INTERVIEW | Byun Hee-jae Fights for Press Freedom in South Korea

In September 2023, JAPAN Forward interviewed Byun Hee-jae, a South Korean reporter and press freedom advocate. At the time, Byun faced a criminal trial for his investigative journalism. Byun's extensive probe had reignited public attention on a scandal that rocked South Korean politics. However, it had also sparked fierce resistance from powerful forces determined to silence him.

This story began on October 24, 2016, when JTBC, a major South Korean broadcaster, reported that President Park Geun-hye's civilian confidante, Choi Soon-sil, had been meddling in state affairs. Central to JTBC's claims was a tablet PC purportedly used by Choi to access confidential documents and communicate with government officials. The report fueled a massive political scandal and nationwide protests, culminating in President Park's impeachment and imprisonment.

Byun wrote an article questioning this media coverage and the subsequent prosecutorial investigation. In response, JTBC filed a defamation lawsuit against Byun. In May 2018, the court detained Byun without a trial. He was later sentenced to two years, of which he served one before being released on bail.

Byun appealed the lower court decision. As he awaits a decision on his appeal, he faces the threat of an even harsher punishment.

The South Korean journalist is currently in the US, seeking to raise international awareness of his case.

We reached out again to hear his story. Excerpts follow.

The Lawsuit Against Byun

You've been on trial for six years over an article alleging JTBC and prosecutorial misconduct. Can you provide more details?

It seems manifest that my trial should have included an examination of the tablet PC reported by JTBC and testimony from Kim Han-soo, the former Blue House administrator, who I believe was the actual user of the device. However, the court failed to conduct these basic investigations and decided to imprison me for defamation.

The appellate proceedings dragged on for years, with judges being replaced multiple times. Just when the trial court finally granted my appeal, allowing for an examination of the tablet and calling Kim Han-soo as a witness, the bench was suddenly replaced. The new court annulled everything.

I recently presented hard evidence to the court that disproved JTBC's account of how the tablet was obtained. But the court ruled that no evidentiary examination was needed. It canceled all witness testimonies and abruptly announced it was going to sentencing.

Are you the only one who has expressed concern?

Several South Korean and Japanese intellectuals voiced their concern to the court, but their petitions went unanswered. Meanwhile, the prosecution is seeking prison sentences of three, two, and one year for three other Media Watch journalists charged alongside me.

The prosecution is also pushing to revoke my bail because I have publicly stated during rallies that the tablet PC was tampered with. The court has said it will schedule a session soon. And as the primary figure in this case, the prosecution will likely seek a five-year sentence against me.

Byun's Lawsuit Against Yoon Suk-yeol

Last summer, you filed a lawsuit against President Yoon Suk-yeol. Can you share the background and current status of this lawsuit?

My investigation revealed that Yoon Suk-yeol played a key role in the probe into the manipulation of the so-called "Second Choi Soon-sil tablet." This was during his tenure as a prosecutor. The "First Choi Soon-sil tablet," reported by JTBC in late 2016, has long been shrouded by public suspicion regarding its true user.

Responding to these doubts, Yoon led a special prosecutorial team on the case. It falsified evidence about the "Second Choi Soon-sil tablet," and alleged [the tablet] was used by Choi Soon-sil to interfere in state affairs. This manipulation ultimately became a decisive factor in the impeachment and imprisonment of Park Geun-hye.

*The book "I Know What They Did That Winter" by Byun, published in 2023, sold over 10,000 copies. (©Kyobo books)*

What happened to the tablet that seems key to the case?

Furthermore, as the then chief prosecutor of the Seoul Central District Prosecutors' Office, Yoon requested my preliminary detention.

I, therefore, filed a lawsuit against Yoon in July 2023, but his office did not adequately respond. This isn't surprising.

The Korea Cyber Forensic Professional Association (KCFPA) revealed that crucial evidence disproving Choi's ownership of the Second Choi Soon-sil Tablet had been deleted. It's outrageous that prosecutors tampered with sealed evidence, yet forensics indicated that the tablet contained photos of the investigator.

Relationship Between the Two Cases

Do you believe your ongoing investigation into President Yoon and the tablet issue is influencing your criminal trial?

Of course. Last summer, the prosecutor unexpectedly requested my bail be revoked in my criminal trial. When I looked into the reason, I discovered it was because of my continued participation in rallies organized by both right- and left-wing groups. The central theme of these rallies was that "Yoon Suk-yeol is a criminal who manipulated the tablet and should step down."

I have recently expanded my legal battle to include SK Telecom, a major telecommunications conglomerate. During Park's impeachment, prosecutors not only tampered with the First Choi Soon-sil Tablet but also manipulated its cell phone contract to falsely link it to Choi Soon-sil. As I continued exposing SK Telecom's involvement, the prosecution again indicted me for allegedly defaming the company.

Why hasn't your claim—that the incumbent president fabricated evidence to frame his predecessor—become a major issue in South Korea?

The answer lies fundamentally in the entrenched factional logic of South Korean politics. Yoon Suk-yeol spearheaded the impeachment investigation and imprisonment of conservative President Park Geun-hye, gaining favor with her liberal successor, Moon Jae In.

This success elevated Yoon to Seoul Central District Prosecutor. There, he targeted and imprisoned more than 200 conservative intellectuals to appease the left-wing regime. However, when Yoon began investigating Moon's key ally, Cho Kook, then Minister of Justice, it turned him against the [Moon] administration. The move forced him to shift alliances back to the conservative turf he had once suppressed.

*Former Prosecutor General Yoon Suk-yeol greeting conservative constituents in Eunpyeong District on Aug. 3, 2021 (©고려 Wikimedia commons)*

Right-wing constituents in South Korea backed Yoon's presidential bid, thinking he was the only man capable of exacting revenge on Moon and the left-wingers. After becoming president, Yoon indeed took a more confrontational stance against the left, launching retaliatory investigations against heavyweight political figures like Lee Jae-myung and Song Young-gil. Given this political climate, both sides seem constrained to remain silent about Yoon's involvement in the tablet manipulation case.

You are currently in the United States and have recently declared your intention to seek political asylum.

Although I was initially under travel restrictions as part of my bail conditions, it was unexpectedly lifted. I got married at the end of September, and since the restriction was lifted, I was able to travel to the United States with my wife.

Unlike my home country, the United States has no concept of criminal defamation. Americans deeply value freedom of speech and expression, making it unthinkable for a journalist to face criminal prosecution or imprisonment simply for raising concerns about an issue like the tablet controversy.

What do you plan to do next?

I'll start by raising awareness of Yoon's tablet tampering and highlight how abnormal my entire situation is.

As part of this plan, I am also considering applying for political asylum. I held a press conference before the South Korean Consulate in LA on October 12, where I called to replace judges at my criminal trial. If they respond by revoking my bail or imposing a prison sentence, I will be compelled to seek asylum here.