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South Korean Financial Blogger Faces 18 Months of Prison

Posted by Soulskill on Tue Apr 14, 2009 01:14 AM
from the how-much-prison-time-for-a-tweet dept.
eldavojohn writes "A South Korean blogger named Park Dae-sung has been arrested and charged with destabilizing foreign markets by blogging about declining companies. This is the same blogger who predicted the economic downturn that has been experienced the world over. The Korean Times offers more information on the community college graduate and the accusations levied against him." Several readers have also sent in news that Omidreza Mirsayafi, an Iranian blogger arrested and imprisoned for his writings earlier this year, has now died in custody.
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  • by stox (131684) on Tuesday April 14 2009, @01:17AM (#27566943) Homepage

    Blogger arrested for allowing facts to get in the way of a perfectly good argument.

    • by LaskoVortex (1153471) on Tuesday April 14 2009, @01:33AM (#27567003)

      Blogger arrested for allowing facts to get in the way of a perfectly good argument.

      He was arrested, as you know, for "undermining the South Korean economy" with inaccurate ("false") statements on his blog. But if your country's economy can be undermined by a blog, then there is no hope for it anyway. In fact, barring the human rights component of these charges, S. Korea is doing worse harm to its economy by prosecuting this guy and thereby suggesting a mere blog has any influence whatsoever.

      • by CowboyBob500 (580695) on Tuesday April 14 2009, @02:02AM (#27567105) Homepage
        Same thing happened in the UK - the BBCs business editor [bbc.co.uk] was hauled into parliament [bbc.co.uk] to explain his writings, and just like in South Korea the MPs wanted to blame him for causing the trouble in the UK economy.

        OK he hasn't been threatened with prison, but its clear from incidents like this the world over that those that run the economy and especially the stock market traders actually have no idea what they are doing. For example the same man can apparently cause bank shares to fall [dailymail.co.uk] just with his morning report on BBC news.
        • That's the problem with basing the economy on IP, it's all smoke and mirrors, nothing tangible to base it on...when it's all just 'numbers' somewhere, those numbers can be easily manipulated.[as per your post]

          Then you have to license thoughts and ideas...How soon before your kid's DNA/genome/*sequence is violating some MegaCorp.'s IP?(do some research here, it's scary already)

          [Not a bash on the U.K., it's arguably far worse here in the U.S.A.]

          You can only trade /sell/buy speculations and play numbers for so long until it all has to be backed by something material.(collateral)

          No one should be surprised by all of this. It was set up decades ago...added onto, and added onto- never looked at head on and fixed.
          White-washing a mud fence only works for fair weather...what could you realistically expect otherwise?
          The rains have come....[get your hip-waders!!]

          • Re: (Score:3, Insightful)

            That's the problem with basing the economy on IP, it's all smoke and mirrors, nothing tangible to base it on...

            I don't think it's really because the economy is based on intellectual property, but because the stock market and financial businesses operate entirely on speculation that comes from invented numbers (the smoke and mirrors part). There were no copyrights, patents (unless someone has patented a method for building up a fake economic system and profiting from the collapse, which sadly wouldn't really surprise me), or trademarks directly involved in the failure of stupidity in the banking industry.

        • Re: (Score:2, Insightful)

          There's nothing as cathartic as shooting the messenger, eh?

            • by lgw (121541) on Tuesday April 14 2009, @10:41AM (#27571375) Journal

              the problem lies not with the journalist but with the way the markets work. If the traders are so dumb that they cannot think for themselves and cannot decide what to buy or sell on its own merits rather than hearsay, then they are clearly unfit for the job and should be fired.

              You may choose to think of it as a problem, but markets are mostly fashion. Movement in the price of a stock is 80% fashion statement, 20% fundmentals. That's just th nature of the stock market. Geeks often have a very hard time undersanding this, given all the numbers that seem relevent, but facts about a company only dominate stock price over a 15+ year time horizon.

              Inside that timeframe, stock price is mostly about the popularity of companies, industries, and sectors. A good trader is focused on popularity, hearsay, rumors, malicious gossip, and all the other herd behaviours that affect popularity. Trying to determine what to buy on its own merits will *ruin* you in the stock market (if your tradiung with less than that 15-year outlook). Figuring out which way the herd is going and getting there first, completely unencumbered by reality, will make you rich.

      • Bloggers... (Score:2, Insightful)

        by Anonymous Coward

        He was arrested, as you know, for "undermining the South Korean economy" with inaccurate ("false") statements on his blog. But if your country's economy can be undermined by a blog, then there is no hope for it anyway. In fact, barring the human rights component of these charges, S. Korea is doing worse harm to its economy by prosecuting this guy and thereby suggesting a mere blog has any influence whatsoever.

        True enough, and in this situation Minerva probably did very little to cause the "global economic downturn" nobody except a few unreconstructed pessimists such as my self and Minerva were expecting since about 2006 at the latest. This looks like petty revenge by humiliated S-Korean politicians. However, a blog, posted at the critical time during a crisis can have the potential to swing events in a disastrous way. Of course we didn't have the internet back in 1962 but if we had had it; I wonder what would ha

      • Re: (Score:3, Informative)

        Now that Korea doesn't allow anonymous postings (requiring the citizen's ID number to register) and has started a (mostly unregulated) Inter police taskforce, this type of arrest is surely to become more common.

        I live in Korea, and my friends and I have been blocked (with required scary Internet police warning) from websites they deemed morally questionable. Right now, these mostly appear to be dating and gay sites, but who knows where it'll go from here. Putting a force in place to watch your people and gi

      • Re: (Score:3, Interesting)

        As much I as I do like Free Speech. And I really do, there is one thing that is happening to the blogging world that does need control.

        Slander!

        Yes Slander! I see it all too often in the financial blogging world (I work there) where people will say things without having any evidence.

        Here is what he supposedly said:

        The 31-year-old blogger's crime: falsely reporting that South Korea had barred banks from purchasing U.S. currency. The authorities said the blogger, Park Dae-sung, will find out his sentence on Ap

        • Re: (Score:3, Informative)

          If you read up and know the story, you will find that the government actually did call up the banks and "strongly discourage" them from trading U.S. currency, In effect, he's being tried on a technicality and being railroaded, and the government -- for all intents and purposes -- did what he said they did. I suspect that they are just upset that he knew, and are looking for a way to silence his blog, which routinely reports anti-majority news.

        • by GreatBunzinni (642500) on Tuesday April 14 2009, @07:12AM (#27568499)

          The 31-year-old blogger's crime: falsely reporting that South Korea had barred banks from purchasing U.S. currency. The authorities said the blogger, Park Dae-sung, will find out his sentence on April 20 for posting the inaccurate story that prosecutors said undermined the county's credibility

          First of all, slander is when people talk about it. When it's being written then it's libel.

          Saying that, is it libel when it's the truth? From this washington post article on Park Dae-sung's arrest: [washingtonpost.com]

          Prosecutors claim that one of his postings is clearly false. The government issued an emergency order Dec. 29, Minerva wrote, urging top banks to stop buying dollars. The government has denied issuing the order, but a number of currency traders have told the South Korean media that the government did urge banks that day to refrain from buying dollars.

          So, care to retract your comment? After all, it's in itself rather... libellous.

          • Re: (Score:3, Informative)

            This is just speculation on my part, but S. Korea is home to OhMyNews (http://en.wikipedia.org/wiki/Ohmynews) A major online newspaper who's articles are contributed mostly by it's readers. Think /. only more general, and with actual editing. So on that vein, it doesn't surpise me that blogs are taken more seriously.
      • Re: (Score:3, Insightful)

        The Wired article author deserves 18 months in jail for that particular piece of writing. I had to follow through to the AP article to find out if the blogger had actually been found guilty or not (he hasn't).

        But if your country's economy can be undermined by a blog, then there is no hope for it anyway.

        Free markets the world over are based as much on confidence and rumour as actual assets. Why do you think we're in an economic crisis at the moment? It's because of a lack of confidence in the world marke

    • Not quite. If you see the second linked article, page 2 - it seems that government has indeed asked the currency traders to stop buying foreign currency. So, the facts also bear it out.

      p.s -> The first linked article is rather light on facts - and more on sensationalism. Reading that, the view that we get is just the opposite of what they want to convey.

    • by Divebus (860563) on Tuesday April 14 2009, @02:15AM (#27567163)

      <stupidity>
      I'm glad they finally caught the guy. Maybe now the global economy can heal.
      </stupidity>

  • by Opportunist (166417) on Tuesday April 14 2009, @01:17AM (#27566949)

    It's not managers driving their companies to the ground, it's not politics failing to watch over the markets. It's a blogger that warned people about it.

    Glad we found someone nobody misses when he disappears. Though, personally, I'd have missed a few managers and politicians less.

  • by oldhack (1037484) on Tuesday April 14 2009, @01:23AM (#27566973)
    No, I mean the S. Korean prez. I mean, the guy's obviously trying to keep up with his comrade up north - you know, the dude with the misfiring missile. Hehehe, get it? Misfiring missile. I kill myself.
  • Believe It. (Score:5, Insightful)

    by Anonymous Coward on Tuesday April 14 2009, @01:41AM (#27567021)

    Expect it.

    Expect more of it. Even in the west.

    Its something I dont understand. Blaming companies when you should be blaming the central bank and the government, for creating artifical credit bubbles and the resulting mania thereafter.

    I mean really, they caused the last one, they'll be causing the next.

    Would you give the keys to your new car after your friend rode your last one into the ground, and you couldn't drive for 15 years?

    I think not.

    • "Its something I dont understand. Blaming companies when you should be blaming the central bank and the government, for creating artifical credit bubbles and the resulting mania thereafter."

      I don't know what planet you anti-government/free market extremist types live on but if you've been paying attention for the last 20 years and looked in your mailbox and see all the offers for lines of credit and credit cards that damn near every company's been spamming and wants to give you (grocers, wal-mart, etc) not

      • I don't know what planet you anti-government/free market extremist types live on but if you've been paying attention for the last 20 years /../ if I were in charge I'd shut these people down, they add NOTHING to the economy except charging people exorbitant rates

        Your argument doesn't quite add up. First you say we shouldn't be blaming the government because they aren't at fault, then you say how you'd fix it if you were the government.

        What is it then? Should we let the government go since they're innocent, or should we be knocking at their doors because they aren't doing enough to prevent things like these as your wonderful example suggests one way they could?

        • Re: (Score:3, Insightful)

          To me it seems both are at fault; the corporations who lobbied for weaker regulation, and the people in the government who saw that regulation through.

          It's tough to point fingers when there's so many people who screwed up. But they all deserve the blame.

      • Re:Believe It. (Score:5, Interesting)

        by jabithew (1340853) on Tuesday April 14 2009, @03:59AM (#27567519)

        I don't know what planet you anti-government/free market extremist types live on

        I live on the planet UK. Here on planet UK our central bank has been measuring inflation based on CPI [wikipedia.org], and using this to set interest rates. This index excludes housing costs, unlike the previous RPI, in an era where house prices were the major inflationary pressure. In addition, though RPI has historically been about 1% higher than CPI, Gordon Brown reduced the target by 0.5%, giving more room for inflation.

        Your claim that corporate loan rates are at fault doesn't stack up; low interest rate loans from the Bank of England kept the cost of corporate lending low, and market forces kept price for corporate lending low. Effectively the BoE applied a price ceiling to the wholesale money markets.

        I remember years of being told we had only 2% inflation when the inflation we experienced was closer to 5%. Now we have a situation where the BoE has been forced to print money because the banks have so much of their capital tied up in inflated assets that nobody now wants to touch with a barge-pole. The LIBOR has decoupled from the BoE base rate because the BoE is simply not able to provide enough capital to service existing bank debts, let alone allow them to start loaning on more favourable terms.*

        All the while we're being told that it's ok to print money because RPI is currently zero, even though CPI is still above target.

        Finally, a warning for UK /.ers. Deflation is a myth! CPI will stay high, partly caused by the fall in the pound. If it does, Mr. King will have to raise interest rates, which will cause RPI to shoot through the roof, as the previously negative housing component turns positive. If you don't believe me, look at what the central bankers themselves think [order-order.com] when they're forced to put their own money at risk.

        Actually, one more thing. This diatribe could be taken to be a criticism of the Bank of England. I think that the Bank and its staff have behaved with decency and competence. The criticisms I make are general criticisms of a central bank model, which may still be a least-bad one, and a criticism of the brief they were given.

        *The LIBOR also contains banks' mutual assessment of their reliability i.e. a risk premium. This is enlightening to see.

      • Re: (Score:3, Interesting)

        20 years? How quaint.

        This is nowhere NEAR the first time the government has created policies which created a property boom supported by easy credit.

        The government spent too much money in 1812, expanding the money supply and artificially making credit easy to get. European governments artificially induced a state where US food producers were doing very good by fighting the Napoleonic wars and destroying a lot of food production capacity, which created a speculative bubble in US farming. When the bubble colla

        • Re: (Score:3, Informative)

          Yes, it is. Think Fannie Mae and politicians going "you gotsta lend money to my poor constituents, and I care not if they can repay or no"

          I suppose you could say that, if you were a wingnut or a habitual liar, but then I repeat myself.

          Federal Reserve Board data show that: [mcclatchydc.com]

          * More than 84 percent of the subprime mortgages in 2006 were issued by private lending
          * Private firms made nearly 83 percent of the subprime loans to low- and moderate-income borrowers that year.
          * Only one of the top 25 subprime lenders i

  • that is very sad news indeed.
      • Quite so, but I guess this guy might survive-and publicity might help.

        For the Iranian guy it's too late.

          )-:

  • by incognito84 (903401) on Tuesday April 14 2009, @01:48AM (#27567047)
    Anyone who has spent any time in Korea figures this one out pretty quick. Especially if one finds themselves in a legal entanglement. Koreans think Western law is cold, formuliac and overly rational. Korean law often finds it's "reason" in emotional response, a response usually vocalized by the masses or the majority involved in the case.

    It is not the same legal process as one would find in the West, where technicalities and Habeas Corpus rein supreme. Someone made a joke about the goverment detaining this particular blogger because he was more intelligent and resourceful than the government, which made the government jealous. That is more true than you know.

    Additionally, Korea is the most Confucian country in the world which might add some understanding into why laws aren't always followed in a logical way. This blogger made the government "lose face", to be blunt.

    • by caitsith01 (606117) on Tuesday April 14 2009, @02:30AM (#27567219) Homepage Journal

      Laws which are not followed in a logical way are not laws. The whole point of following laws is to make people follow them even when that is not the most popular or expedient course - otherwise they would be unneccessary.

      You are talking about mob rule. It is an objectively worse and less just way to run a society, and it should be condemned.

      • Re: (Score:3, Insightful)

        Yes and no.

        Laws should, if anything, reflect the "moral" code of a society, and they should be supported by the majority. If the Korean people, not just a ruling caste, feels that making someone 'lose face' is something that should be punishable, a law that does just that is quite justified.

        Bending a law to fulfill this role is not.

        What bothers me is that a law that exists for a completely different reason was bent to make this possible. But it's not like we don't have similar cases, where we can't punish s

    • Confucius say, that's no way to run a country.
    • by onionlee (836083) on Tuesday April 14 2009, @03:45AM (#27567491)
      moderators please mod parent down.

      the above statement is clearly unqualified. and no, i am not a korean nationalist.

      i would agree that the korean justice system is not as established as it is in the united states. however, to simply state that it's "reason" is emotional response cannot be substantiated in ANY way whatsoever. no justice system can operate on such a weak foundation.

      furthermore, simply using a western paradigm to judge an eastern paradigm is also simply wrong.

      in all seriousness, though, a statement this ignorant and misleading in most context might even make me believe that this is trolling at its worst. but i think the parent is serious about this though.
      • by iwein (561027) on Tuesday April 14 2009, @04:32AM (#27567671)

        The grandparent just offers his analysis. No judgement is expressed if you read carefully. You may disagree, but from your post it seems that it was a good post sparkling an interesting discussion. I'm confused why you think that is "trolling at its worst".

        Further more, you write about the statements being "unqualified" and "cannot be substantiated in ANY way", while you offer no arguments to back this up other than "no justice system can operate on such a weak foundation" and "is also simply wrong".

        I'm reading: parent is so clearly wrong that I won't bother to give arguments, and because he is wrong he must be trolling.

        I'd like to see grandparents claims substantiated or refuted. Modding grandparent down will lead to less readers, and therefore the chances of someone offering more information, or refuting the claims will go down.

  • enough said
  • by physicsphairy (720718) on Tuesday April 14 2009, @02:07AM (#27567129) Homepage

    From the first link "The 31-year-old blogger's crime: falsely reporting that South Korea had barred banks from purchasing U.S. currency" which doesn't seem to describe the claim of "blogging about declining companies" the summary purports.

    This also apparently had a real impact on the value of South Korean currency.

    I would hope the SK courts don't punish him for making an honest mistake, if that's what this was, but either way it is not about "free speech." They are not punishing him for expressing a view or opinion. They are punishing him for telling a very expensive lie.

    • Re: (Score:3, Informative)

      From the Washington Post article:

      Prosecutors claim that one of his postings is clearly false. The government issued an emergency order Dec. 29, Minerva wrote, urging top banks to stop buying dollars. The government has denied issuing the order, but a number of currency traders have told the South Korean media that the government did urge banks that day to refrain from buying dollars.

    • by freedom_india (780002) on Tuesday April 14 2009, @02:29AM (#27567213) Homepage Journal

      Oh, is it so?
      Then how come these moronic South Korean courts don't punish Samsung or Hyundai by imprisoning their execs when they played the markets?
      Just because they are HUGE corporates? Just because their leaders bowed deeply and said sorry to everyone?
      This is just because the blogger is a poor guy who has no money to defend himself with high powered lawyers against a corrupt system.
      While we are at that why don't we throw out democracy? After all the rule of Kings was much better: genetic intelligence versus mob rule.

    • by Anonymous Coward on Tuesday April 14 2009, @02:55AM (#27567291)

      I am a South Korean, and I'll clarify.

      The blogger (Minerva) claimed that South Korean government issued an "official order" for Korean banks not to purchase USD for a certain (short) period. IIRC, the average exchange rate during that particular day was going to be used in a lot of financial charts, so by gaming the system, many companies would look financially better in documents and the government will boast it to the people.

      Turns out that there was no official order. Why create an official document when a phone call would suffice?

      And, ladies and gentlemen, in South Korea, this is a felony that will ensure 18 months in prison. Only if he had correctly said "phone calls"! (Well, of course the government would've found yet another even more ridiculous excuse to punish him, so it won't matter much in the end. They are immune to logic. Why follow logic, when you can just throw one bullshit argument and another and still have half of the nation vote for you?)

        • by ihavnoid (749312) on Tuesday April 14 2009, @07:48AM (#27568775)

          I am a native South Korean who live in Seoul, and maybe I can (sort of) explain a bit about the law.

          Yes, the websites hate the law pretty much (because it requires the companies to add 'ID authentication system', which isn't cheap in a market with razor-thin profits), and many Koreans who do care about privacy also hate it, too. I also feel sort of sad when that law passed.

          Well, the reason behind this law was something like this. In slashdot, if you see a troll, you simply moderate that reply a '-1, troll', and move along. In Korea, people start 'feeding' the troll in more cruel ways, e.g. track down the real-world identy of that guy, bomb his personal website with hate spams, bomb his e-mail, and in some occasions, even e-mails of people close to him. Yup, the replies on that troll became the real-world identy of that guy, rather than another troll, or any reasonable reply.

          The horrifying thing was that this phenomenom wasn't limited to real-world celeberities. It could be you, or me, or anybody on the net. Yes, being a troll, or saying something stupid isn't a good thing to do, but we all do make mistakes. I've seen people ranging from teenage girls to senior citizens getting horribly bullied by anonymous mobs. Occasionally, there were news reports on people commiting suicide because of the mental horror they had to undergo. It got so serious that people needed to stay completely anonymous on all occasions, or having some way to stop this maddness.

          Yes, I feel that many of the Korean people don't think political freedom is such an important thing compared to things such as security or wealth. This may be because their history of democracy has been so short, and they have been living a hard life for many years suffering from poverty, hunger, and North Korea. Republic of Korea is merely some 60-years old, and approximately half of that period was under the rule of dictators. In such a society, it is difficult to teach why political freedom is important and dictatorship is bad, because those people who benefited a lot from the dictatorship still exists in many core positions of the society. I believe it may take some time, patience, education, and continuous struggling.

  • Popcorn... (Score:5, Funny)

    by creimer (824291) on Tuesday April 14 2009, @02:14AM (#27567159) Homepage
    Maybe I shouldn't blog about how bad the popcorn had gotten at the local movie theater since the economy went into the crapper. The movie theater could go out of business. Actors could be laid off. Hollywood could demand a federal bailout. Then I could be arrested for causing chaos in the marketplace of recycled ideas.

    Then again, the popcorn really does suck. Maybe I should call a food inspector instead.
  • by Slayer (6656) on Tuesday April 14 2009, @02:57AM (#27567293)

    Anyone remember the UA debacle [domain-b.com] last September? If the markets are sufficiently hysterical, you can make them plunge with a single headline, regardless whether it's correct or not. The wrong reporting about UA was corrected immediately, yet it sent the markets into a nose dive from which they haven't recovered yet. Regardless of whether the blogger is correct with his statements or not, I would call the reaction of the south korean gov't alarming and telling of the economic troubles soon to emerge there.

    So what this incident with the south korean blogger tells me:

    • The south korean economy is on the verge of big trouble
    • The south korean government is aware of it and desperately tries to keep this concealed
    • The south korean government has never heard a thing about the Streisand effect
  • Stupidity (Score:4, Insightful)

    by Davemania (580154) on Tuesday April 14 2009, @03:04AM (#27567305) Journal
    Accurate or not, the arrest of this blogger does more damage than bloggers will ever do. It undermines the judicial code and transparency, I really wonder how foreign investor will feel when a country's judicial and political system acts like this.
    • by mangu (126918) on Tuesday April 14 2009, @06:50AM (#27568339)

      their son's death was only deemed to merit a footnote... on another guy's report of imprisonment

      Imprisonment and death in Iran are more or less common things, Iran's theocracy is one of the harshest regimes in the world, but South Korea is considered a democracy, therefore someone being in prison for publishing a blog in South Korea is more newsworthy than someone dying in prison in Iran.

    • Re: (Score:3, Insightful)

      However, the problem is that he didn't have any stocks or any assets. He was merely a jobless man on his early thirties who didn't have any formal education on economy. That's why the DA is not convicting him for some kind of law on securities or market arbitration, which is far more severe than publishing false information. what he claims is that the DA is charging him because he was merely grumbling that the government is a stupid big liar, though some of the information was not throughoutly fact-check