South Korean Youtuber Gu Jae-yeok Convicted of Defamation Over Sexual Crimes Against Fellow Content Creator

South Korean YouTuber Gu Jae-yeok (real name Lee Jun-hee) has been convicted of defamation by the country's Supreme Court for exposing another content creator's sexual crime history on his YouTube channel.

The country's highest court recently confirmed a $2,159 fine against the YouTuber for violating the Information and Communications Network Act.

The case stems from videos Gu Jae-yeok posted between August and October 2020, in which he discussed a fellow martial arts YouTuber's past sexual crimes and revealed the victim's real name.

The videos disclosed personal details, including the victim's physical characteristics and residence, and even included court rulings or links to download them. The content featured an interview with a third party who claimed to have dated the victim and made allegations of rape, confinement, and assault.

Prosecutors initially issued a summary indictment with a $2,159 fine, but Gu Jae-yeok objected and requested a formal trial. During proceedings, his defense argued that the broadcasts served the public interest since all content was truthful and he did not profit from them. However, the first trial court rejected this claim, ruling that the videos contained falsehoods and were motivated by both personal revenge and financial gain.

The court noted that around the time he uploaded the videos, Gu Jae-yeok had stated in live chats that "defamation for stating facts carries light penalties" and that he had "never seen anyone imprisoned for defamation." Judges also pointed out that he was profiting financially from his YouTube activities.

The court emphasized that while the victim had been convicted of sexual crimes, they were not subject to employment restrictions and were not working in the related field at the time, making the indiscriminate disclosure of court rulings inappropriate.

The appellate court upheld the original ruling despite Gu Jae-yeok's continued claims that his actions were in the public interest. The court acknowledged that the videos may have contributed somewhat to public sentiment in removing sex offenders from the martial arts community, but stated that the damage caused by disclosing the victim's personal information was far greater. The court further noted that he had republished an expired criminal ruling in its entirety and continued uploading similar videos even after a court ordered their removal.

The Supreme Court concluded that the lower court's decision did not violate logic or the principles of evidence evaluation, and found no misapplication of law concerning defamation or infringement on freedom of expression. As a result, Gu Jae-yeok's appeal was dismissed, and the $2,159 fine was finalized.

This defamation conviction is separate from Gu Jae-yeok's involvement in another high-profile case where he was sentenced to three years in prison for blackmailing popular mukbang YouTuber Tzuyang.

In that case, he was found guilty of extorting 55 million won from Tzuyang by threatening to expose allegations about her tax evasion and personal life. The court in that matter stated that he had exploited Tzuyang's vulnerability to extort money in exchange for not revealing her private life to the public.