In a case involving allegations of sexual assault between professors at Yeungnam University, a professor received a "no suspicion" decision from prosecutors. The professor filed a countersuit, saying the female professor who raised the allegation gave a false interview, but after the case went to the Supreme Court, the professor failed to have defamation recognized.
The Supreme Court said on Feb. 4 that it has finalized the lower court ruling acquitting Yeungnam University Professor A (female), who was put on trial on a defamation charge, on Jan. 15.
The case goes back to 2019. In June that year, Professor A had a staff dinner with Professor B at the same university. Professor A reported to police in early 2021 that after B saw A home, B sexually assaulted A. In May 2021, A also posted on the Cheong Wa Dae public petition site that Yeungnam University was trying to cover up the sexual assault case.
Police investigated Professor B and decided not to refer the case. Based on a phone call between A and B the day after A claimed to have been sexually assaulted, social media (SNS) messages after the incident, and witness statements, police determined there was insufficient evidence to recognize that a sexual assault occurred. A filed an objection and the case was sent to prosecutors, but prosecutors also issued a nonindictment for lack of suspicion.
In three media interviews between April and May 2021, Professor A claimed to have been sexually assaulted by Professor B. B filed a complaint, saying that even though there was no rape, A caused articles containing that claim to be published, damaging B's reputation.
The first trial sentenced Professor A to eight months in prison, suspended for two years. The first-instance court said, "Given that the criminal case in which A accused B of rape resulted in a nonindictment by the Daegu District Prosecutors' Office, a dismissal of appeal by the Daegu High Prosecutors' Office, and a dismissal of an application for adjudication by the Daegu High Court, it is reasonable to view the statement (that a sexual assault occurred) as false."
The second trial acquitted Professor A. The appellate court said, "It is difficult to find that it has been proven beyond a reasonable doubt that A's statement in the interview that A was raped by B was false." The court cited, among other things, the fact that a lie detector test by police showed deceptive reactions for both A's and B's answers.
The Supreme Court dismissed the appeal, finding that the lower court did not misunderstand the legal principles.