hankyoreh

combining the faces of South Korean President Park Geun-hye and North Korean leader Kim Jong-un.

The Supreme Court said on Dec. 11 that it was upholding a court ruling issuing a suspended 100,000-won (US$85) fine to an artist accused of violating the Minor Offenses Act by putting up wall posters satirizing former President Chun Doo-hwan.

The sentence suspension system allows those accused of minor infractions to avoid punishment if two years pass without a sentence.

Political pop artist Lee Ha (real name Lee Byeong-ha), 47, was indicted for putting up 55 of the posters in the area around Chun’s residence in the Yeonhui neighborhood of Seoul early on the morning of May 17, 2012, the eve of the anniversary of the 1980 Gwangju Democratization Movement. The images showed Chun dressed in prison clothes and handcuffs and carrying a check for 290,000 won (US$250), which was all the money he said he had at time, despite his corruption while president from 1980-88.

The poster by artist Lee Ha depicting former President Chun Doo-hwan holding a check for 290

After a summary indictment, Lee requested a formal trial in the hopes of being exonerated. During the first trial, he described his actions as “a legitimate attempt to realize artistic freedom” and claimed it was “unfair to punish that” as a minor offense.

The court in his first trial handed down a suspended sentence, arguing that artistic freedoms “may be restricted by law for the sake of ensuring national security, maintaining order, and ensuring public welfare according to the Constitution.” In a second trial, the court dismissed his appeal, arguing that “while [Lee’s] aims may be viewed as legitimate, it does not appear that no other means existed to achieve freedom of artistic and political expression.”

Lee called the decision by Justice Kim Yong-deok of the Supreme Court’s third division “an unfathomable ruling” that “does not recognize artistic freedom.”

“It troubles me to think that other people indicted on the same charge would receive a guilty ruling based on this standard,” he said.

A poster by artist Lee Ha titled “Elegant Resignation”

Lee added that he planned to “continue constantly working in various ways to protect artistic freedom.”

Lee has faced trial a number of times over his performances, which have included scattering leaflets bearing images of politicians from the roofs of tall buildings. In June 2012, he was indicted for violating the Public Official Election Act by putting up 200 posters around downtown Busan likening then-presidential candidate Park Geun-hye to Snow White, but was ultimately found not-guilty by the Supreme Court. He has recently been on trial for violating the Minor Offenses Act by scattering 14,450 leaflets and putting up 30 stickers lampooning Park.

By Kim Ji-hoon and Heo Seung, staff reporters

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