Webtoon artist Ju Ho-min has lost the first round of a defamation damages lawsuit he filed against YouTuber Ppukka. The court ruled that even if some of Ppukka's statements were inaccurate or exaggerated, they could be viewed as expressions of opinion based on publicly available materials about a case that had drawn significant public attention at the time.
According to Sisa Journal, the Suwon District Court ruled against Ju and his wife Tuesday in their damages suit against Ppukka.
After their complaint against their son's special education teacher on child abuse charges became public, the couple filed suit last year seeking 35 million won ($26,500) in damages plus accrued interest, alleging that Ppukka had spread false information and damaged their reputation.
So-called "cyber wreckers" are YouTubers who sensationalize and distort other people's incidents and controversies for profit.
Ju's side argued that Ppukka had defamed the couple in videos by using insulting language, calling them people who "don't know gratitude and stab you in the back" and "typical gapjil parents."
The couple took particular issue with claims that Ju's wife had demanded the replacement of their son's sex education instructor, that she had contacted the homeroom teacher at all hours including nights and weekends, and that she had visited the school with her maternal uncle and loudly demanded the teacher's dismissal.
The court, however, found that Ppukka's videos introduced content and expressed opinions based on publicly available materials — including media reports and press releases — related to a case that had attracted wide social attention at the time. It said the mere presence of some inaccurate or exaggerated statements was insufficient to establish liability for damages.
The court also found it difficult to conclude that Ppukka had posted the videos with the intent to defame the couple or that he had been aware of any falsehoods in his statements. Even if the couple found the remarks offensive, the court said it was hard to see them as "clearly exceeding the bounds of what must ordinarily be tolerated in the course of criticism on matters of public concern."
Meanwhile, Ppukka had earlier suffered a partial loss in a 30 million won damages suit brought by BJ Gwajupseyeon last October, with the court ordering him to pay 10 million won in compensation.
In that case, Ppukka had raised allegations that Gwajupseyeon had engaged in sexual relations in exchange for money and had gambled in Las Vegas. That case is currently in its second trial following Ppukka's appeal.
The case involving Ju and his wife's child abuse complaint against their son's special education teacher also awaits a Supreme Court ruling. A first-instance court suspended sentencing in February 2024, imposing a 2 million won fine on the teacher, but the appeals court acquitted the teacher after ruling inadmissible the audio recordings that Ju's wife had obtained by placing a recorder in her son's school bag.
betterj@heraldcorp.com