Domestic First Pregnant Same-Sex Couple Escapes Punishment After Reaching Settlement with Defamer
A defamer who left insulting comments on an article about Kim Kyu-jin (33) and Kim Se-yeon (36), the first same-sex couple in South Korea to successfully conceive, has managed to avoid legal punishment through a settlement with the victims.
According to the legal community on the 28th, Judge Ryu Bong-geun of the Criminal Division 5 of the Cheonan Branch of the Daejeon District Court dismissed the charges against an individual, referred to as A, who had been indicted for defamation.
The dismissal of the charges means the termination of the legal proceedings without punishment for the defendant.
A is accused of posting malicious comments on an article regarding the couple on June 30, 2023, stating “Wow, I feel like throwing up” and also wrote, “Feminist women, don’t live in connection with Korea,” as well as using derogatory expressions like “It’s so creepy” and “It’s contradictory and grotesque how you keep screaming misogyny.”
The article covered the birth of the first pregnant same-sex couple in South Korea.
Kim Kyu-jin and Kim Se-yeon completed their marriage registration in New York, USA, in 2019 and succeeded in conceiving through artificial insemination using donated sperm from a fertility clinic in Belgium.
The article included an interview with Kim Kyu-jin stating, “We love Korea and have hope for Korea.”
The individual A, who left the negative comments, was charged with defamation under the Criminal Code. Defamation is established when one acts in a way that harms the social evaluation of another; it carries a potential penalty of up to one year in prison or a fine of up to 2 million won.
Initially, the prosecution filed a summary indictment against A. A summary indictment is an expedited procedure that takes place without a formal trial, conducted solely through documentation. The court issued a summary order for a fine, but A contested it and requested a formal trial.
Exemption from Punishment Through Settlement
During the formal trial process, A reached a settlement with the victims. Since defamation falls under a non-prosecutable offense when the victim does not wish for prosecution, A was able to evade legal punishment.
The court stated in its ruling, “The victims reached an amicable settlement with the defendant after the prosecutor’s summary order request,” and added that they expressed their intention not to pursue punishment and would not raise any civil or criminal objections in the future.
Image source: Reference photos for understanding the article / gettyimagesbank, instagram 'kyugenius'
