"Jang Woo-hyuk assaulted me twice," former employee who made the allegation found not guilty of defamation in second trial as well

*This content was translated by AI.View Original

Employee A, who was charged with defamation after alleging that she had been subjected to verbal abuse and physical assault by singer Jang Woo-hyuk, a member of the first-generation idol group H.O.T., was also found not guilty in the appellate court.

The Criminal Appeals Division 2-1 of the Seoul Western District Court handed down a verdict on the 15th finding A not guilty in the appeal trial for the charge of defamation under the Information and Communications Network Act.

On that day, the court stated regarding A's alleged defamation through false statements, "It is difficult to clearly establish that [the claims of assault] are false," adding, "Considering the victim's status and influence, there is clearly a public interest aspect in terms of awareness."

Previously, the Prosecution Service requested a fine of 2 million won for A, the same as sought at the first instance, while A's side argued that the first-instance not-guilty verdict was appropriate and asked for the dismissal of the Prosecution Service's appeal.

In her final statement, A said, "I wrote the post from a public interest perspective, hoping that no more victims would emerge," adding, "I want the case to be resolved well so I can return to my previous ordinary life."

A claimed on June 10, 2022, through an online community, that she had been assaulted twice by Jang Woo-hyuk.

At the time, A stated, "In early 2014, while traveling in a taxi with Jang Woo-hyuk at an overseas business trip destination, Jang suddenly punched the back of my head with his fist while wearing leather gloves." She continued, "Later, before a performance in 2020, Jang slapped my hand as I was fitting him with a microphone and said 'Damn it.' I had also been subjected to much verbal abuse and insults from (Jang Woo-hyuk) usually, but I naturally thought it was something I had to endure. It was my decision to work while enduring it, so I blamed myself for everything. Some people even told me that he probably didn't hit me much because I am a woman."

In response, Jang Woo-hyuk called the claims "groundless" and filed a defamation complaint against A. During the police investigation, Jang Woo-hyuk claimed, "I was actually the one who was assaulted at the broadcasting station in 2020," adding, "Before the performance, I was organizing the microphone belt around my waist, but the wire was hard to see and I needed someone's help. A was nearby at that time but did not help; she only watched from behind. When I asked for help, A came up to me and hit my hand with her right hand so hard that it made a 'slap' sound."

The Prosecution Service acknowledged as fact the content that A was assaulted and verbally abused at the business trip destination, but determined the claim of being assaulted at the broadcasting station in 2020 to be false, and indicted A in May 2023.

Subsequently, the first-instance court, Criminal Division 9 of the Seoul Western District Court, found A not guilty.

The court stated that Jang Woo-hyuk's testimony lacked credibility, noting, "Jang claimed he was hit by A so hard it made a 'slap' sound, but there are no records whatsoever of him complaining of pain or injury from the assault at the time. The day after the incident, Jang only sent a text message criticizing A for her slow response. He took no disciplinary action or warning against A."

The court further pointed out, "Considering the relationship between the company representative and an employee, it is difficult to see that A assaulted Jang Woo-hyuk without any reason. Rather, it is natural that Jang Woo-hyuk, who was in a superior position, hit A while emotionally agitated." It added, "Jang gave inconsistent testimony regarding the location of the incident and the presence of bystanders (witnesses). This inconsistency in attitude and content cannot be seen as a simple memory error; it may stem from an intent to conceal his own actions and reverse the perpetrator of the incident."

Regarding A's testimony, the court stated, "It is specific and naturally consistent with the situation. If it had been fabricated for the purpose of defaming Jang Woo-hyuk, there would have been a high probability that the degree and expression of the assault would have been described dramatically. It is difficult to see that A specified false facts to a degree that leaves no room for reasonable doubt."

Subsequently, the Prosecution Service appealed against the first-instance verdict.

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*This content was translated by AI.View Original