“Public interest in the tip-off recognized”… truthfulness also raised
Police decided not to refer to prosecutors the case of PD A, a former close aide sued by Seo Hye-jin (left), head of CreaStudio. Kyunghyang Shinmun file photo
Seo Hye-jin, head of CreaStudio and a television producer, filed a defamation complaint against PD A, who directed MBN's audition program ‘Nameless Legend’, but police determined it “does not constitute a crime” and decided on non-referral. Police viewed A's tip-off as having the character of raising a ‘workplace bullying’ issue and recognized its public interest. A was previously known as a close aide to Seo.
It was confirmed on the 18th that Paju Police Station in Gyeonggi Province decided on the 10th not to refer A, who had been booked on suspicion of defamation, to prosecutors (no crime).
Seo alleged that A, who had worked under an employment contract since July 2022, tipped false information to media outlets during legal disputes with the intent to socially bury her or to create hostile public opinion, and she filed a complaint against him.
In particular, she claimed that A falsely told the media that, during the July 2017 filming of the SBS variety show ‘Same Bed, Different Dreams’ featuring then Seongnam Mayor Lee Jae Myung, she cursed at A over the phone, leading A, who had been at a first-birthday party, to ultimately return to the set; and that around December 2017, when a female entertainer refused to wear a bikini, she again used abusive language, causing the shoot to be halted.
Regarding this, police noted, “Even if some detailed disputes that Seo Hye-jin points out exist with respect to individual episodes and the overall purport of the tip-off, the submitted materials are deemed to support the truthfulness of the important parts, and there is also a lack of material to acknowledge awareness of falsity.”
Then Seongnam Mayor Lee Jae Myung and his wife appearing on the variety show ‘Same Bed, Different Dreams’ directed by Seo Hye-jin. SBS broadcast screen
Police also examined the nature of the tip-off, stating, “Given its character as raising a workplace bullying issue, there is considerable room to recognize public interest, and in light of the submitted materials, it can be evaluated as stemming from a public-interest purpose.” Article 310 of the Criminal Act provides that even if there is defamation by stating facts, there is no punishment if the facts are true and concern the public interest.
Police further concluded, “It is difficult to view A's tip-off as defamation by alleging false facts, and even if it could fall under defamation by stating facts, truthfulness and a public-interest purpose are recognized, so it does not constitute a crime.”
A is known as a close aide who has been associated with Seo Hye-jin since the SBS and TV Chosun years. In September last year, Seo filed a lawsuit against A seeking the return of unjust enrichment of a little over 400 million won, essentially to “return the salary.”
Attorney Noh Jong-eon of JONE, A's litigation representative, said, “The act of indiscriminately filing civil and criminal suits to gag victims is a deep-rooted evil that abuses judicial procedures and pollutes the Republic of Korea,” and added, “We hope this case will serve as a stern warning about the widespread human-rights violations in the broadcasting industry, and we plan to pursue strong legal action for false accusation going forward to hold such lawsuit abuse accountable.”