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Artist Kim Gyu-na (center) and members of the Free Writers' Association. [Photo by Reporter Lim Yo-hee]
The first public trial of artist Kim Gyu-na, who was indicted on charges of defaming the May 18th Democratization Movement, was held at the Bucheon Branch of the Incheon District Court on the 2nd at 11 AM.
Article 8 (Prohibition of Spreading False Information about the May 18th Democratization Movement), Paragraph 1 of the Special Act on the May 18th Democratization Movement, etc., stipulates that denial, slander, distortion, or dissemination of false information about the May 18th Democratization Movement shall be punishable by imprisonment of up to five years or a fine of up to 50 million won.
In the trial presided over by Judge Hwang Bang-mo of Criminal Division 7, Kim Gyu-na's defense team argued for acquittal based on Article 8, Paragraph 2 of the same law, which states, "However, acts under Paragraph 1 performed for the purpose of art, academia, research, theory, or news reporting shall be excluded."
Attorney Gu Chung-seo, Kim Gyu-na's lawyer, submitted a written statement and argued for her acquittal based on the following three specific reasons:
First, the reference to the May 18th movement was only a few lines within a critique of novelist Han Kang's work and was not written with the intent to defame. Second, the statement expressed an opinion rather than stating facts. Third, there was no intent, and thus it is not subject to punishment.
Artist Kim Gyu-na, who had remained silent until then, stated the following during her final plea:
"Esteemed Judge, an artist is not someone who rests content with the predetermined answers of the world, but someone who poses questions in forbidden territories.
I do not know if my writing caused discomfort to someone, but if that discomfort becomes the basis for 'punishment,' then the freedom of literature and thought will lose its ground.
I sincerely hope that the verdict in this court today will serve as a milestone proving that the 'freedom to speak' still lives in South Korea."
Meanwhile, the prosecution requested a fine of 1 million won, the same amount as in the summary indictment.
The sentencing is scheduled for May 28th.
Artist Kim Gyu-na. [Photo by Reporter Lim Yo-hee]
In the gallery that day, colleagues and fans from groups such as the Free Writers' Association and the ROTC Patriotic Comrades' Association, who came to support artist Kim Gyu-na, observed the entire proceedings of the trial.
At a press conference after the trial, artist Kim Gyu-na said, "This trial could be the beginning of several similar trials. I hope this trial becomes the start of protecting the freedom of speech."
The Free Writers' Association prepared and read a statement that day with a banner that read "For the Value of Freedom and Creation."
Jeong Kwang-je, Secretary-General of the Free Writers' Association, stated in the association's statement, "This trial is not an individual criminal case. It is a case that concerns whether an artist in South Korea can raise questions about history and present a dissenting opinion to public memory and state-sanctioned interpretations, and what the limits of such allowances will be."
He further emphasized, "Interpretations of history cannot be fixed into one. Literature is a process of asking questions, and criticism involves discomfort. The moment we begin to deal with that discomfort through punishment, society leans towards silence."
From left: Jo Yang-geon (left), head of the National Federation of Organizations for the May 18th Democratization Movement; artist Kim Gyu-na; Won Jong-sam, president of the ROTC Patriotic Comrades' Association. [Photo by Reporter Lim Yo-hee]
From left: Attorney Gu Chung-seo; director Heo Eun-do; Jeong Kwang-je, Secretary-General of the Free Writers' Association; Kim Jung-rak, member of the Free Writers' Association.
For the Value of Freedom and Creation. [Photo by Reporter Lim Yo-hee]
By Reporter Lim Yo-hee
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