Wonderful Thanksgiving News to Cheer our Hearts as We go into the Holiday Season
This is to report the progress that KHJ fandom has made in the process of filing a criminal report against cyber hate comments, drips and others.
As stated in the previous four notices, KHJ fandom, as a third party plaintiff in the defamation case undermining KHJ's reputation, is in the process of filing a complaint to bring criminal punishment to those engaging in cyber hate comments, drips and others. During last few years, KHJ fandom has paid close attention to persistent and malicious activities of cyber attackers, which have escalated to an intolerable level of defamation and mockery after the recent incidence. We have come to a decision not to tolerate them any further and to take legal action against attackers as a consensus effort of the whole fandom.
Judicial Interpretation of No-Right-to-Sue [No-Right hereafter*] and Lack-of-Proof
Currently, out of the four counts of injury claimed by the accuser against KHJ, three have been sent with the [police] opinion of no-right; and one, with the [police] opinion of indictment. No-right is a determination made when there is no case established due to the lack of legal establishment of a case. This is for a case that the law enforcement agency may find no need to make substantive judgment on either innocence or guilt and must not make any judgment as such. Namely, three out of the four counts of injury claimed by the accuser were already determined that there was no need for an investigation to find either innocence or guilt, due to the lack of required legal establishment of a case.
Lack-of-proof is a substantive determination, when there is no proven criminal act after carrying out an investigation to find either innocence or guilt. No-right is a procedural determination made prior to making substantive judgment on either innocence or guilt, namely, prior to investigating the substance of the case. For the case with no-right determination, even when there's no proven criminal act, a procedural no-right, not lack-of-proof, determination must be made. This is exactly how the no-right determination on KHJ's case is made. (It does not mean that a no-right determination was made in spite of presence of proof, just because the charge was dropped. Rather, it means that, even when there's no proof, a no-right, not lack-of-proof, determination had to be made because [the accuser] lost the right as the charge was dropped.)
Judicial Interpretation of Crime-Unpunishable-against-the-Accuser's-Will [Crime-Unpunishable hereafter
The injuries claimed by the accuser are not categorically crime-unpunishable. A crime-unpunishable is a crime which may not be subject to punishment against the accuser's will. Namely, when the accuser expresses his/her will not to punish the accused, the accused shall not be punishable. The injuries claimed by the accuser, however, are not categorically crime-unpunishable so that the investigation shall not be stopped even though the accuser drops the charges. Namely, if there were any proof of injuries as claimed by the accuser, no-right determinations would not have been made, even though the charges are dropped.
The fact, that the [police] no-right opinion was made on three out of four counts of injury claims, means that the claims by the accuser were factually non-existent and subsequently did not require investigation. If there were any little proof which would require investigation, no-right determinations would not have been made.
As mentioned above, even if it lacks proof, in the case with no-right determination, the procedural no-right determination must be made prior to the substantive lack of proof determination. And that's exactly why no-right opinion was made for the three counts of accusations.
So according to the police report covered in news articles, the one count sent with the opinion of indictment is the one that KHJ stated as mere physical struggle. The 6 week rib injury is one of the counts sent with the opinion of no-right, therefore, it was concluded that there was no 6 week rib injury.
In spite of the police opinions as such, persistent activities of posting and disseminating cyber hate comments and drips against KHJ can be understood nothing but deliberate, malicious and obvious defamation actions to undermine his reputation. With this understanding, KHJ fandom decided to report crime and file a complaint and already posted notices in this regard. Even now KHJ fandom is making a continued effort to collect materials for legal evidences by capturing hate comments and drips. In the process of organizing materials, the subjects, who shall be brought to the court of law, have been clearly identified.
KHJ fandom appointed a law firm to represent for the case and is in due process of filing a complaint. A bank account has already been opened in order to raise funds for lawyer's fees. Though the account was opened very recently, we are very happy to tell you with our sincerest gratitude that we have been able to raise enough funds to meet our first goal (lawyer's fees) in a shortest possible time. We would like to express our deepest appreciation to many KHJ fans in Korea for their tenacious lead and unabridged support for KHJ and in this regard, and also to international fans who has shown their most heartfelt support from afar even though overseas support to Korea may have been anything but easy.
We'd like to emphasize once again that the case of filing criminal report and complaint against persistent and malicious cyber haters is an action taken by KHJ's fandom independently from KHJ himself. Please continue to capture and send materials for legal evidences to the email account, firstname.lastname@example.org.
Also we'd like to request inputs of all the fans about taking continued legal action for the second or third time in future in order to uproot cyber haters. It may require to keep the bank account open in order to take continued legal action for the second or third time to have the cyber haters under control. We'd like to ask your opinions in this regard and appreciate your response comments below.
Please note that this notice is written under the guidance and review of a practicing attorney-in-law and law professor.