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 Post subject: Re: Kim Seongryong and the "Me Too" movement
Post #21 Posted: Fri Apr 20, 2018 3:38 am 
Honinbo

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As I understand, the alleged victim's original post was not anonymous (though, it was on a forum for Korean pros), and early articles (which you can still find online) state her name directly. When some reporting sites contacted her for comment, she said she wished to remain anonymous, though, with the details given all over the internet, it's obviously not that anonymous. Apparently, the alleged victim was even being contacted by people outside of Korea and the go world, due to all of the MeToo stuff, which probably isn't pleasant.

I don't know the law in Korea in regard to this situation, but I would be very surprised if anyone were prosecuted due to the reporting. People really get on news stories in Korea. Several years back, a lady's life was severely impacted since everyone was spreading her picture around since her dog pooped in public transit (https://archives.cjr.org/behind_the_new ... l_is_n.php). People contacted her personally, gave her death threats, etc. It spread like wildfire since everyone wanted to share the gossip.

Regarding the current situation, it's considerable to just ask the alleged victim what her preference is in regard to public discussion, but on the other hand, that could come across as a sensitive topic to discuss with her, unless you are close friends or something.

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 Post subject: Re: Kim Seongryong and the "Me Too" movement
Post #22 Posted: Fri Apr 20, 2018 3:56 am 
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I'll add that, in general, people are more into other people's business in Korea from my perspective. I happen to be in Korea right now, and just today on the subway, a girl wasn't really following her mother's instructions. In America, I'd consider that to be an issue between the mom and her parent, regardless of how I felt the mother or parent should behave. But what I observed today was that some old lady stranger felt obliged to reprimand the child, grab her by the arm, and tell her that she should listen to her mother better. She lectured her for some time, as the mom started to chat on her phone.

It's a difference in culture, I think. When someone does something you think is socially wrong in Korea, people feel inclined to voice their opinion to strangers, especially if they have seniority in terms of age.

That's not exactly the situation in this thread, I suppose, but given these types of cultural differences, I'm not surprised to see gossip spread like wildfire in these types of scenarios, regardless of any notion of privacy that one might have.

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 Post subject: Re: Kim Seongryong and the "Me Too" movement
Post #23 Posted: Tue Apr 24, 2018 8:24 am 
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There is a petition to sign, for those who want to help raise awareness of this issue, and hopefully reduce the chance of these kind of things happening again in the future:
https://www.ipetitions.com/petition/metoo

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 Post subject: Re: Kim Seongryong and the "Me Too" movement
Post #24 Posted: Tue Apr 24, 2018 9:10 am 
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That is a poorly-worded petition. By signing it, what are you agreeing with?
- Rape and sexual assault are serious crimes and I strongly condemn them (I agree)
- I wish to signal sympathy and support for the (alleged) victim (I agree)
- Kim is definitely guilty (I disagree, and even if I did due process is important)
- Resolving this quickly is more important than resolving it thoroughly and fairly (I disagree)
- "Innocent until proven guilty" doesn't matter (I disagree, but this doesn't mean I don't believe the claims, it's a complex issue)
- This is a simple issue and bandwagons are fun (I disagree)
- This should be widely discussed (I'm not sure)


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 Post subject: Re: Kim Seongryong and the "Me Too" movement
Post #25 Posted: Tue Apr 24, 2018 3:23 pm 
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Uberdude wrote:
That is a poorly-worded petition. By signing it, what are you agreeing with?
- Rape and sexual assault are serious crimes and I strongly condemn them (I agree)
- I wish to signal sympathy and support for the (alleged) victim (I agree)
- Kim is definitely guilty (I disagree, and even if I did due process is important)
- Resolving this quickly is more important than resolving it thoroughly and fairly (I disagree)
- "Innocent until proven guilty" doesn't matter (I disagree, but this doesn't mean I don't believe the claims, it's a complex issue)
- This is a simple issue and bandwagons are fun (I disagree)
- This should be widely discussed (I'm not sure)


It is indeed not ideally formulated, but the intention is clear: raising awareness of this issue and trying to reduce further such incidents.
Cho Hye-yeon 9p signed the petition too.

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 Post subject: Re: Kim Seongryong and the "Me Too" movement
Post #26 Posted: Wed Apr 25, 2018 5:20 am 
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sorin wrote:
It is indeed not ideally formulated, but the intention is clear: raising awareness of this issue and trying to reduce further such incidents.


I disagree. The English translation of the petition explicitly includes the phrase: "and urge Kim Seong-ryong to apologize to said victims." To me, that phrase is entirely unambiguous. It says that, by signing the petition, one is declaring their belief that Kim Seong-ryong is guilty.

That petition is not merely "not ideally formulated," it is extremely objectionable according to the presumption of innocence that underpins modern justice.


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 Post subject: Re: Kim Seongryong and the "Me Too" movement
Post #27 Posted: Wed Apr 25, 2018 9:48 am 
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Let's get some things clear here :

- It is a rape case
- It happened 9 years ago, Kim Seongryong cannot be brought to court because the Korean law does not allow prosecution 6 month after the events.
- However, if Kim Seongryong wants to bring his own truth and wants to say that the victim is lying, than the victim will be allowed to defend herself with proofs
- I won't discuss here the proofs the victim has but the fact that Kim Seongryong (and his lawyer) has been silent for a week says a lot.

About a more moral point of view :

- I do believe in innocent until proven guilty and I do believe that 10 criminals outside prison are better than 1 innocent inside prison.
- However I do not believe in those principles anymore when it comes to sexual harassement and/or sexual assault simply because the justice system is completely broken regarding those issues. We ask to the victim to go to the police, sure, then what ? You have a policeman completely untrained about such issues, asking completely inappropriate questions and doubting the victim. As I said on a facebook post, this is the rape culture (check it out on google) that the world where the victim lives in shame and the rapist walks without any kind of guilt.
- It may be innocent until proven guilty, but trust the victims. Thousands of cases of sexual assaults and harassment but of course people chose to talk about the handful of false ones. That's also part of the rape culture.

About the petition :

- It was poorly worded, then a text was add (in english) to help understand the case a bit more. The petition is not a goal but a mean, a mean to bring awareness to such issues.

- This topic is perfectly named, because it all started with the break out of Metoo in Korea (few month after the Weinstein scandal) it started with members of the government and businessmen. Few weeks ago, many female pros met at Kiwon (Korean Baduk Federation) to discuss about their stories. Needless to say it is not pretty. The story currently talked about is the one making most noise as of now but it is only the first of many.


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 Post subject: Re: Kim Seongryong and the "Me Too" movement
Post #28 Posted: Wed Apr 25, 2018 10:18 am 
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It is an emotive issue. On one hand, you have the fact that a lot of justice systems are really injust in these cases, but on the other hand you have to accept that some victims are not actually real victims. Recent topical example here http://www.bbc.com/news/uk-northern-ireland-43739327 40 years ago this would have ended with the court being bombed, but now society has moved on, and we instead discuss things like apropriate behaviour in relationships.

With the advent of the metoo movement, my memory is jogged. 20 years ago, or around that time, I've heard tell that certain professionals visiting the EGC would invite young women to come to study with them in whichever country they came from. Couldn't happen now.

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 Post subject: Re: Kim Seongryong and the "Me Too" movement
Post #29 Posted: Wed Apr 25, 2018 11:47 am 
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Charlie wrote:
it is extremely objectionable according to the presumption of innocence that underpins modern justice.

Set against that, I also find objectionable to justice that under South Korean law the truth is a not a defence against defamation. Even in England, which is a popular destination for libel tourism, we had the defence of "fair comment" which turned into "honest opinion" a few years ago.

And then there's the wider context of sexual assault being an under-reported crime with few convictions, victims being afraid to speak out for fear of stigma, public attacks on character, trauma, unsympathetic police/courts etc. By its nature it's a serious crime, but often the evidence isn't better than "he said, she said" (particularly around consent), so proof beyond reasonable doubt is hard. From reading a few articles it seems the culture/law in South Korea is even worse for victims than in much of Europe/America, though with Me Too hopefully that is changing and there are now calls to revise the defamation law. So a petition raising these issues, calling for a proper investigation (not swept under the carpet) and giving support to victims in a considered manner is something I would support.

[Wrote above before ben0 posted, update for him]:
Isn't the 6 month for a civil case, the statute of limitations for rape is 10 years, so still (just) within it. (But I understand she may not wish to go that route).


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 Post subject: Re: Kim Seongryong and the "Me Too" movement
Post #30 Posted: Wed Apr 25, 2018 12:59 pm 
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Are you sure about the 6 month thing? I recall reading that the alleged victim wasn't interested in making him go to jail, but might press charges if Kim doesn't apologize since it's been less than 10 years, which i think is the limit. IIRC, this is from words of the victim's friend.

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 Post subject: Re: Kim Seongryong and the "Me Too" movement
Post #31 Posted: Wed Apr 25, 2018 1:07 pm 
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Kirby wrote:
Are you sure about the 6 month thing? I recall reading that the alleged victim wasn't interested in making him go to jail, but might press charges if Kim doesn't apologize since it's been less than 10 years, which i think is the limit. IIRC, this is from words of the victim's friend.


I also heard that South Korea has a 6 month limit for rape victims to sue.
So indeed in this case justice in the legal sense is not what the petition is about, but it is about justice in the moral sense.


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 Post subject: Re: Kim Seongryong and the "Me Too" movement
Post #32 Posted: Wed Apr 25, 2018 1:35 pm 
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I don't know if this guy is accurate, but he seems to disagree:

https://www.google.com/amp/s/klawguru.c ... -rape/amp/

Quote:
1. “The statute of limitations is 6 months…”

I say: No. Before June 2013, it used to be that a victim had to file a criminal complaint (고소) to the police/prosecution within 6 months of having fallen victim. FYI, a statute of limitations (공소시효) is something entirely different. (e.g., It’s when the police/prosecution have no leads, and finally the perpetrator cannot be prosecuted. Also, it’s not 6 months. For rape perpetrated against an adult, it’s always been 10 years!)


I'll see if I can find that quote related to this case about the victim.

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 Post subject: Re: Kim Seongryong and the "Me Too" movement
Post #33 Posted: Wed Apr 25, 2018 1:42 pm 
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Here it is:
http://www.tvbaduk.com/news/news_view.a ... _no=524235

Quote:
강간죄는 공소시효가 10년이라 아직 시효가 남아있는 걸로 안다”고 말했다.


The statute of limitations for rape is 10 years, so there's still time for legal action.

That being said, the article suggests that the alleged victim is mostly interested in an apology rather than legal action.

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Post #34 Posted: Wed Apr 25, 2018 2:46 pm 
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I found this page:
https://www.google.com/amp/s/www.bbc.co ... s-43193816


Quote:
이전에는 성범죄가 '친고죄'로 규정돼 성폭력(강간·강제추행) 피해자가 성폭력을 당한 뒤 6개월 이내 신고하고 처벌 의사를 명시해야 처벌이 가능했었다.

그러나 2013년 6월 19일 친고죄가 폐지됐고, 성폭력(강간·강제추행) 공소시효는 10년이다. 하지만 2013년 6월 19일 이전에 벌어진 성범죄의 경우 여전히 친고죄 규정이 적용되는 애매한 상황이다.


Seems like prior to June 19, 2013, you had 6 months to report something, but after that it was abolished and became a 10 year statute of limitations. However, for cases that occurred prior to June 19, 2013, it's a little more unclear.

I dunno - this is just a news article, and I'm no lawyer :-p

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 Post subject: Re: Kim Seongryong and the "Me Too" movement
Post #35 Posted: Mon May 07, 2018 3:28 am 
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Update:

http://koreajoongangdaily.joins.com/new ... id=3047742

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Post #36 Posted: Thu May 17, 2018 1:09 pm 
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Update:

Diana Koszegi got a surprise hug from Rui Naiwei. Here is a partial screen shot of her Facebook post:
Image


Original sports.sina.com link in Chinese: http://sports.sina.com.cn/go/2018-05-17 ... 8759.shtml

The last line in Diana's post is PinYin for Chinese "谢谢芮老师”,meaning "Thank you Rui sensei".


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