② (영문본)언론소비자주권 국민캠페인 사례

[쭈니]

Case of  The Korea Press Consumerism Organization

Lee Tae-bong (KPCO founder)

1.    Overview

The Korea Press Consumerism Organization (hereafter KPCO) was founded in May and June of 2008 as an internet community website in line with the citizens’ boycott of the advertisements on three Korean newspapers in order to report that the view on the U.S beef importation changed to the opposite of that under the former government and to boycott Chosun Ilbo, The JoongAng Ilbo, and The Dong-A Ilbo (hereafter Chojoongdong) for making distorted reports on the candlelight demonstration against the conditions of importation.

The KPCO, which operates on a DaumCafé, an internet forum service provided by Daum(Korean web portal), posted the Ad list of Chojoongdong daily to facilitate the boycott.

As the boycott spread, The Chosun Ilbo and The Dong-A Ilbo made a request to Daum to delete all such postings. The Chosun Ilbo even demanded a closedown of the cafe.

The three newspapers’ market share together is over 70%. As media gurus, they used their power of influence to pressure the political and business circles, labeling the citizens’ act of free speech and a consumer movement as unlawful and demanding a criminal punishment.

Consequently, all such postings and the related were deleted. 21administrative staffs of the café were prosecuted and found guilty of committing business interference under criminal law in February 2009. Its appeal case is currently in process. The freedom of speech on internet in Korea was seriously infringed and reduced as a result of the event.

2.    Deletion of postings as webmaster’s provisional measure

The Chosun Ilbo sent out an official document to major websites requesting a deletion of all such postings. However, the webmasters did not accede to it. Then, from June 20, 2008, The Chosun Ilbo and The Dong-A Ilbo submitted a deletion request for each postings. The postings asked to be deleted were those related to Ad list or the boycott, and those criticizing the distorted reports of The Chosun Ilbo and Dong-A Ilbo.

Thus, Daum webmaster followed the Provisional Deletion for 30 days, and brought the case to Korea Communications Commission. Since then, The Chosun Ilbo and The Dong-A Ilbo closely monitored the KPCO café and requested for deletions on the spot. Five minutes was enough time for a new posting to be deleted.

3.    Permanent deletion due to administrative deliberation and advice

On 1^st July 2008, out of 80 postings requested for deliberation by Daum, Korea Communications Commission ruled in favor of deletion for 58 posting, stating that they violated its provisions. Also, it advised the internet businesses to delete ‘similar cases’ in its official notification of the deliberation result. The 58 postings were permanently deleted immediately. Many other similar postings both on KPCO café and other internet forums were also permanently deleted.

Not only postings that reported the name, phone number, website address of the advertiser, but also those with a link to websites that had Ad list postings was permanently deleted.

According to media reports, over 600 postings were permanently deleted for being a ‘similar case’ from July 2nd to 7th in 2008 PD Journal(2008.7.9)

4.    A request for a closedown and regulation of forum

Unsatisfied with mere deletion requests, The Chosun Ilbo requested a closedown of KPCO café in an official document sent on June 23.

Daum brought the matter to Korea Communications Commission, and it deliberated ‘a cooperation request for a self-purification regarding information on the advertisement boycott against specific newspapers’. Following such administrative decision, Daum made a request to KPCO café to be mindful of its operation. Wary of a closedown, KPCO café’s activity declined significantly.

5.    Criminal punishment of KPCO administrators and authors of Ad list posting

2008. 6.17	President Lee	“The internet could become poisonous”
6.18	Economic 5th Cycle	Prohibition pressure on posting Ad List on portal websites.
6.19	National Grand Party (Ruling Party)	Party leader, Hong Jun Po, pressuring strong actions against the boycott
6.20	Kim Kyung Han, Chief Justice	Special investigation command, conveying official document, commanding strict investigation  Immediately announced investigation course and plan according to prosecutor’s command.
6.21	Prosecutor	Massive exclusive investigating team formed of 5 prosecutor, 10 investigator Charge or without charge investigation conducted
7.3	Prosecutor	23 Café webmaster  forbidden to leave country (including 2 minors and 1 MBC cover writer)
7.3~	Prosecutor	Charge on Chojungdong Accusing the advertising company and urging appeal
7.15	Prosecutor	search and seizure on 5 café webmaster’s house and office ( confiscated computer, storage device, cellphone, call history, and email)
7.18~8.14	Prosecutor	Start summon investigation. High degree investigation from morning till night, 1~3 times individually for 25 people (public holiday and mid-night investigation, including 1 middle schooler)
8.19	Prosecutor	Prior arrest warrant for six people 5 café webmaster and google advertising list ‘poster”)
8.21	The Court	2 arrested (café founder, google advertising list provider), 10.21 until bail was judged arrested in Seoul detention center for 61 days
8.29	Prosecutor	24 prosecuted (including 1 minor)
9.17	The Court	Start of trial of first instances (18 trials, one trial per week)
2009.10	The Court	Chief justice,Shin Youngchul unfair intervention during candlelight vigil trials
2009. 2.19	The Court	Justice department of first instances, all 24 found guiltily charged 10 months prison with 2 year probation
5.11~12.18	The Court	5 court of appeals , Least, 10months prison with 2 year probation. Found guilty.
12.18~	The Court	12.18 the accused and the prosecutor both appealed Still pending in the appeals

6.    Political oppression of free speech

After President’s remark “Internet could be poisonous” about the KPCO’s boycott against the advertisement, there was unjust chain of pressure for investigation connecting Chojoongdong-economic circle-ruling party-Ministiry of Justice, and the public prosecutors carried out an intense investigation including travel ban, seizure, and arrest warrant request all without an official charge.

 Also, according to the judge in the court of first instance, ‘two judges who have been criticized by The Chosun Ilbo et al. regarding former cases’ were excluded for this case. Excluding the two judges by discretion because they were mentioned in The Chosun Ilbo’s article is a clear violation of the defendants’ right to have fair trial and a unjust political action that gives The Chosun Ilbo a way to avoid the judges they dislike.

Thus, the conviction of KPCO is a decision made under the prosecutors’ unreasonable investigation and the president of court’s unlawful interference with the trial and a political oppression of free speech and consumer movement.

7.    Serious threat to freedom of speech

The postings made as a part of KPCO’s boycott was deleted and the prosecutors carried out an intense investigation, which ended up and a conviction at the court.

Minerva was arrested and prosecuted for posting a critical remark on the government’s economic policy. Also, four internet users who wrote most viewed postings on Agora, an internet forum, were charged under business interference for having manipulated the view.

As a result of these series of events, the freedom of speech online in Korea was seriously violated and reduced. The reduction emerged in two ways; 1) the decline in both quantity and quality of internet expressive activity 2) cyber refugees who changed their sphere of activity to foreign websites, such as Google or Yahoo.

People stopped writing one at all, or do a self-censoring when writing. Not only that, many internet users delete their posting made in the past.

In order to enjoy some freedom of speech, the internet users became cyber refugees who no longer uses the services provided by domestic internet business, but moved to that of foreign websites that are free from the influence of Korean government.

People started posting Ad lists on Google. The Ad lists deleted by Daum were not deleted on Google.

Such phenomenon appeared not only on online postings but for private emails. Many citizens changed their email to Google, after seeing the confiscation of all information from email, unrelated to the case, during the course of investigation, All 24 people prosecuted from KPCO changed the email to Google as well.

Regarding such events in Korea, Foreign Policy, a U.S magazine specializing in foreign policy, selected Korea as a country that censors the internet along with four other countries on March 25, 2009. It reported that "Korea is a leading IT country with the over 90% internet subscription, whose governmental regulation on internet is also at the top level."

On 11^th March, 2010, AP reported that the Reporters Sans Frontières (RSF) categorized Korea as monitoring country on internet censorship. RSF reasoned that Korea threatened anonymity and had strict regulations triggering self-censorship. This organization lamented that compared to October last year, press freedom index has fallen from 22 to 69. 

[왕멍이]

조중동 이 쓰레기들때문에 언론의 자유는 물론 국민들의 의사표현의 자유가 얼마나 위축됐는지 모릅니다. 지들이 온라인상에서의 활동을 모두 막을수 있다고 착각하는것인지..역사의 큰 흐름에 역행하는 자들이 과연 살아남을수 있는지 두고봅시다.