“The Law Stands with Victims” Series: The time Park Jinseong’s victims have walked through
By
Lee Eunui
Published:
March 30, 2023
Translated
by Jun Jihai
It
was the fall of 2019. A few women writers came in. Yoo Jinmok was one of them.
What brought them to my law office was not their own doings. That day I heard a
familiar name again, “Kim Hyeonjin, Born 1998.” [This is a reference to Cho
Namju’s novel Kim Jiyoung, Born 1982. The book deals with the life of an
average woman in misogynistic Korean society. It faced a harsh backlash from
anti-feminism communities.]
A Poetry Class Ruined by Sexual Harassment
In 2015, Hyeonjin was a 16-year-old high school student. Living in a small town, she wanted to study creative writing in college to be a poet, but she had no idea what to do to make that happen or how to write poems. The only resource she could count on was the Internet. She found Park Jinseong's blog, and his online poetry lesson was 120,000 KRW per month. Getting into college could not be an additional burden on her mother's shoulders, which were already heavy with the weight of working at a diner to feed her family as a single parent. That 120,000 KRW was all she had collected by saving little by little for over a year. But she decided to pay the fee to take his class.
Hyeonjin
had been thrilled because she thought it was an excellent opportunity, but she
became pretty uncomfortable once the classes started. Park Jinseong seriously sexually
harassed her during the month via the Kakao Talk messenger app and phone calls.
The
poet, who was 20 years older than his student, sent her Kakao Talk messages
almost every day. “Let’s hold hands while walking on the streets,” “I will be
your lover/because I want to,” “Be my lover,” “Do you have any experience with
women? Have you ever held hands, kissed, hugged, or even had sex with one?”
“Not just a teacher/I’m your teacher and a man,” “I will kill myself if you turn
me down,” “It’s possible to have sex with each other’s mind /Our minds can be
purely blank while our bodies are having sex,” “Hey, /I wrote a poem/Have I
shown you?/It’s super erotic/It’s about sex/Wanna read?” “I want to have
Bread-Hyeonjin.” He called her and said, “Women should be taught by men to be a
woman.” In addition, he even asked for a picture of Hyeonjin in a school
uniform.
It
was a dilemma for Hyeonjin: she could not give up the poetry class that she had
scraped up every penny to take, but she did not want to tolerate and respond
politely to such remarks. She expressed her discomfort: “Don’t say things like
that,” “I will report you to the police for violating the Act on Sex Offenses
against Youth.” (The actual name of this act is “Act on the Protection of
Children and Youth Against Sex Offense”.) But he didn’t stop. This middle-aged
poet sexually harassed her, hinted that he knew her high school, and said he
would go there to give her a book. Hyeonjin used to look up to him as a poet
and a teacher, but his words were not merely disappointing but rather shocking
to her as a girl who was only 16 years old.
She
told her concerns and frustrations to her best friend every day. It was a
subject that she could not bring up with her mother who was working hard to
raise her and her older brother all alone. The fall of her second year in high
school, the first step toward her dream—these were both stained by intolerable
acts of sexual harassment. As she could not endure it anymore, she had no
choice but to end the poetry class.
Falsely framed as a “defaming gold digger,” Hyeonjin gave up being a poet
After
several months, Park Jinseong reached out to her with an offer of more poetry
classes, but Hyeonjin did not respond. When the college entrance exam was right
around the corner, she tried to get in touch with him to get advice on
polishing her poetry drafts. The man who persistently tried to get a high
school girl as his lover suddenly kept silent. Hyeonjin did not resent him for this or
consider it odd. Memories of the sexual harassment and uncomfortable feelings of the year before
came back, making her skeptical about her chances of going to college to study
creative writing or composing poems. In the end, she decided to give up on
poetry entirely.
Her
mother and school teacher suggested choosing a different major, and she did. At
that time, the #MeToo movement was sweeping Korean society. Hyeonjin heartily
joined the movement. She wished for there to be no more victims like herself. So
in October 2016, she wrote a Twitter exposé on what she experienced without
revealing the perpetrator’s name.
Even
though she did not write his name, Park Jinseong knew what she wrote was true
and the perpetrator in her tweets was himself. Perhaps that is why he tried to
contact her right after she made the tweets. Revealing the truth in an open
space had a real impact. The middle-aged man finally gave her the apology that the
high school girl could never get even after refusing him many times with
desperate words such as “You are violating the Act on Sex Offenses against
Youth” or “I like girls, not boys.” But his apology was conditional. He
insisted that she should not tell anyone his name. He would kneel before her to
apologize, give her free poetry classes, and pay for therapy, he said.
Hyeonjin
said no to him many times, but that was not enough to stop him from insisting
she should not reveal his name and pressuring her to accept his apologies. At not
even nineteen, young Hyeonjin was intimidated by the fact that he knew her
number and was tired of this never-ending conversation. Her initial intention
was to express support for the victims by sharing her experience with no angle
for compensation. Hyeonjin’s remark, “I’d like to have money if you insist,”
should be understood as a rejection and an attempt to end the conversation, not
literally. The perpetrator offered compensation, such as free poetry classes or
payment of medical expenses, but Hyeonjin rejected all of them. She did not ask
for anything.
Hyeonjin’s
refusal to be silenced took a heavy toll. [Hyeonjin revealed the perpetrator’s
name on March 29th, 2019 on Twitter.] Even though the messages clearly full of
sexual harassment and pressure to be silent were still there, like feces on the
streets, Park defamed her by making a statement online that “Kim Hyeonjin, Born
1998” was a criminal who defamed him with lies. He maliciously edited their
Kakao Talk chats to frame her as being after money. Sometimes himself, or
sometimes with his lawyer acquaintance, he urged her to ‘confess’ and apologize.
He even exposed her name, age, hometown, and pictures of her on the Internet
without her consent. This went on for years.
The victim was not aware of a
lawsuit related to herself; the perpetrator’s win in court against a newspaper
led to him suing Hyeonjin.
Park
Jinseong turned the victim, a 19-year-old college student, into a “defaming
gold digger,” and filed a civil lawsuit against Hankook Ilbo, a Korean
newspaper, arguing that its reporting on him in relation to the #MeToo movement
was false. [In 2016, Hankook Ilbo issued several reports on allegations
of his sexual harassment against five women.] Hyeonjin was not even aware that
there was an ongoing trial at that time. Of course, she had no chance to defend
herself. In that first trial, the court took the perpetrator’s side, saying
that the newspaper's reporting was “defamation by public allegation of false
facts.” The decision was indifferent to the truth. The sexually harassing
messages dumped over a 16-year-old girl like sewage were submitted to the
judges as evidence—but
they believed she had faked it. The lawsuit case was settled through
arbitration at the appeals court. And
Hyeonjin, even at that moment, was excluded.
The
court’s wrong decision left repercussions. Anti-feminism communities, dominated
by male users, had Park Jinseong as a symbol of a victim of the false #MeToo
movement. After winning the case, Park Jinseong accused Hyeonjin of defamation through
her alleged false #MeToo accusations, demanding 30 million won in damages.
Women writers gathered to raise
money for litigation expenses
When
she received the complaint from the perpetrator on October 17th, 2019, Hyeonjin
was a 20-year-old junior in college, and she was poor. She had managed to hide
her pain from her mother while walking through a long, dark tunnel of harm so
as not to put more weight on her mother’s shoulders. But the perpetrator was
asking for 30 million in damages this time. The victim broke down. Overwhelmed
with despair, she wrote a Twitter thread explaining her circumstances. The
first person who decided to take her hand was Yoo Jinmok.
Yoo
Jinmok and Park Jinseong had been in the same literature club in college. She was
made miserable by his obsessive courtship and harassment, and later by rumors
that they had had a relationship. After she published Dictionary of Hatred,
a novel that accused the literary world of sexual violence, Park Jinseong
pestered her, saying that even though he did not do what one of the perpetrator
characters in her story does, that character must be him. He relentlessly wrote
on his social network account that they used to be in a relationship and she
was defaming him with lies. He continued for several years, pushing her to the
verge of mental breakdown. For her, he was a perpetrator who had tormented her
with obsessive, one-sided courtship 20 years ago and who kept telling the lie
that they had been in a relationship, disrupting her writing career even after
20 years.
She
had been an 18-year-old freshman then, but she was now a writer in her forties.
Yoo Jinmok filed a lawsuit against Park Jinseong. But the Daejeon District
Prosecutors’ Office asked her, the victim, to prove the two had not had a
relationship instead of asking the perpetrator to prove they had. All Yoo
Jinmok wanted was for the defamation to end and an apology. On the day of their
criminal mediation, Park Jinseong screamed and cursed at the courthouse’s front
gate instead of apologizing to Yoo Jinmok, who was heading home with her
husband and lawyer—me. His behavior was beyond my imagination, and since I have
trouble recognizing people’s faces, I almost walked past him thinking he was a mentally
ill person. It was not until I heard it from Yoo Jinmok that I realized who he
was.
When
Yoo Jinmok’s husband protested his behavior, Park began swearing at him. After
telling Yoo Jinmok to record him picking up a fight, I called 911. It was she
who suffered from many of his acts, but ironically, he got his first criminal
punishment because he cursed at her husband. [Afterwards, she also filed a
civil lawsuit against him for damages and fought for years. I stood by her, and
we went through the painful process together.]
Yoo Jinmok understood Hyeonjin’s injury, suffering, and frustrations better than anybody else. Yoo Jinmok took the lead in bringing Hyeonjin’s circumstances to the attention of women writers. The courts did not acknowledge the harm caused to the victim, and people on the Internet, who believe what they want to believe, argued she was a #MeToo liar. But the writers could sense the truth based on empathy and their own experiences. Many drops make a shower; so they started to raise money for Hyeonjin little by little.
When Yoo Jinmok and other women writers visited my office for Hyeonjin, another journey of togetherness began. The starting point was the District Court in Yeongdong County. We responded to the lawsuit against the victim and filed a counteraction. Women writers who took part in raising the litigation expenses joined the long journey calmly. The lawsuit took more than two years, but during that time Hyeonjin and I were never left by ourselves. At the end of the heartwarming lawsuit, the court allowed both parties, Hyeonjin, and Park Jinseong, to take the stand for examination.
Women writers who walked with
Hyeonjin, a 20-year-old college student
The case took a new turn:
farewell to the years of unfairness
In
April 2021, the District Court in blooming Yeongdong got heated. Park Jinseong
tried to provoke me, the plaintiff’s lawyer, by taking issue with my standing
posture. And after the trial, with a lighted cigarette between his fingers, he
flew at me, screaming “Are you her [bleep] lawyer?” To my great relief, my
secretary, a former soldier and martial arts expert, cut him off and stopped
him. The intense situation was cleared up as the women writers who attended the
trial started to come out.
There
had been a wrong judgment in the first place, which served as the legal
foundation for other judgments, but the world did not turn its back on a
desperate fighter for truth. The court ruled that Hyeonjin was right. With this
carefully considered decision, the tide finally began to turn against
injustice.
The
dishonor of being a “#MeToo liar” as well as the frame of “the victim of false
#Metoo” that favored the perpetrator were all brought down. That gave strength
to Hyeonjin and others who had become disheartened. The fund-raising gained steam
to prepare the money for the appellate civil lawsuit and a criminal complaint.
That enabled us to move from civil court to investigation agencies. Unfortunately,
the statutes of limitations of some particularly malicious acts had already
expired, but there were other ones that were still within the statute of
limitations. Even in this commotion, Park Jinseong never stopped condemning the
victim. He posted an edited Kakao Talk chat on the Internet, arguing that he
and Hyeonjin were in a relationship. But the end was near.
Right
after Park Jinseong lost a case against Hyeonjin for damages, another court ruled
that he defamed Yoo Jinmok with false facts. Although it took nearly a year, his
spate of statements online that Hyeonjin’s #MeToo claims were lies backfired,
and he was sentenced to serve time by the Daejoen High Court as a punishment
for defamation by publicly alleged false facts. The execution of punishment was
suspended, though, but he was additionally ordered to do over 300 hours of community
service. This person, who had underlined that he was a poet composing beautiful
poems in reflection of himself, appealed both the civil and criminal judgments.
Around the same time, Park Jinseong lost his appeal trial on defaming Yoo
Jinmok.
People in need of a “False #MeToo” frame conspired with Park Jinseong; people gathered strength with “Kim Hyeonjin, Born 1998” to break that frame
It
took five years for Yoo Jinmok to be acknowledged as a true victim and to stop the
defiling of her reputation, and Hyeonjin, even now that four years have passed,
is still in the midst of hard times. What has helped them not to fall apart during
those days is, ironically, the more severe and harsh condemnations by other
people. Besides the harm by Park Jinseong, what gave unbearable suffering to
victims were the sideway glances, thoughtless comments, and the accusing of
those who identified with a perpetrator who consistently used fabrication. The making
of Park into a victim of false #MeToo accusations and the delusional frame of
false #MeToo itself are not the work of one person. Most people who had been
enjoying positions which enabled them to be disrespectful felt discomfort and rebelled
against the changes that must be made for the sake of an equal, respectful
society. For them, #MeToo was something bothering and threatening. They wanted
to believe that many of the victims’ stories were false or exaggerated.
For
these people, Park’s claims about false #MeToo must have been appealing. The
court’s ruling that the victim’s #MeToo accusation was false became a magic flute.
The fact that the real victim was excluded from the trial or the full text of
Kakao Talk conversations that contradicted the court’s judgment did not matter
to them. The “victim of false #MeToo” frame was built by people who needed it
to exist.
But
the frame was torn down at last by the victims’ courage, people’s willingness
to contribute to lawsuit expenses and many years of fights. After it came down,
the creators of the frame blamed Park Jinseong as if it had been one person’s
fault, instead of blaming their own foolish and false symbolization. But I
repeat, there were far more than one person who created this widely-embraced, shameful
frame.
On
the surface level, the world finally realized that Hyeonjin, Park Jinseong’s
underage victim and the first to make a #MeToo accusation against him, was the
real victim who had to get through unfairness and had to fight at the risk of
her life. Just like people suffer from radiation sickness after exposure,
Hyeonjin has suffered from being treated as a perpetrator who committed
defamation even though she was the victim of sexual harassment. Her life has
been out of balance, but everything is coming back into place at last. The
world will soon forget the victim’s pain and the perpetrator’s malicious acts. But
Hyeonjin will walk the road of recovery for a while, slowly.
The
pain that Hyeonjin suffered; the long process of getting back on her feet
thanks to the support of others; the life of a victim, moving in the right
direction even if at a slow pace—those will influence people who calmly observe
her, and steer the world that hurt her to take a better way. I am grateful for
our shared journey and the influence she has had on me. It is with support for
the many Hyeonjins in this world that, instead of “Hyeonjin, Born 1998” which
was the result of false frame by the perpetrator, I call her name once again—“Hyeonjin,”
the brave survivor.
Lee Eunui became a lawyer after
graduating from law school in 2014. She opened “Lee Eunui Law Firm” right in
front of the Seoul High Prosecutors' Office and has been handling cases of
sexual violence and sex discrimination. She is not dreaming of extraordinary
justice or immersive progress in our society, but a world with common sense, a
world where reasonable thoughts and discourse are valid. She has been on the
frontline of a battleground for nine years as a lawyer and as a writer who has published
books such as Leaving Samsung,
It’s Okay to Be Sensitive,
Ready to Feel Uncomfortable,
and Gentle Violence.
*Original article: https://www.ildaro.com/9596
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