The Past 70 Days Cornering Lee Sun-kyun

"If you take it lightly, others will too. If you take it seriously, others take it seriously. That's how everything is just is. You always come first. The past? It's nothing. If you think it's nothing, then it's nothing".

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There is a sense of deja vu in the lines of Park Dong-hoon (Lee Sun-kyun) in the tvN drama "My Mister". Actor Lee Sun-kyun may have repeated it several times before making the extreme choice. After the investigation into the alleged drug administration was released to the media, the suspect eventually died. It has been about 70 days since the internal investigation of drug administration was reported.

Was it necessary?

Until it was revealed that he died on December 27th, he was actively calling for a lie-detector investigation. What was revealed in the process was that after the police announced the charges, they could not find any concrete evidence of Lee Sun-kyun's alleged drug administration and that A, who is related to Lee's alleged drug administration, was also sued by Lee Sun-kyun for blackmail. Although no formal prosecution or legal judgment was made, a brief examination and a detailed examination were processed, and unusually, Lee Sun-kyun stood on the news photo line, setting the stage for a public opinion trial.

The Incheon Metropolitan Police Agency's drug crime investigation team said, "It was not a coercive investigation because we received consent", in the wake of criticism over the coercive investigation, adding that it was actually a legitimate procedure. However, the legal community, including lawyer Lee Eun-ui, seems to be strongly pointing out that it can't be excused. On the 27th, Lee Eun-ui posted on social media, saying, "No one can avoid responsibility just because it was not a coercive investigation", adding, "This case was exposed to the media from the internal investigation stage even though it was not a case that would be known to the public because there is a victim".

The Ministry of Justice also enacted and implemented the 'Regulations on the Prohibition of Disclosure of Criminal Cases' in 2019, setting a practical basis for restrictions on the publication of suspected facts. This was revised in July last year under the leadership of Justice Minister Han Dong-hoon, and although some restrictions were weakened, such as the revival of T-time for the person in charge of the case, and the abolition of the Criminal Case Disclosure Review Committee, the purpose of thoroughly protecting the human rights of those involved in the case remains in effect.

Looking at the 'Regulations on the Public Information of Criminal Cases' implemented on July 22nd, 2022, the principle is that the facts, investigation status, and all contents of criminal cases before prosecution should not be disclosed through Article 5. Of course, there are exceptions through Article 9. However, it also stipulates that this should be based on objective and sufficient evidence or data, and it is stipulated to the minimum extent to reveal the authenticity of the report.

Was Lee Sun-kyun's report on the investigation process the result of keeping the above regulations? Despite the presumption of innocence and the principle of legality, Lee Sun-kyun and singer G-Dragon, who were investigated on the same charges at a similar time, were also disclosed to the media. It was even known that Lee Sun-kyun's lawyers consistently requested a private summons ahead of the third summons investigation on the 24th, but the police finally ignored it. This is also a decision that violates the 'prohibition of filming of the investigation process' within the "Regulations on the Public Information of Criminal Cases". Even if the exception rule is applied, it is difficult to see Lee Sun-kyun's case as an imminent statute of limitations or an important case with great national and social damage, so it is highly likely to be regarded as a police overreach.

TV Chosun and established media are no different to cyber wreck cars

Immediately after the death was confirmed, the bereaved family of Lee Sun-kyun refused to release the autopsy and suicide note. However, TV Chosun reported the suicide note in detail even mentioning the real name of Lee Sun-kyun's wife in its 9 PM report on the same day.

Many media outlets published articles criticizing the report on the contents of the suicide note or replacing the deceased's article to convey the will of the bereaved family, but not a few media outlets re-applied the contents of the TV Chosun report. A number of online entertainment media, including general newspapers such as Daily An, Money Today and E-Daily, also published articles citing TV Chosun reports. JTBC drew criticism on the morning of the 26th by disclosing specific statements, including that Lee "used a straw to inhale with his nose" during the police investigation.

On the 26th, a 16-minute phone call with A was posted on the YouTube channel "Lateral Research Institute". It is known to be gibberish between private individuals and provocative and explicit content that does not contain any public interest. This recorded version has spread indiscriminately on other cyber wreck car channels. The content has been viewed in the hundreds of thousands or as close to 2 million views so far. Some analysts continued to analyze whether such a series of incidents may have had a great influence on the background of Lee Sun-kyun's extreme choice.

Last month, KBS also came under heavy criticism when it disclosed part of the phone conversation between Lee Sun-kyun and A. It was mainly about provocative content rather than public interest, with contents related to personal life being exposed without addition or subtraction. As it sounds, it is hard to tell the difference between a media outlet and a cyber wreck car.

This incident cannot be defined as an 'eventful incident', which appears regularly at nearly every end of the year. Regarding the death of someone who contributed to promoting the status of Korean films globally, foreign media are mentioning the pressure and cyberbullying during the investigation process. What should we think of this phenomenon where all of us point fingers at each other but instantly heat up with voices of remembrance and self-reflection? It is time to comprehensively examine whether the investigation authorities' actions are a shadow of the public security situation from decades ago, whether they will let reckless YouTube content stand by as it is, and the public's attitude toward the media, social implications, common sense, and level of morality.