Documentary director Jeong Yoon-seok, who was convicted for filming a disturbance at the Seoul Western District Court, has filed a constitutional appeal against the court's ruling.
On May 28, Jeong held a press conference at the Minbyun office in Seocho-gu, Seoul, alongside several organizations including the Cultural Solidarity, Minbyun Public Interest Human Rights Litigation Center, After the Blacklist, Citizens' Coalition for Media Reform, and the Korean Independent Film Association to explain the background of his appeal.
Jeong named the presiding judges of the Seoul Western District Court, the Seoul High Court, and the Supreme Court as respondents in his appeal.
He stated, "As I observed the actions of the investigative agencies and judges, I experienced significant confusion regarding my identity as an artist. Despite respecting the court's procedures, I felt compelled to file this appeal because the Supreme Court did not uphold the spirit of the rule of law."
He added, "Freedom of expression is essential for artists. If this case is dismissed by the Constitutional Court, I will respect that decision, but I will accept it as an objective truth. There is a need for legislative and executive improvements to enhance the treatment of cultural and artistic professionals."
Seo Chae-wan, deputy director of the Minbyun Public Interest Human Rights Litigation Center, argued, "The Supreme Court's ruling contradicts previous decisions made by the Constitutional Court. Despite Jeong explicitly asserting the illegality of his arrest during the appeals process, the court did not consider this, and the Supreme Court deemed it acceptable not to review this issue. This indicates a failure to follow the legal procedures mandated by the Constitution and laws."
Seo further claimed, "Not separating the arguments is an abuse of litigation authority and violates Article 22 of the Constitution, which protects artistic rights, as well as Article 68, Section 3. It also violates Articles 19 and 21 of the International Covenant on Civil and Political Rights, which have domestic legal effect under Article 6, Section 1 of the Constitution, and infringes on the principles of proportionality and the essence of rights, as well as equality rights."
Previously, Jeong was charged with trespassing and other offenses after entering the Seoul Western District Court with supporters of former President Yoon Suk Yeol shortly after a warrant for Yoon's arrest was issued in January of last year.
In court, Jeong defended his actions by stating he entered the premises with a camera for public interest purposes. However, both the first and second trial courts found him guilty and imposed a fine of 2 million won.
Unlike the first trial, the second trial court acknowledged that Jeong was focused on filming separately from other protesters. However, it concluded that court staff would have difficulty distinguishing between Jeong and those involved in the disturbance, leading to the guilty verdict.
The Supreme Court upheld the lower court's ruling last month, finalizing Jeong's conviction.
* This article has been translated by AI.
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