Recently, in the Internet baseball community, an article titled ‘I have agreed with a former professional baseball manager on an insult complaint’ has become a hot topic. The former manager put down the baton and sued about 200 people for ‘contempt’ about 10 months later. During and after his tenure as manager, he was targeted by internet posts and commenters who offered profanity and negative comments about his game management. It’s not uncommon for a former manager to sue for contempt after quitting for something that happened while he was in office.안전놀이터
Anyone whose personal rights have been violated through ‘insult’ can take legal action through a complaint. However, everyone has the freedom to express their judgments, opinions and feelings. In order to resolve the situation in which the two values collide, ‘insult’ must be specifically judged.
There are two precedents. In the sentence on August 31, 2022, the Supreme Court responded to the statement “A seems to be a really mean person,” saying, “It is rude and out of manners that can offend the other person, or while expressing negative or critical opinions or feelings about the other person. If a slight level of abstract expression or abusive language is used, it does not fall under the constituent requirements of the offense of insult.” In December of the same year, for a comment referring to a celebrity as ‘just a national hotel girl’, it was judged to be an insult to her private life and beyond the scope of legitimate criticism, and he admitted the offense of insult.
A summary of the Supreme Court precedents is as follows: Complainants should seriously consider whether the content in question is an expression of abstract judgment or contemptuous feelings that might lower their social evaluation. In particular, the status and relationship between the complainant and the writer, the motive or background for making such an expression, and the overall purpose of the expression must be comprehensively judged. This is because there are times when one’s own evaluation or feelings need to be respected, and freedom of expression is also important. In a situation where the evaluation or feelings of the complainant should be respected, and it is not a contemptuous word that lowers the social evaluation of the complainant, the court’s judgment may lean toward freedom of expression.
As the saying goes, ‘If it goes well, it’s the player’s fault, if it’s bad, it’s the manager’s fault.’ Even Los Angeles Dodgers manager Dave Roberts received public criticism from then-President Donald Trump after their 2018 World Series loss. Criticism toward the director has been regarded as a tacit consensus in society rather than an insult. If the criticism of the manager’s game management goes to court, there is a possibility that the one-sided criticism culture will change.
From the standpoint of a lawyer, there is no reason for this case to cause controversy. The offense of insult is a personal complaint, and if the party has a will, it can proceed with sufficient legal proceedings. However, considering the amount of settlement based on the number of comments or the number of comments that were sued by about 200 people, it seems that the agent, not the former supervising party, proceeded on a business basis.
It’s a pity that it ended with a quick agreement. The accused may agree, fearing that the charges will be admitted and he will be recorded as an ex-convict. Also, the other agent may feel that calculating ‘how much per comment’ is excessive. But if you feel that way, he recommends fighting to the end. In the end, writing a comment or reaching an agreement is the person’s choice and share.