Guest Post: Blue House Chief of Staff Im Jong-seok vs. Dr. Ji Man-won: Im sues Ji for defamation; Ji sues Im for National Security Law violations

The following guest post is submitted by Dr. Tara O. While I’m writing about the Circus in Singapore, Dr. O informs us about far more consequential things for Korea’s future.

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On May 31, 2018, Im Jong-seok (임종석) (age 51), the Blue House Chief of Staff, sued Dr. Ji Man-won (지만원) (age 75) for defamation. Im also sued a small, online independent news outlet called Newstown (http://www.newstown.co.kr/), which publishes Dr. Ji’s work, and others for defamation at the same time.

Dr. Ji, who has been researching and publishing about the Gwangju uprising, has referred to Im Jong-seok as “Jusapa” (주사파). Ji is charged with uploading writings that refer to Im as “the core and the godfather of Jusapa” and an “extreme communist” on his website (http://systemclub.co.kr/) last year. Ji based the evidence for his claim on an announcement by the Agency for National Security Planning’s (ANSP) (predecessor to the National Intelligence Service). According to ANSP, “Jusapa is behind the National Council of Student Representatives (NCSR)” (전국대학생대표자협의회 or 전대협 for short, pronounced Jeondaehyeop). Im Jong-seok was the head of Jeondaehyeop in 1989. In essence, this government document links Jusapa ideology to the organization that Im Jong-seok was leading at the time.

Kang Gil-mo (강길모), who was a core member of the Anti-American Youth Association (반미청년회), which was the largest backer of Jeondaehyeop, said it is correct that “Jusapa created Jeondaehyeop.” Note: Another member of the Anti-American Youth Association was Ahn Hee-jeong (안희정), former governor of South Chungcheong Province who ran for South Korean president in 2017. He was in charge of organizing at the time.

Hong Jun-pyo, Kim Moon-soo, and numerous others have also called Im Jong-seok “Jusapa.”

Defamation laws in South Korea 

South Korea’s defamation laws are quite different from the laws in the U.S. in 3 major ways. 1. Defamation can be a crime in South Korea whereas it is a civil case only in the U.S. 2. A statement can be true and accurate and yet a person can still be found guilty, and 3. The burden of proof that a person did not commit defamation is on the accused, not the accuser.

According to “South Korea’s Defamation Law: A Dangerous Tool” on Pen America:

[A] public statement can also be completely true and still qualify as criminal defamation. If the court finds that the defendant had made true statements with the “intent to commit defamation” and not out of “public interest,” the defendant can still be convicted—facing up to three years in jail or a $20 million KRW fine ($17,830 USD). More importantly, the burden is on the defendant to prove to the court the vague meaning of “public interest.

Compare the above with the defamation law in the U.S.:

Defamation is considered to be a civil wrong, or a tort. Defamation law walks a fine line between the right to freedom of speech and the right of a person to avoid defamation. On one hand, people should be free to talk about their experiences in a truthful manner without fear of a lawsuit if they say something mean, but true, about someone else. On the other hand, people have a right to not have false statements made that will damage their reputation.

The key differences in the laws show the protection of the freedom of speech is significantly weaker in South Korea.

Additionally, defamation lawsuit cases have been increasing in South Korea. From 1954-1980, about 30 libel cases were reported. The numbers increased quite a bit during the 1981-1991 period, with 48 court rulings reported. Fast forward to 2016, there were 17,401 defamation lawsuits, according to the Supreme Prosecutors’ Office statistics.

Detective Hong Seung-wook (홍승욱, Department head) of the Seoul Central District Prosecutor’s Office questioned Dr. Ji on why Ji called Im Jong-seok “Jusapa.” The prosecutors will determine whether Dr. Ji had the intent to slander Im before they decide whether or not to indict Ji.

Shortly after, Ji countersued Im for violating the National Security Law, sections 4, 5, 7, and 8–including supporting anti-ROK organizations, praising Kim, fraud, and embezzlement.

What is Jusapa?

Jusapa is short for Juche Sasang Pa (Juche Ideology group). It emerged during the 1980s under the guise of the “democracy movement,” mainly at universities, consisting of a group of people who devoted themselves to Kim Il-sung and his Juche ideology. They follow the line of North Korea’s National Liberation People’s Democratic Revolution Theory (민족해방 민중민주주의 혁명론). They believe that the Republic of Korea should have never been born, see the U.S. as an obstacle to unification, and ultimately want to achieve a unified Korea under the Kim family’s Juche ideology and build a communist society through revolution.

Why is Ji Man-won suing Im Jong-seok for violating National Security Laws?

South-North Economic and Cultural Cooperation Foundation

In 2005, Im Jong-seok founded and led as chairman, the South-North Economic and Cultural Cooperation Foundation (남북경제문화협력재단). The Foundation has been collecting royalties from MBC, KBS, SBS, and other TV and online broadcasters for North Korean TV footage. According to the Ministry of Unification, the foundation collected an estimated $1,876,700 over 13 years and transferred the royalties to North Korea until the Cheonan sinking in 2010. It is still collecting royalties on behalf of North Korea’s Chosun Central Broadcasting Commission, with the plans to transfer the money once the sanctions are lifted. The foundation even called the Ministry of Defense Public Affairs and demanded royalties for using the missile test footage in July 2017. North Korea does not pay for footage from South Korean broadcasts.

The foundation also has other revenue streams. One is membership and the other is education & research. It collects about 32,700,000 Won (~$30,000) on average for its annual membership. It also became a contractor to the Seoul City and Seongdong District governments, developing South-North “peace education” programs. What is interesting is that the contract with Seoul City was signed on the same day as when Park Won-soon, Seoul City Mayor, appointed Im Jong-seok as the Deputy Mayor on June 11, 2014. Im was the campaign manager for Park prior to that in 2014, and successfully led to Park Won-soon’s re-election.

Politics of Loving Comrade Letter

Im Jong-seok authored a letter called “Politics of Loving Comrade” for the Action and Solidarity for Workers’ Liberation (노동해방실천연대) organization in 2010, which is posted on its website. It states:

Half a century has already passed since the National Defense Commission Chairman Kim Jong Il launched his Songun [military-first] Revolutionary guidance. The reason that the National Defense Commission Chairman’s Songun policy keeps moving forward with victory after victory is because Chairman Kim’s Songun policy is politics of love, politics of camaraderie.

It repeats the same theme throughout in an Orwellian fashion. For instance, he writes that Kim showed love for his comrades when “he sang songs with those who finished guard duty late at night on January 1, 1995, during the long march [famine].” Im also writes that Kim expressed “extraordinary love” when Kim gave Huh Dam (허담), a Party Central Committee’s Political Committee member, a 60th birthday gift of a notebook, upon which Kim wrote, “I’m Jong-il, you’re Huh Dam.”

The Action and Solidarity for Workers’ Liberation website states, “[T]he collapse of socialist societies in 1989 created the illusion that there is no alternative to overcome capitalism, and that capitalism and freedom have finally won,” but further stated that it is not the case. It also states “securing human life and liberation from savagery is possible only through the overcoming of capitalism and through socialism.”

Sent Lim Su-kyung to North Korea in 1989

In 1989, Im Jong-seok sent Lim Su-kyung (임수경) to North Korea to attend the 13th World Festival of Youth and Students. Here’s a video of Im’s phone call with a North Korean sports delegation chief visiting Austria. The phone call was to discuss the World Festival attendance. She met Kim Il-sung and praised him (start watching the video from 1:30). North Korea referred to her as “the flower of unification.” Both Im and Lim were wanted by the police for violating the National Security Law. Im Jong-seok was on the run for 10 months, making flash appearances at various universities, while slipping through a network of 120,000 police and with a 10,000,000 Won reward for his capture. He was finally captured on December 18, 1989. Upon his arrest, the media surrounded a rather relaxed Im and held a Q&A session. He said he apologizes to one million classmates for being captured, as he has much to do.

Lim Su-kyung went to jail, but was released early by Kim Dae-jung. Later, she became a National Assemblywoman as a proportional representative. She is known best for her trip to North Korea in 1989, but most recently, she is known for her drunken diatribe against a defector at a bar in 2012. She said, “Defector (expletive), shut your mouth and live quietly now that you are in the Republic of Korea. Don’t keep bringing up strange things like human rights…you’ll get hurt.”

Im Jong-seok had a long political history since being released from jail. Most notably, he became a National Assemblyman, Deputy Seoul Mayor under Park Won-soon, and now the Chief of Staff under Moon Jae-in.

Lack of Renunciation of Jusapa Past

Im Jong-seok became angry when the National Assemblywoman Jun Hee-kyung, Liberty Korea Party, talked about Jusapa at the Blue House. She pointed out that the Moon administration has numerous Jusapa personnel, who have had anti-U.S. and anti-ROK government views. Im sidestepped the topic and did not refute it.

Changing ideology is not easy. Kim Moon-soo, a former labor activist who turned away from a socialist ideology, currently running for Seoul Mayor, has said many times that renouncing a deeply held ideology is harder than quitting smoking (33:20).

Im Jong-seok still has not renounced his Jusapa belief system.

Im Jong-seok has a long history of documented pro-North Korea activities and has failed to renounce his Jusapa beliefs. Defamation of character against a political figure in the U.S. requires meeting a high bar, and the burden is on the accuser. It is shocking the lawsuit is occurring at all, that the truth is not a defense against defamation, and that the burden of proof is on the accused in South Korea. It is sad and unfortunate that Im Jong-seok is able to use the legal system to silence his critics, putting a black mark on South Korea’s liberal democracy.