Filmmaker appeals conviction for filming inside Seoul court

Documentary filmmaker Jung Yoon-suk has lodged a constitutional appeal with the Constitutional Court of Korea, challenging his conviction for filming inside the Seoul Western District Court during a public disturbance. The ruling, which found him guilty of trespassing and resulted in a fine, was upheld by the Supreme Court on May 30, rejecting his defense that his actions constituted legitimate conduct protected by freedom of expression.

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Filming at the Western District Court was my duty and profession as an artist. The fight over the past year was solely to protect my rights as an artist, and for no other reason.

Jung, known for his documentaries on social issues, was arrested in January 2023 while filming the events at the court. The lower courts imposed a fine of 2 million won, a decision that the Supreme Court confirmed. Jung's legal team, alongside the Lawyers for a Democratic Society's Public Interest and Human Rights Litigation Center, argues that the courts' decisions deviate from established Constitutional Court precedents. They contend that the conviction was based on unlawful arrest and illegally obtained evidence, violating due process and infringing upon Jung's fundamental rights.

Lawyer Seo Chae-wan, deputy head of the Public Interest and Human Rights Litigation Center, asserted that the court's ruling fails to recognize artistic expression as a form of public discourse, contrary to the Constitutional Court's stance that art can contribute to public knowledge. The legal team highlighted that JTBC journalists, who filmed the same incident inside the courthouse, were cleared of charges due to the "public interest" nature of their reporting. They argue that treating Jung's filming as mere personal recording, rather than an act of artistic expression on a matter of public concern, contradicts the broader interpretation of freedom of expression endorsed by the Constitutional Court.

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Freedom of expression for an artist is the courage to speak the truth and an essential condition for protecting the beauty of this world.

Jung himself stated that filming the court incident was "an artist's duty and profession." He emphasized that his year-long legal battle was solely to protect his rights as an artist. "Freedom of expression for an artist is the courage to speak the truth and an essential condition for protecting the beauty of this world," Jung said, explaining his decision to pursue the constitutional appeal. He believes that artists must actively defend their rights to be respected as members of a democratic society.

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The court's ruling contradicts the Constitutional Court's decisions that recognize artistic expression as a public act contributing to the public's right to know.