Libel charge vs Korean national

CEBU, Philippines - A Korean national is facing criminal charges for allegedly posting libelous statements on a website against a Filipina.

Prosecutor Alex Gabud indicted Kim Jae Ku for libel for allegedly ruining the reputation of complainant Marie Ann Park by maliciously subjecting her to “public contempt and ridicule.”

Article 354 of the Revised Penal Code states that “every defamatory imputation is presumed to be malicious, even if it is true, if no good intention and justifiable motive for making it is shown.”

Gabud recommended P10,000 bail for Ku’s temporary liberty.

The case was elevated to the court after the accused failed to submit his counter-affidavit despite demands.

In her complaint, Park said that on June 17, 2011 she was told by Hyun Woo Won, a Korean National who was her business partner, to check the website phil22cafe.

Phil22cafe is a site for a group of Koreans based in Cebu which is often viewed by Koreans here and abroad who are interested to study, live or do business in Cebu.

Park said that upon checking the site she saw a post containing “malicious imputation of a crime which dishonored her and Hyun Woo Won.”

Though she cannot understand the Korean Language as she was a Filpina married to a Korean national, her friend Won explained to her the gist of the post.

“I proceeded to the Consulate General of the Republic of Korea in Manila and had the post translated in English which had a title that reads, Cebu solicitation for murder, fraud Jin Hyun Park and his wife Marie Ann Park’s pictures,” she said.

Park said it was shown that the writer of the said post was basic7410 or respondents Hong Gi Dong and Kim Hyun Ju, based on their phil22cafe account.

She added that she found another post uploaded by worn1153 which is the phil22cafe account of respondent Ku.

“In the said internet post, there is a picture of respondent Kim Jae Ku posing before the NBI Office in Manila and holding a printout of complainant’s picture,” she said.

Park said what the three posted caused her disgrace.

Based on the foregoing facts, Gabud said he only found enough evidence as to respondent Ku, and dismissed the complaint against Dong and Ju for lack of evidence.

“As to the identity of the three respondents, only Kim Jae Ku has been sufficiently identified by the complainant,” resolution reads.  (FREEMAN)