Posts mocking independence activists spread online ahead of Liberation Day — but punishment is elusive

As South Korea prepares to mark the 81st Liberation Day, social media posts mocking and insulting independence activists are circulating online — and experts say there is little legal recourse to punish those responsible.

On Friday, the day before Liberation Day, posts ridiculing and caricaturing independence activists were spreading across X and other social media platforms.

Among the posts on X that day were claims that "Yu Gwan-sun's existence as a real person needs to be verified," that Yun Bong-gil "was used as a tool by Kilgu" — a derogatory term for independence leader Kim Gu — "and died," and that "Ahn Jung-geun is controversial — family members and relatives died because of Kilgu's greed." The posts diverged sharply from mainstream historical understanding.

As the posts spread, Seo Gyeong-deok, a professor at Sungshin Women's University, called attention to them, sharing one such post on his Instagram on Thursday.

The post Seo shared described Kim Gu as "a convicted criminal of murder and plunder," Ahn Jung-geun as "the ringleader who set Japan on the path of imperialism and a murderous criminal," and Yu Gwan-sun as having "no particular achievements" and being "a nobody." It also included the bizarre suggestion that "Yu Gwan-sun and Yi Wan-yong shouldn't be forbidden from loving each other — let them love."

Such posts mocking independence activists have appeared repeatedly. In March, ahead of March 1 Independence Movement Day, a manipulated video targeting activist Yu Gwan-sun circulated online, and a doctored video caricaturing Ahn Jung-geun was also posted.

Each time such posts surface, they draw widespread public outrage — but prosecution remains difficult in practice. Article 308 of the Criminal Act prohibits defamation of the dead, stipulating that anyone who damages the reputation of a deceased person by spreading false facts may be sentenced to up to two years in prison or fined up to 5 million won ($3,530). However, mere mockery or denigration of historical figures does not meet the legal threshold for punishment.

Kim Hee-gyun, a professor at the University of Seoul School of Law, said "defamation of the dead requires the statement of specific facts — simple ridicule does not constitute that." He added: "If the person were alive, it could constitute criminal insult, but because they are deceased, that charge does not apply. Criminal punishment is very difficult."

Legislative efforts are also underway. Lee Gae-ho, a lawmaker of the Democratic Party of Korea, introduced a bill in March to partially amend the Act on National Holidays.

The proposed amendment centers on new prohibitions against insulting historical figures associated with national holidays. It would impose up to five years in prison or a fine of up to 50 million won on anyone who spreads false information about historical facts or figures related to national holidays; up to two years in prison, detention, or a fine of up to 5 million won on anyone who publicly states facts that damage the reputation of such historical figures; and up to one year in prison, detention, or a fine of up to 2 million won on anyone who insults such historical figures.