she was imprisoned. She may have been free to seek other employment and live on her own, just that she couldn't leave the country until she made restitution.

So, I doubt that libel would get someone imprisoned. You'd have to do something really big against someone really powerful. Everyone else will just settle for money.