Mumbling “f---ing crazy” in English in front of a Korean aggressor does not constitute a criminal insult, a local court said Tuesday.

The Constitutional Court said in a unanimous ruling that the prosecution should cancel its decision to acknowledge the action as a criminal offense. 


In South Korea, insulting an individual publicly is a criminal offense punishable by a prison term of up to one year or a fine of up to 2 million won ($1,800).

“It is hard to acknowledge that the complainant had any intention to insult or the expression was derogatory enough to tarnish a person’s social reputation,” the court said in its verdict.

In May last year, the complainant, surnamed Lee, said “you are f---ing crazy” to himself in front of a neighbor, surnamed Kim, during a quarrel near his apartment building.

Lee claimed that Kim, who looks much younger, attempted to start a fight. Kim then suddenly changed his impolite attitude as a security guard passed by. “It was then when I talked to myself (saying ‘you are f---ing crazy’) because the person’s sudden change of attitude was so ridiculous,” Lee said.

The neighbor filed a complaint against Lee.

The prosecution deemed the use of the words as a punishable crime of insult, though it did not arraign Lee. Since Lee was not formally charged, Lee did not face trial or receive any punishment. However, Lee filed a petition with the Constitutional Court to fight the prosecution’s judgment.

In the ruling the top court said that the words could mean many things depending on the context. It said that “f---ing crazy” in the context had meant “you are not making any sense.”

The prosecution may close the case with its indictment suspended in consideration of various circumstances including age and criminal motive, even when the crime is acknowledged.

By Ock Hyun-ju (laeticia.ock@heraldcorp.com)