The case of documentary director Jeong Yun-seok, 45, who filmed the scene during the Seoul Western District Court disturbance and received a finalized guilty verdict along with other participants, will be reviewed again by the Constitutional Court to determine whether it was appropriate.
On the 21st, the Constitutional Court held a conference of a designated panel of three justices and referred Jeong's trial petition, which challenged the court's finalized guilty verdict, to the full bench.
Earlier, after an arrest warrant was issued for former President Yoon Suk-yeol, protesters climbed over the wall, broke windows, and entered the grounds, causing a disturbance at the Seoul Western District Court. Jeong also entered the premises. However, he argued that he entered the Western District Court with a camera for the public interest of recording the scene.
The court did not accept this argument. The first and second trials fined Jeong 2 million won, and the Supreme Court finalized the lower court's ruling on Apr. 30.
The court cited as the reason for guilt that although Jeong did not engage in active acts of intrusion, employees at the Western District Court at the time could not distinguish between Jeong and the other participants.
In filing the trial petition, Jeong's side said, "The court must distinguish between the exercise of basic rights, such as freedom of art, which should be protected, and criminal acts for which responsibility should be imposed," and noted, "It refused to recognize 'justifiable act,' a ground for negating illegality under the Criminal Act, on the grounds that he was not a news organization or a reporter." They added, "This is a ruling that infringed freedom of art and freedom of expression, freedom of the press and publication, and the right to equality."
An official at the Constitutional Court explained, "Jeong's act is both 'part of an artistic act' and has the character of a 'public record' on matters of public interest and重大 social issues," and said, "Ultimately, the issue is whether it falls under constitutionally protected freedom of art and freedom of the press and publication or journalism, and the scope and limits of protection of those basic rights."