Showing posts with label Human Rights. Show all posts
Showing posts with label Human Rights. Show all posts

Wednesday, September 7, 2016

160831 Easy Park Yuchun, what about Lee Gun Gee • Lee Jung Hyun?



The panel discussion on ‘Reports on Celebrities-related Crimes, What Are Their Problems’ held by Congressman Pyo Chang Won • Center for Media Responsibility and Human Rights. Pyo Chang Won is a Korean politician and criminal psychologicalist. He was a former police officer and a professor at Korea National Police University. 

When you search the following key words, ‘Lee Jung Hyun Recording,’ ‘Lee Gun Hee Video,’ and ‘Park Yuchun Sexual Assault’ by using BIGKINDS, the searching service (for news data) run by Korea Press Foundation, you get respectively the numbers of 145, 48, and 727 of news articles. ‘Park Yuchun Sexual Assault’ has been reported 15 times more than ‘Lee Gun Hee Video’ and 5 times more than ‘Lee Jung Hyun Recording.’ At the portal site Naver, you get the search results of 10 times more on ‘Park Yuchun Sexual Assault’ (3,034) than ‘Lee Gun Hee Video’ (333) and 5 times more than ‘Lee Jung Hyun Recording’ (635).

Why does the media cover some, even unidentified, matters about celebrities without any hesitation while it doesn’t properly cover the power holders such as politicians and conglomerates? On the 30th, Congressman Pyo Chang Won from The Minjoo Party and Center for Media Responsibility and Human Rights co-hosted the panel discussion on ‘Reports on Celebrities-related Crimes, What Are Their Problems’ and addressed what have resulted in the current media environment and tried to seek alternatives.

Are celebrities public figures

To address the problems of reports on celebrities-related crimes, panel discussion participants first examined whether such reports have public interest. Lawyer Han Myung Ok (Law Firm Woowon) said, “Reports on celebrities-related crimes do not have enough elements of public nature to have the purpose of fulfilling the right-to-know of citizens and only serve the means to fulfill simple curiosity, therefore, those cannot be disguised as the name of freedom of expression.”

Prof. Yoon Tae Jin of Graduate School of Communication and Arts at Yonseo Univ. also said, “By disguising the fulfilling of ordinary public’s curiosity as the ‘right-to-know of citizens’, the Korean media has replaced ‘right-to-know of citizens’ by ‘right-to-know (let-know) of reporters’ in reality” and “after all, it is an attempt to expand their right as reporters in the name of citizens’ right-to-know.”

On the other hand, Yoon Jung Joo, Chief of Head Office for Fair Media at Korea Women’s Link presented an opinion that was difficult to conclude whether there was public interest in reports on celebrities-related crimes, with an example of the late Shin Hae Chul who died after the operation performed by Dr. Kang who achieved his fame as ‘show doctor.’

Chief Yoon Jung Joo said, “The operating surgeon of Shin Hae Chul, who died of medical malpractice after having gastric banding surgery, has repeated the same malpractice several times, and because this doctor was an ‘authoritative figure’, well known to the public from his TV appearances, the case could be widely reported and could get enough attention to make an issue (such as the problem of show doctor), but if that was not the case, similar cases to Mr. Shin Hae Chul’s would continue to occur.”

Then, are celebrities indeed public figures? While Prof. Kim Ye Ran of Kwangwoon Univ. (School of Communications) pointed out there is not a concrete definition of ‘public figures’, she suggested that “‘public figures’ and ‘open figures,’ it is possible to roughly explain them.” Prof. Kim said, “In Korea, celebrities are defined as ‘well known open figures such as entertainers or sports stars’ so that it is difficult to state firmly that celebrities are not public figures.”

On the other hand, Prof. Yoon Tae Jin pointed out that in order to be classified as public figures, the following points need to be checked △ whether the existence of themselves, such as president • ministers, directly connects to the public interest of national citizens △ whether they have the resources to control the media coverage related to themselves using the power to affect the media. Prof. Yoon contended, “To have the resources to control the media coverage eventually means to have the power, so whether or not to have the power is the criterion to distinguish public figures from celebrities.”

Lawyer Han Myung Ok quoted the concept of ‘pervasive public figure’ used in the US constitution. Lawyer Han explained ‘pervasive public figure’ can be applied to △ the figures with fame within their community △ the figures who are nationally known △ the figures in charge of prominent roles in the society to which they belong △ the figures who are able to access to the media anytime with their extensive power of influence. He said, “By this concept, heads of conglomerates which have an enormous impact on the national economy can be also included in public figures.”

Easier to chew entertainers than power holders whose crimes have more far-reaching power

The participants in the panel discussion on this day considered the so-called ‘eating-living-ism’ (1) as the reason why the media has reported celebrities-related crimes with more frequencies and with more importance than power holders-related crimes. Besides, they pointed out that the reason is “because celebrities are easier”.

Chief Yoon Jung Joo pointed out that “even when power holders (such as politicians and conglomerates) commit worse crimes than celebrities and (the degree of having impact on the public and) the scale of their crimes are more extensive, those crimes have often been covered up and distorted,” and this is because “celebrities like entertainers and sports stars are easier to chew.”

Chief Yoon Jung Joo also said, “While the competition has become more severe and the media has been busy with pursuing its profits, it has been long before that it threw away its right path to report for public interest” and “it is worthwhile to examine to adopt measures such as Punitive Damages (2) that has been practiced in the United States where the freedom of media is broadly granted and that enables to impose a huge amount of compensation money to prevent the abandonment of the responsibility by the press.”

Congressman Pyo Chang Won who hosted the panel discussion this day also claimed, “If the abuse of freedom of media results in the damages to somebody, actively calling to account and bringing remedy to victims via compensation for damage suits as civil cases need to be enabled” while he emphasized “the freedom of media should be guaranteed limitlessly as is guaranteed by the constitution if our society is a true democratic society.”

And, Prof. Yoon Tae Jin said, “The reason why reports related to Park Yuchun have been produced with outrageously large quantity compared the ones related to Saenuri Party Leader Lee Jung Hyun and Chairman Lee Gun Hee is because the press is desperately pursuing the selling of no. of clicks” and“under the situation that such reports are directly connected to the profits, statement that ‘reporters should follow the ethics of journalism’ can be too idealistic.” Prof. Yoon said, “Eventually, the best way would be to form a culture in which reporters who tend to report sensational news become spontaneously marginalized.”

Moon So Young reporter (Head of the Social News Section 2) from <Seoul Shinmun> who participated in the discussion as a stance from reporters also said, “It is true that the media pursues the profits and, as a result, tends to report about crimes related to celebrities and their private lives with more quantity and more magnitude than power-related corruption scandals of businessman and government officials” and “the media fails to fulfill its responsibility so it should need self-reflection”.

Journalists feeling ‘Chilling Effect’ by the double pressure from power holders claiming human rights

But, reporter Moon pointed out that we also needed to address ‘Chilling Effect’ (the discouragement of the legitimate exercise) on media from power holders. She explained that while both celebrities and power holders can use the means of requesting the arbitration to file lawsuits, it is true that power holders group utilize them more.

As an actual case, Senior Secretary to the President for Civil Affairs Woo Byung Woo, recently suspected for alleged corruption, immediately filed defamation suit against <Choson Ilbo> which had reported on the doubts about the real estate owned by his wife’s family and Blue House has filed suits for several cases against reports related to the President Park right after the Sewol Ho accident including the case of Japan’s <Sankei>. And, the story of the correlation between media criticizing Sam Sung and receiving advertisement has been a matter of old controversy.

Reporter Moon said, “In spite of guaranteeing the freedom of media, such practice of power has generated problems such as imposing the Chilling Effect on the media and self-censorship on reporters.”
Congressman Pyo Chang Won said, “It is a very regretful reality for reporters to mention Chilling Effect (by the pressures from power holders)” and “it needs to make a responsible alternative (as a congressman) to the situation that enables power holders to evade from bringing themselves to justice (by media and the like) by claiming human rights.”

Ha Su Young Reporter hsy0710@pdjournal.com

(1) The value that imposes greatest importance on eating and living (survival), recently used in Korea in many occasions

(2) Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the invidivual for losses and that is intended to punish the wrongdoer (Source: Here)

Source: PD Journal
Trans by: Uttunfan via 6002sky

Tuesday, August 16, 2016

[EDITORIAL] 160811 There should be severe punishment for false allegations in accusation cases of sexual violence


On the past [August] 8th, Seoul Gangnam Police Station disclosed that they will be forwarding their case to prosecutors upon conceding the charge of false allegations toward the female who accused singer-and-actor Park Yuchun of sexual assault. There has been quite a stir with a series of sex scandals with famous celebrities including Park Yuchun, Lee Jin-wook, others recently. These celebrities have received the public’s loves and should set an example more than ordinary people even do in their private lives, as public figures; but the act of tarnishing their reputation to the public’s trust due to inaccuracies is reprehensible. However seeing this case, we feel it has reached to the brink where there also is a need to prevent them from being dishonestly accused under false pretenses in regards to a sexual violence case.
Sexual violence crimes are serious crimes that bring great damages, to the extent of killing a victim’s character, as a crime that infringes upon the victim’s sexual self-determination[/independence] and right for the pursuit of happiness. It tries to raise the alarm in regards to such sexual violence cases, to enact the ‘Act on Special Cases Concerning the Punishment, etc. of Sexual Violence Crimes’ (shortened hereby to the Act on Special Cases of Sexual Violence) from April 15, 2010 that’s supposed to prevent this, and to do an aggravated punishment in regards to sexual violence crimes. But when there happens to be a victim who becomes falsely accused due to the act of abusing the legislative intent of this Act on Special Cases of Sexual Violence, the side effects must be rectified no matter what, too.
With the police’s investigation results in the scenario of Park Yuchun’s case, some of the accusers have been indicted under the suspicions of false allegations; and also in the scenario of Lee Jin-wook’s case, the police are in the middle of investigating whether false charges were made or not after he was cleared of suspicions. In the scenario of sexual violence crimes, the nature is considerably dependent upon the victim’s statement, and not only that, but if it was in a photo of the injured region or a diagnosis of bodily harm, etc.; an investigation would be conducted once charges were acknowledged. Although a suspect in this process has the difficulty of having to try to prove his own innocence when the questioning with the victim was not done properly, because of the protection provision for a victim of the Act on Special Cases of Sexual Violence; in the scenario where accusations where made after some time, it is also a virtually impossible scenario where there is proof from back then. In addition, there are a lot of scenarios where the mere fact that one was involved in a sexual violence crime concludes with a hurried agreement, before making accusations or after making accusations; even when it is different from the truth, on account of one being mortally wounded in image.
The famous celebrities in the scenarios of these cases had appointed lawyers to fully prove their innocence. However there may be the scenario where an ordinary person does not have a defense properly to facing charges and get punished under false allegations, based on their situation to be unable to appoint a lawyer. The necessity to protect victims who have been in sexual violence crimes and severely punish criminals definitely exists. However it is also necessary we should make sure it does not happen to a victim who’s falsely accused by another due to this. Therefore, investigative agencies have to indict based on actively investigating in an accusation case of sexual violence crime and toward whether the accuser’s allegations are false or not, no matter what; and in the courts, as severe punishment to this, the Act on Special Cases of Sexual Violence will display its functions properly then.
~~~
The Act on Special Cases Concerning the Punishment, etc. of Sexual Violence Crimes is a Special Criminal Act of the Republic of Korea which aims to contribute to a strong social order in ensuring a victim’s life and personal safety in a sexual violence crime by stipulating it as a special case concerning the penalties and the process of a sexual violence crime.
Sources: Law Times + Korean Wikipedia
Translations by: rilanna of JYJ3

Thursday, July 21, 2016

Others Voice Their Opinions about Yuchun’s Incident


1) Kim Young Sam (@fmpenter) is a critic on public culture. He has continuously given encouraging tweets.
[TRANS] (Why) I can’t trust this episode of MBC PD Notebook? It only conveyed the story of one side / Directing in a heavily biased way by the perspective from one side / Requesting the opinion of C-JeS at the time when they can’t hear the opinion itself from C-JeS / Reporting unidentified information which may cause a confusion for the investigation…

*** 
[TRANS] <Although CJeS made a basic response to them and they had 3~4 remaining days until the on-air, it was a serious violation against the media ethics to proceed to broadcast without editing> ‘PD Notebook’ made an official apology mentioning that “In the episode of Park Yuchun, it was not true that his agency made no response to us”

*** 
[TRANS] I had to give a feigned laughter while I watched the attitude of report by PD Notebook on Park Yuchun, because, for the broadcasting station which never had done a in-depth coverage on and aired the clear overabuse of power by SM in the past, it was a ridiculous thing to deal with the controversy about Park Yuchun around the time when critical corruptions by the authority have been revealed..

*** 
[TRANS] C-JeS should start to proceed a strong legal action against Channel A(Dongah), Kukmin Ilbo, and Chosen Ilbo as soon as the police investigation wraps up. While the investigation has been going on, they continue to report the confidential information from it and keep consistently circulating false reports..

*** 
[TRANS] <Regarding the circumstances, Not Guilty was almost certain. Because the official announcement didn’t come out, let’s wait for the moment. Later, strong actions should be followed.. The investigation is slow in deed> Police, holding Not guilty stance on all the cases of Park Yuchun accused by sexual assault allegations

*** 
[TRANS] <If the police can’t present evidences clearly, the prosecution office will turn down the suspicion.. I expect not guilty again for prostitution.. The evidence of the text message is too limited.. > Park Yuchun side “The allegation of prostitution is not true at all.. We’ll make it clear through the investigation by the prosecution office”

*** 
[TRANS] <The response from the media is funny. They unconditionally claimed sexual assault and now it’s the allegation of prostitution, then shows the response that it’s the same anyway. But, are they the same?..> Park Yuchun Not guilty for sexual assults… transferred to the prosecution office with the opinion of being indicted for the allegation of prostitution

*** 
[TRANS] <Is this a matter that can be passed with only apology and recommendation??..> KCSC, recommended measures to ‘PD Notebook’ which had broadcasted the controversies over Park Yuchun

***

2) Oisoo Lee, a very famous Korean Novelist, has also spoken on the matter.
[TRANS] The media is not likely to make any apology and to regret its mistakes at all about Park Yuchun’s case. After all, it was just a happening to turn the whole nation upside down with all the fuss for burying a young man alive based on the allegations without any clear facts.
***

3) Another Korean blogger who has posted balanced writings related to this case is Lee Jung Hee.

One of Lee Jung Hee’s articles, titled “NOT Guilty, how can we make it up to Park Yuchun now? At least, let’s please stop throwing stones at him”, contains mostly the same argument as the Law Journal article that 6002SKY has posted the translation HERE or from 6002xfiles HERE

***


And, Kim Young Sam (@fmpenter mentioned above) also wrote an earlier article, titled “The abnormal society that treats Park Yuchun as a criminal in advance. The only answer is strong action (against it)” saying that people should wait until the investigation would be over and the media should stop any false reports to drive the public toward witch-hunting.


***

4) Japanese Twitter account @kor_celebrities is also one of the few who have showed support for Yuchun since day 1.
[TRANS] Yuchun from JYJ has been beaten by the Korean media even after the report filed by Lee was withdrawn. This time, the problem was drinking and visiting the establishment during the period of his military service? It wasn’t a violation of any rules as a public service worker, and beyond that, it was a realm of individual privacy. The level of reports of T and M corporations were low. I want them to stop now.

*** 
[TRANS] The news says that the foundation of applying「Special Law on Prostitution」and the like to Yuchun from JYJ by the police was the content of the phone of「The 1st woman」. She is the one who demanded a large amount of money by blackmailing and had repeated filing and cancelling the report to the police. If this information is true, is the content of the phone owned by such women credible? I expect the strict judgement from the prosecution office.

***

[UPDATES!!!]


Screen Shot 2016-08-12 at 13.45.47

[TRANS] JTBC Newsroom has been doing biased reports with or without knowingly. There has been no apology or correction of the report after it blurted out Park Yuchun’s case as exclusive and it is also the site that has pretended not to know about the amendment of the Press Act giving a hard blow to the freedom of the press. It isn’t a surprising matter that it has given a biased report on the situation related to Megalian..
☆ T/N: Megalian is an internet based feminist organization in Korea which has recently stirred up the media related to many issues.

***

Screen Shot 2016-08-12 at 13.21.56

[TRANS] <Besides the accuser who was filed for false accusation, all the other related accusers must be thoroughly investigated and punished when their crime of false accusation will be revealed.. Because it doesn’t seem to be individual, but organized.. > 1st accuser in Park Yuchun’s case • her cousin were imprisoned for false accusation • attempted extortion

***

Screen Shot 2016-08-12 at 13.22.10

[TRANS] <‘Not guilty, we don’t need such facts. You should just suffer’..The typical type of reporter who has this way of thinking. We must get rid of such trash reporter from the press.. > The crime of false accusation acknowledged? … there is a difference between Park Yuchun and Lee Jin Wook
T/N: This is Mr. Kim’s comment on the Dailian reporter

***

There is also this old tweet from film producer Won Dong Yeon, which does not say much directly about the incident, but it came to our attention that the wrong translation got circulated, so we think we should share the correct one.

작금의 박유천사건과 영화제수상이 무슨 상관관계가 있다고......나 2014년 청룡영화제 신인상 박유천이 받을때 심사위원했다. 아주 공정하게 진행했다고 자부한다
[TRANS] (I can’t find) what kind of correlation there is between the current Park Yuchun’s case and his being awarded at the film festival……I was one of the judges when Park Yuchun was awarded the Best New Actor Award at 2014 Blue Dragon Film Festival. I am confident myself that we proceeded very fairly

***

UPDATE 161007

(Those tweets below were posted by @fmpenter when the news about the bail request came out. For those who did not know, the bail request by A was rejected, there was no news on that.)


screen-shot-2016-10-07-at-21-45-14
[TRANS] <Is it normal to ask a hearing to grant bail to people with malicious crimes? Completely abnormal society..> Park Yuchun’s accuser, the 1st trial postponed to Oct. 13th… hearing for bail comes first


screen-shot-2016-10-07-at-21-48-00
[TRANS] <If there exists even a small concern that the bail hearing may affect the establishment of the crime, it is not a right action to use such means..> Park Yuchun’s accuser, the 1st trial postponed to Oct. 13th… hearing for bail comes first



Info & Trans by: uttunfan via 6002SKY


Monday, July 18, 2016

[PROJECT] Park Yoochun Fan Support Project by Filipino Fans


"Yesterday, July 17 Us, JYJ Lovers in the Philippines together with the very faithful family members of our JYJ community had the Park Yoochun Photo support project at Rizal Park, Luneta.

JYJ Lovers in the Philippines will ALWAYS stand by you Park Yoochun. We will be with you all throughout this struggle. We will continue to pray that all these issues thrown at you will be settled soon. And no matter what happens, we will stand by you and love you like we always do. We pray that you and your family are holding on to your faith that everything will be alright in the end. We are here, your family in the Philippines. We love you and will keep on supporting you. You gave us inspiration now we want to be your inspiration, your strength and your shield.

We want to give our big thank you to all the fans who joined us yesterday despite the hot weather. We proved that we really are his FAMILY in the Philippines." - JYJ Lovers in the Philippines -