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The Hollywood Reporter * Berlin Film Festival * 2015 February 09

【FREE! Χ Fantastic Baby】 〜(*▽*〜)(〜*▽*)〜

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Myths & Facts about TOP’s legal issues, Part I

(Part II, Part III)

HI! So, I’ve noticed that international kpop fans believe a lot of myths about South Korea’s criminal justice system and about TOP’s case specifically. The post below debunks just a few of them. There are more which I may get to in another post.

Myth: YGE uses “corruption” gets their artists out of legal trouble, and this is the only reason that TOP is not in jail right now.

Fact:

YGE doesn’t have the pull it was once alleged to have had. 

The first thing we should note is that “corruption” is not a magic wand, and neither is money. We need to be specific about what we actually mean by “corruption”: In YGE’s case it has been alleged that the company had connections with the previous administration headed by Park Geun-Hye. There are two main allegations, both of which YGE has denied:

Park Geun-Hye’s friend Choi Soon-Sil used her connection to the government to get her niece a job with YGE and to associate with YGE celebrities. (source)

YGE would leak gossip about its artists during times when the Park administration was getting bad press in order to distract the public. In exchange, the administration put political pressure on police and media to bury other negative stories or criminal charges for YGE artists. (source pending)

But they’re not in power anymore. Park is currently in prison, serving a 3 year sentence on corruption-related charges (source). There are no allegations that YGE has similar pull with the new administration, headed by Moon Jae-In. Rather than assist TOP, the current government has actually taken advantage of the outrage over his case to advance their own policy goal of dismantling the conscripted police service altogether (source).

The “corruption” thing also just doesn’t pass the sniff test: If YGE was that powerful, how the hell did TOP get charged in the first place, let alone convicted? Which leads us to…

Myth: Regular South Koreans are normally given non-suspended prison sentences for using cannabis, and TOP’s celebrity is the only reason he’s not behind bars right now. He got a lighter sentence because he’s famous.

Fact:

Punishments for cannabis use in South Korea have actually been getting less harsh over time, and a suspended sentence is typical (source).

TOP’s sentence is a 10-month prison term, suspended two years. The important points to make here:

This is on the harsher end of what is precedent in South Korea for cannabis use with no prior history. (source - chart on p. 9)

The prosecution got literally every single thing they asked for. This is not typical. Neither plea bargaining nor joint sentencing are used in South Korea’s justice system, so a judge usually negotiates a sentence between what the defence and prosecution recommend (in TOP’s case, the defence lawyer recommended a fine). This is especially the case with a guilty plea, which TOP gave. (source pending)

The judge specifically mentioned TOP’s celebrity as an aggravating factor (reason the sentence should be harsher) in his sentencing (source)

Myth: TOP was sentenced to probation

Fact: 

TOP has absolutely received a prison sentence, though it is unlikely he will ever have to serve it. A suspended sentence works like this: the judge basically says, “I sentence you to [time] in prison. Usually, people are expected to begin serving their sentence right away, but I will pause the start of your sentence for two years. If you do not break the law again within those two years, I will dismiss your prison sentence. If you do break the law, I will un-pause the start time and you will have to begin serving it immediately.” The key thing to remember with a suspended sentence is that the probation is not the punishment. The prison sentence is. The probation period is the opportunity for the offender to prove they don’t need to serve the prison sentence to be reformed.

So: as of right now TOP is scheduled to begin a 10-month prison sentence on July 20th, 2019. His criminal record will reflect that fact until his probation ends and a judge dismisses the sentence.

Myth: South Korean culture has always been anti-cannabis and kpop fans need to respect this.

Fact:

What is considered “culturally taboo” shifts and changes all the time. Cannabis use was common and accepted in South Korea before the 1970s. South Korea’s modern drug laws and atittudes exist because of a deliberate campaign by a dictator who was working under American influence (source). 

Lastly: do folks really believe that “culture” should be above criticism? Like actually? After TOP was hospitalized, I don’t think anyone got smug about “respecting Korea’s culture” re: mental illness. The opposite happened. There is always lots of talk from international kpop fans about the urgency with which South Korea’s “culture” must change on homophobia, mental illness, racism, etc. What makes South Korean culture and law regarding drug use different to these fans? Especially given the extent that drug use intersects with the above social factors and how drug laws are used to criminalize folks for being poor/mentally ill/queer/black. International kpop fans should reflect on why they are against South Korea’s social conservatism overall yet think it’s intolerant to criticize their drug laws.

Paul Atreides by Alina Krasnovskaya.

Elio Perlman: Hoochie Extraordinaire!