- Police Say Infringement on Private Rights Far Outweighs Public Interest Considerations. Judges Find Grounds for Criminal Charges. Case Sent to Prosecution.
- Legal Experts State, “There Are No Grounds for Exempting the Illegality”… The Christian Gospel Mission and the Church Members’ Council Strongly Demand Punishment for Producer Cho.
Original article in Korean here
Producer Cho, who produced the Netflix documentary In the Name of God, has been accused of violating the Special Law on the Punishment of Sexual Violence Crimes. As public opinion on the matter intensifies, signs have emerged of related figures engaging in an organized effort to help Producer Cho evade prosecution, sparking controversy.
Last year, members of the Christian Gospel Mission’s Church Members’ Council and church elders filed a report against Producer Cho on charges of violating the Special Law on the Punishment of Sexual Violence Crimes for producing In the Name of God. The Seoul Mapo Police, which launched the investigation, determined that there was evidence of a crime and referred the case to the Seoul Western District Prosecutor’s Office in August. In October of last year, Producer Cho completed his first round of questioning as a suspect, and the case was recently assigned to Prosecutor Kyung-jun Yoo following personnel changes at the Seoul Western District Prosecutor’s Office.
Producer Cho, who underwent prosecution questioning, appeared on multiple media outlets, claiming that he had no choice but to act for the public interest, and has since initiated a public relations campaign. Professor Kim, who was deeply involved in the production of In the Name of God, also posted a message on the <Anti-JMS Activity online community>, mentioning the name of the prosecutor handling the case, saying, “Producer Cho has been referred to the Seoul Western District Prosecutor’s Office,” and encouraged others to file complaints. Additionally, a reporter from a press company that had closely covered the CGM also reportedly urged people to submit petitions to the Mapo Police Station, the Western District Prosecutor’s Office, and the National Petition Service in a chatroom he manages, showing further signs of organized efforts to support Producer Cho.
The Christian Gospel Mission and the Church Members’ Council State, “We Cannot Overlook Producer Cho’s Serious Violations of the Law,” and Submit Petitions
In response, the Christian Gospel Mission’s Church Members’ Council also urged, “We cannot overlook Producer Cho’s serious violations of the law,” calling for him to be strongly punished in accordance with the law and principles. Church members supported this by submitting petitions.
Article 10 of the Constitution of the Republic of Korea states, “All citizens shall have dignity and worth as human beings, and the right to pursue happiness.” Additionally, Article 17 stipulates, “All citizens shall not be infringed upon in their privacy or freedom.” The Church Members’ Council argued that Producer Cho violated the personal rights outlined in the Constitution, thus breaching both legal and moral standards.
With the release of In the Name of God Part 2 scheduled, a representative from the Church Members’ Council expressed strong concern, stating that if these illegal actions are not punished, there is a risk that private videos and photos, which could cause misunderstandings, will be maliciously exploited without the consent of the individuals involved. They also warned that before the harm caused by In the Name of God has been healed, another significant wound could be inflicted.According to legal experts, the defamation crime under the Penal Code includes a provision that does not punish defamatory acts if the information is true and solely for the public interest. However, the Special Law on the Punishment of Sexual Violence Crimes does not include any special provision regarding the exemption of illegality. The police determined that, even if there is a public interest purpose, it is difficult to conclude that achieving the public interest necessarily requires the use of the video, and that the infringement on private interests was much greater, resulting in a recommendation for prosecution. The prosecution was concerned about secondary harm to the individuals involved, as the videos in In the Name of God made it possible to identify those filmed. Even a pastor who had left the CGM and became involved in anti-JMS activities appeared directly on the program and said, “I know those in the video.”
According to Article 14, Section 2 of the Special Law on the Punishment of Sexual Violence Crimes, any person who distributes, sells, leases, provides, or publicly exhibits or screens a recorded or duplicated material, or who, even if the recording under Section 1 was not against the will of the subject at the time of recording (including cases where one records their own body), later distributes or otherwise disseminates the recorded or duplicated material against the will of the subject, shall be subject to imprisonment for up to 7 years or a fine of up to 50 million Korean Won. While Producer Cho claims to have prioritized the public interest, legally, such actions are considered serious crimes, and the outcome of the case is being closely watched.
Meanwhile, the release of In the Name of God Part 2, which Producer Cho is producing, has been continuously delayed since the end of last year. The Church Members’ Council believes that the release will be difficult, as a legal lawsuit concerning In the Name of God is currently underway against Netflix’s U.S. headquarters. The trial is scheduled to take place in Delaware, USA.
Reporter Hwang Seong-ik
