Court acknowledges possibility Yoon referred to Biden in hot mic incident

The Seoul High Court on Wednesday ruled that the Ministry of Foreign Affairs should drop the lawsuit it filed in 2022 against local broadcaster MBC, saying it is possible that an ambiguous comment made that year by then-President Yoon Suk Yeol could have been referring to then-US President Joe Biden, as suggested by the broadcaster.

"Regarding the context (of the comment), it does not seem appropriate to dismiss the possibility that Yoon said 'Biden' in the comment. ... Taking into consideration the nature of the comment, freedom of the press and expression, the social costs (of the lawsuit) and possible side effects, it is more suitable for the Foreign Ministry to withdraw its claims and for the case to be settled amicably," the court said in a mandatory settlement of the case.

During Yoon's visit to the US in September 2022, he made vulgar comments about a certain subject widely thought to be Biden and the US Congress. The presidential office claimed the coarse language was actually directed at the National Assembly, explaining that the word MBC captioned as "Biden" was likely "nallimyeon," a Korean phrase translating to "if it falls apart." Yoon's office claimed the phrase might sound similar to the local pronunciation of "Biden" if said rapidly.

A 2024 ruling by the Seoul Western Court said MBC should air a retraction. The ruling, which was reached when Yoon was still in office, said the testimony of those present and the context of the comment suggest Yoon did not use a vulgarity in reference to US lawmakers and Biden.

The ruling sparked controversy over freedom of the press and suspicions that the Yoon administration was biased against MBC, since several other major outlets had also aired subtitles that indicated the comment was directed at the then-US president. This accusation was fueled by Yoon's office refusing to let MBC journalists board the presidential plane, a decision made public two months after the hot mic incident.

Wednesday's decision overturned the controversial 2022 ruling and ordered compulsory mediation, which in Korean law refers to the court providing arbitration when the parties to a lawsuit cannot reach a settlement. The court's arbitration decision is finalized when neither party objects within two weeks.

The Foreign Ministry has already expressed its intent to drop the lawsuit, having submitted a statement to the court in July following the start of the new administration. Foreign Minister Cho Hyun made clear that he thought it was wrong for the ministry to have launched a lawsuit against MBC, saying in his nomination hearing that he intends to "wrap things up quickly" concerning Yoon's hot mic incident, which includes an apology to the broadcaster.