Ex-President Yoon found guilty of abusing power in foreign media case

The Hankyoreh reports on a pivotal moment in the legal proceedings against former President Yoon Suk-yeol. The appellate court's decision to convict Yoon on charges of abusing power, specifically for disseminating false information to foreign media during a past state of emergency, marks a significant shift from the initial acquittal.

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The appellate court found that the duty of care regarding the preparation and distribution of press releases should be derived from the duty of integrity under the State Public Officials Act.

The core of the appellate court's reasoning hinges on the concept of 'violation of duty of care.' Unlike the first trial, which found no explicit legal basis for a presidential secretary's duty to ensure factual accuracy in press materials, the appellate court invoked the general duty of integrity for public officials under the State Public Officials Act. This interpretation suggests that public officials, including presidential secretaries, have an obligation to avoid misleading the public, even when preparing materials for foreign press.

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The act of having the overseas public relations secretary prepare false press guidance constitutes an abuse of power.

The court's emphasis on the need for accurate information dissemination, both domestically and internationally, highlights a critical aspect of modern governance. In an interconnected world, foreign media reports can significantly shape public perception and understanding of a nation's affairs. The ruling underscores that the government has a responsibility to ensure that information shared abroad is not only timely but also factually grounded, thereby protecting the public's right to know and preventing the spread of misinformation.

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The duty of care borne by public officials in charge of press release preparation and distribution includes not misleading the public with information that contradicts objective facts known to the administrative agency, or exaggerating or making definitive statements about uncertain points.

This ruling is particularly noteworthy from a South Korean perspective, where political accountability and the integrity of public discourse are paramount. The differing interpretations of the law between the first and second trials underscore the complexities of prosecuting high-ranking officials and the ongoing debate surrounding the precise definition and application of abuse of power charges. The case will now proceed to the Supreme Court, where the legal battle over the interpretation of these statutes is likely to intensify.

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The need for accurate information delivery in state affairs in an open society like South Korea is the same for foreign media as it is for domestic media.