Man acquitted over post calling May 18 uprising a 'riot'
Appellate court rules that labeling the 1980 pro-democracy movement as a 'riot' constitutes personal opinion rather than criminal misinformation.
Quick Look
- The Daegu District Court overturned a lower court's conviction of a 45-year-old man who called the 1980 May 18 Democratic Uprising a 'riot' online.
- The court ruled the statement was a protected personal opinion rather than punishable false information.
AI-generated summary
Why It Matters
The May 18 Democratic Uprising was a 1980 movement in Gwangju against the military rule of Chun Doo-hwan. The government suppressed the movement with violence, resulting in civilian casualties.
A man in his 40s who called the May 18 Democratic Uprising a "riot" in an online post was acquitted on appeal, with the court ruling that the remark amounted to a personal opinion rather than the spread of false information.
The Daegu District Court's appellate division on Friday overturned a lower court ruling that fined the 45-year-old man 1 million won ($749) for violating a special law banning the dissemination of false information about the 1980 pro-democracy uprising.
The man was indicted over a May 2021 post on Ilbe, a far-right online community, in which he argued that the military crackdown was justified because some civilians had taken up arms. He also questioned the recognition of participants in the uprising as pro-democracy activists.
The lower court found that his description of the uprising as a "riot" constituted false information and that he had knowingly spread it.
The appellate court, however, ruled that a negative characterization of the uprising should not automatically be treated as a false statement of fact.
It said the term "riot" could carry different meanings and, in this case, was used to express the defendant's personal assessment of the historical event.
The court stressed that its ruling did not endorse the characterization or suggest that it was consistent with the established historical understanding of the uprising, but said criminal punishment could not be extended simply because an expression was offensive or critical.
The May 18 Democratic Uprising refers to the 1980 pro-democracy movement in Gwangju against the military rule of Chun Doo-hwan, who seized power following a military coup. Government troops violently suppressed the uprising, killing and injuring civilians.
Ilbe, short for Ilgan Best Jeojangso, is a South Korean online community known for far-right views and inflammatory content, including posts disparaging the May 18 Democratic Uprising.
The court said such views should instead be challenged through historical reflection and public debate.
Open Questions
- Will the prosecution appeal the acquittal to the Supreme Court?
