Deep Research Archives

Trial by Media: The Death of Lee Sun-kyun and the Crisis at the Intersection of Celebrity, Law, and Media in South Korea

Executive Summary

The death of internationally acclaimed South Korean actor Lee Sun-kyun on December 27, 2023, was a profound tragedy that sent shockwaves through the global cultural landscape.1 Beyond the loss of a celebrated artist, his death served as a stark indictment of a media and legal ecosystem in crisis. This report argues that Lee Sun-kyun's death was not an isolated incident of personal despair but the catastrophic result of a systemic failure, born from the toxic interplay of unenforced privacy laws, a hyper-competitive and sensationalist media culture, and deeply entrenched socio-cultural pressures unique to South Korea. The investigation into an allegation of drug use devolved into a public trial by media, pre-empting and ultimately subverting the course of justice. This process was characterized by illegal leaks from law enforcement, a ritual of public shaming known as the "photo-line," and egregious ethical violations by major news outlets that prioritized public curiosity over fundamental human rights. While the South Korean Constitution presumes innocence, and the Criminal Act theoretically prohibits the pre-indictment disclosure of investigative facts, these protections proved to be "dead letter" laws, utterly failing to shield an individual from a relentless public onslaught. A global comparative analysis reveals the uniquely perilous environment faced by public figures in South Korea. Unlike in the United States or the United Kingdom, where celebrity scandals, however intense, are often framed within narratives of addiction as a disease or allow for eventual rehabilitation, the Korean context offered no such reprieve. The absolute moral condemnation of drug use, combined with the active complicity of state actors in public shaming rituals, created a situation of insurmountable pressure. The aftermath has ignited an unprecedented call for reform from within the Korean entertainment industry, led by luminaries such as director Bong Joon-ho. The incident has cast a dark shadow over the global phenomenon of the Korean Wave (Hallyu), exposing a dissonance between the nation's polished "soft power" image and a brutal domestic reality. This report concludes that the death of Lee Sun-kyun is a critical inflection point, demanding urgent and systemic reforms to media practices, law enforcement accountability, and legal frameworks to prevent such a tragedy from ever happening again. The case stands as a global cautionary tale about the devastating human cost when the presumption of innocence is sacrificed at the altar of public spectacle.

Section 1: The Anatomy of a Public Trial: Deconstructing the Media Coverage of Lee Sun-kyun

The sequence of events that culminated in the death of Lee Sun-kyun was not merely an investigation but a meticulously documented public spectacle. A forensic examination of the media's conduct reveals a systematic process of degradation, where journalistic ethics were secondary to the commercial imperatives of clicks and ratings. This section deconstructs how a combination of institutionalized practices, profound ethical lapses, and the dynamics of a digitally supercharged media environment created an atmosphere of relentless scrutiny that effectively conducted a trial and passed a sentence long before the judiciary had a chance to weigh any evidence.

1.1. The Initial Spark and the Media Firestorm

The ordeal began not with a formal charge or a court filing, but with an anonymous leak. On October 19, 2023, a provincial newspaper published a story reporting that a "top star L" was the subject of an internal police investigation over suspected drug use.2 This single, unverified leak acted as a lit match in a dry forest. Within hours, the media ecosystem erupted in a frenzy of speculation, and Lee's identity was rapidly confirmed and disseminated across countless platforms.2 What followed was not reporting in the traditional sense, but a two-month-long media saturation campaign. From October 19, 2023, to January 3, 2024, a big data analysis by the Korea Press Foundation identified a staggering 4,313 news articles published about Lee's drug charges.4 His name circulated incessantly, creating a suffocating environment where he was subjected to what one outlet described as a "public trial before the investigation was over".2 This sheer volume of coverage transformed an unproven allegation into an established public fact, stripping away any semblance of neutrality. The media narrative was set: a beloved public figure had fallen from grace. This relentless cycle of reporting, re-reporting, and speculation ensured that the story remained at the forefront of the national consciousness, making escape from public judgment impossible. The initial leak, later revealed to have originated from within the investigative bodies themselves, was all that was needed to initiate a complete character assassination.2

1.2. The 'Photo-Line' as a Ritual of Public Shaming

Central to this public trial was the uniquely Korean practice of the "photo-line" (poto-rain), a ritual in which suspects under investigation are paraded before a wall of cameras and reporters upon entering and exiting a police station or prosecutor's office. Lee Sun-kyun was subjected to this ordeal on three separate occasions.3 Each time, he was compelled to stand before the nation and offer a public apology, not for any proven crime, but for "causing concern".3 This act serves as a powerful performance of public shame, effectively extracting a confession of social wrongdoing that is then conflated in the public mind with legal guilt. The complicity of law enforcement in staging this ritual is undeniable and represents a severe institutional failure. For his third and final interrogation on December 23—a marathon session that lasted 19 hours—Lee's lawyer formally requested that his summons be private to avoid the media spectacle.1 The Incheon Metropolitan Police Agency denied this request. Their justification was not based on legal principle or procedural necessity, but on a perverse argument relayed from reporters: that being filmed "sneaking in" would be more reputationally damaging than facing the cameras openly.3 This reveals a disturbing dynamic where police priorities are shaped by the narrative demands of the media, rather than by their duty to protect a suspect's rights. This practice is in direct violation of the police's own human rights protection guidelines, which explicitly prohibit the public disclosure of summons schedules and forbid allowing the press to photograph or film suspects during the investigation process.3 The fact that these rules were so flagrantly ignored underscores a systemic problem. The photo-line is not an unfortunate byproduct of aggressive journalism; it is an institutionalized, collaborative ritual between law enforcement and the press. The police act as stage managers, delivering the suspect to the media for a public pillorying that serves a punitive purpose long before any court has rendered a verdict. It is an instrument of extra-judicial punishment disguised as a press opportunity.

1.3. Breaching the Walls of Privacy: The KBS and TV Chosun Cases

The media's transgressions extended far beyond the physical spectacle of the photo-line into deeply unethical invasions of privacy. The most flagrant examples came from two of the nation's most prominent broadcasters, setting a dangerous precedent that was eagerly followed by smaller outlets. On November 24, 2023, the national public broadcaster, the Korean Broadcasting System (KBS), aired a report that included transcripts of a private phone conversation between Lee and the bar hostess who was blackmailing him.3 The content of the call had little to no relevance to the actual drug allegations. Instead, it focused on the nature of their personal relationship, serving no purpose other than to publicly humiliate Lee and provide sensational fodder for public ridicule regarding his alleged infidelity.3 KBS defended this egregious breach of privacy by claiming it was a matter of "great social interest" and thus fell under the public's "right to know".7 This justification represents a fundamental and dangerous corruption of journalistic principle, deliberately conflating the public's legitimate interest in matters of state and accountability with what the public simply finds interesting. It is a logic that sanctions any level of privacy invasion as long as it generates viewership. The ethical abyss deepened even after Lee's death. The conservative broadcast network TV Chosun obtained and published excerpts from his suicide note, doing so despite his family's explicit request for confidentiality.7 This act, prioritizing a sensational "exclusive" over the profound grief of a bereaved family, demonstrates a complete abandonment of human decency and ethical boundaries. These actions by major, established media organizations had a cascading effect. Dozens of online news outlets immediately cited and republished the illegally obtained and unethically disclosed information from KBS and TV Chosun, amplifying the privacy violations across the digital landscape.10 This created a toxic feedback loop where the initial ethical breach was legitimized and multiplied, ensuring the damaging information saturated every corner of the internet.

1.4. The Rise of the 'Cyber-Wreckers': Digital Media and Unregulated Scrutiny

The sensationalism of traditional media was magnified exponentially by the ecosystem of so-called "Cyber-Wreckers" (saibeo rekka)—a term for YouTubers, bloggers, and online commentators who thrive on controversy and gossip.3 These digital actors, operating largely outside the already weak ethical constraints of mainstream journalism, flooded social media platforms with videos and posts containing unverified rumors, wild speculation, and further privacy-encroaching content about Lee's case.7 These channels, driven by algorithms that reward engagement above all else, racked up millions of views by feeding the public's appetite for salacious details.7 They created a parallel media universe where rumor and fact became indistinguishable, further poisoning the public discourse and intensifying the psychological pressure on Lee. This dynamic illustrates a modern media crisis where the race for clicks between traditional outlets and unregulated digital commentators creates a downward spiral of journalistic standards. The mainstream media, in competing with the "Cyber-Wreckers," adopts their sensationalist tactics, while the wreckers feed on the scraps of information leaked by the mainstream, creating a parasitic and destructive information ecosystem with the subject at its center being torn apart.

Section 2: The Legal Paradox: Presumption of Innocence vs. The Reality of Piyi-sasil Gongpyo

The tragedy of Lee Sun-kyun's death is not only a story of media excess but also one of profound legal failure. South Korea's legal framework contains, on paper, robust protections for the rights of suspects, including the constitutional presumption of innocence. However, the actor's case exposed a deep and fatal chasm between the law as written and the law as practiced. Key legal safeguards designed to prevent a trial by media were revealed to be "dead letter" laws, unenforced and ignored, creating a legal vacuum that was filled by a torrent of illegal leaks and prejudicial reporting.

2.1. A Law in Name Only: The Inefficacy of Article 126

At the heart of this legal paradox lies Article 126 of the South Korean Criminal Act, which establishes the crime of "disclosing facts of a suspected crime" (piyi-sasil gongpyo-죄).3 This provision explicitly makes it a criminal offense for prosecutors, police, and other investigative officials to publish or leak facts related to a criminal investigation before a formal public indictment has been filed.12 The law's purpose is twofold and fundamental to a democratic legal system: first, to uphold the principle of the presumption of innocence, as enshrined in Article 27(4) of the Constitution; and second, to protect a suspect's right to a fair trial by preventing the public and potential jurors from being prejudiced against them before they have their day in court.12 It is designed to stop the very trial by media that consumed Lee Sun-kyun. Despite its noble intent, Article 126 has been rendered almost completely impotent. Legal scholars, human rights groups, and even government committees have repeatedly noted that the law is effectively a "dead letter".3 It has been "nearly nullified" due to a consistent and systemic failure of enforcement; there have been virtually no instances of officials being prosecuted, let alone convicted, for violating it.12 This decades-long pattern of non-enforcement has sent an unambiguous message to law enforcement and the media: there are no meaningful consequences for leaking or publishing prejudicial information about a suspect. The law exists on the books, but in practice, it offers no real protection. The non-enforcement of Article 126 is not a passive oversight but has become an active, albeit unofficial, feature of the investigative landscape. It provides investigative authorities with a powerful, off-the-books tool to exert psychological pressure on suspects. By strategically leaking information to a willing press, investigators can wage a campaign of public shaming that isolates the suspect, creates immense psychological distress, and can be used to coerce a confession or cooperation. Because the leak is "unofficial" and carried out through the media as a proxy, the state can maintain plausible deniability, avoiding direct accountability for the damage caused. This transforms a law meant to protect citizens into a shield for state-sanctioned, extra-legal pressure tactics.

2.2. The Collusion Nexus: Leaks, Law Enforcement, and the Press

The entire media firestorm surrounding Lee Sun-kyun was predicated on this systemic failure. The initial report about "Top Star L" was the direct result of an illegal leak from within the police.2 This was not an isolated incident but the start of a continuous pipeline of information that fed the media frenzy for two months. The symbiotic and collusive relationship between investigators and reporters was the engine of the tragedy. Subsequent investigations have laid this nexus bare. In the aftermath of Lee's death, an inquiry was launched that resulted in a police officer and a prosecutor's office investigator being formally charged with the violation of official secrets for leaking reports and investigative progress to journalists.2 This provides concrete, undeniable evidence of the illicit channel through which protected information flowed to the press. This relationship serves the perceived interests of both parties: law enforcement officials can demonstrate "progress" on a high-profile case, manage public perception, and exert pressure on the suspect, while media outlets gain sensational, exclusive content that drives traffic and ratings.16 The primary casualty of this unholy alliance is the suspect, whose fundamental rights to privacy, presumed innocence, and a fair trial are systematically dismantled.

2.3. The Public's 'Right to Know': A Justification or a Pretext?

The most common defense wielded by the media and, at times, by complicit authorities to justify these disclosures is the "public's right to know".7 However, in the context of the Lee Sun-kyun case, this principle was not a justification but a pretext. Legal and media ethics experts in South Korea have argued that the public's right to know is a cornerstone of democracy, but it is properly understood as a tool for ensuring government transparency and holding those in power accountable—for example, in cases of corruption by a public official.8 It is not an unlimited license to satisfy public voyeurism into the private life of a citizen, particularly when the details being published are irrelevant to the substance of the alleged crime. In Lee's case, this noble principle was weaponized. Information that should have been legally protected under Article 126 was illegally leaked by state officials. This information was then "laundered" by the media, which published it under the guise of serving the public's right to know. This process created a perverse cycle where an illegal act by the state was sanitized and amplified by the press, with both parties deflecting responsibility while fatally undermining the presumption of innocence. The publication of Lee's private phone calls by KBS is a textbook example: the content was about his personal life, not the drug charge, yet it was presented as something the public had a "right" to know simply because they were interested.3 This abuse of principle effectively argues that for a celebrity, the right to privacy evaporates in the face of public curiosity. The systemic nature of these legal failures is best illustrated by examining the gap between the law's intent and its application in this case. Table 2.1: Key South Korean Legal Provisions and Their Application in the Lee Sun-kyun Case

Legal Provision Stated Purpose Observed Practice/Violation in the Lee Case Constitution Article 27(4): Presumption of Innocence To presume a criminal defendant innocent until a guilty verdict has been finalized by a court of law. This principle was completely subverted. Lee was subjected to a trial by media and treated as guilty from the moment of the first leak, forced into public apologies and shamed before any indictment.2 Criminal Act Article 126: Crime of Disclosing Facts of a Suspected Crime (Piyi-sasil Gongpyo-죄) To prevent investigative authorities from leaking details of a case before a public indictment, thereby protecting the suspect's human rights and right to a fair trial. Flagrantly and repeatedly violated through a continuous stream of leaks from police and prosecution officials to the media. The law's status as a "dead letter" meant there was no deterrent to this behavior.2 Police Human Rights Protection Rules To protect a suspect's privacy and dignity by prohibiting the disclosure of summons information and forbidding the press from filming them during the investigation process (e.g., the "photo-line"). Directly violated when police denied Lee's request for a private summons and actively facilitated the photo-line ritual, citing the media's preference as a justification.3 Act on Disclosure of Personal Information of Specific Serious Crime Suspects ("Mugshot Law") To allow for the disclosure of a suspect's identity only for specific, serious crimes (e.g., terrorism, organized crime) after a formal review by a deliberative committee, carefully balancing public interest against the suspect's rights. The spirit and principles of this law were perverted. Lee's alleged crime, simple drug use, did not meet the high threshold of a "specific serious crime" that would warrant such public disclosure. Yet, he faced maximum public exposure without the safeguard of a formal committee review, all initiated by an illegal leak.18

This systemic breakdown reveals a legal culture where the rights of the individual are secondary to the perceived needs of the investigation and the demands of the media. The very legal tools designed to prevent such a tragedy were rendered useless by a combination of non-enforcement, collusion, and the cynical misuse of democratic principles. This situation was exacerbated by a legal culture historically reliant on obtaining confessions. The initial drug tests on Lee came back negative, meaning the police lacked strong forensic evidence and were relying heavily on the testimony of the blackmailing hostess.1 In a system that prioritizes confessions, the absence of hard evidence often intensifies the use of other pressures. The marathon 19-hour interrogation and the relentless media trial were not just parallel events; they were interconnected parts of an investigative strategy designed to break a suspect psychologically when physical evidence was wanting.14

Section 3: The Crucible of Stardom: Unique Socio-Cultural Pressures in the Korean Context

To comprehend the devastating finality of Lee Sun-kyun's case, one must look beyond the mechanics of media and law to the powerful, often unforgiving socio-cultural forces that shape public life in South Korea. The actor was trapped not only by an aggressive press and a flawed legal system but also within a crucible of immense societal pressure. The scandal's catastrophic impact can only be fully understood through the lens of Korea's unique cultural expectations for public figures, its profound and historical stigma against drug use, and the volatile political climate in which the investigation unfolded.

3.1. The Burden of the 'Perfect Image' and the Destruction of In-gyeok

In South Korea, celebrity is accompanied by an expectation of moral flawlessness that is far more stringent than in most Western cultures. Public figures, particularly successful actors and idols, are expected to be role models who embody a "virtuous" and "untainted" public persona.22 This expectation extends beyond their professional conduct into their private lives. Lee Sun-kyun's carefully cultivated public image was that of the ideal modern Korean man: a globally recognized, supremely talented actor, and, crucially, a devoted "family man" married to a fellow actress with two sons.1 This persona made the allegations of drug use at a high-end hostess bar and an extramarital affair doubly shocking and, therefore, doubly destructive. The relentless media onslaught was more than an attack on his reputation; it was an assault on his in-gyeok (인격). This Korean term is not adequately translated as "personality" or "character." It encompasses a person's fundamental dignity, social standing, and core identity, inextricably linked to how they are perceived by the collective.7 To have one's in-gyeok publicly desecrated through the ridicule of private conversations and the exposure of personal failings is, as one analyst described it, "akin to the loss of your dignity and, hence, your identity and self".7 This cultural framework helps explain the "utmost psychological anguish" that the court later acknowledged Lee must have endured.5 In a highly networked, collectivist society where social face and dignity are paramount, this form of public character assassination can be tantamount to a social death sentence, inflicting a psychological toll that is exponentially greater than the career setbacks or public relations crises faced by celebrities in more individualistic cultures.

3.2. A Nation's 'War on Drugs': Stigma, History, and Celebrity as a Target

The specific nature of the allegation—drug use—was a critical factor in the severity of the public condemnation. South Korea maintains one of the world's most draconian drug policies, rooted in a zero-tolerance philosophy and reinforced by an intense social stigma that is almost unparalleled in the developed world.20 This is not a recent phenomenon but a deeply ingrained societal attitude with historical and political roots. It stems in part from the collective memory of the 19th-century Opium Wars and their devastating impact on neighboring China, which created a lasting regional taboo against narcotics.26 This aversion was later codified and weaponized by South Korea's authoritarian regimes, such as Park Chung-hee's military dictatorship, which used strict drug laws as a means to control and suppress the artistic community and other perceived dissidents.22 As a result, drug use in South Korea is not viewed through the Western lens of a personal health issue, a recreational choice, or a symptom of addiction as a disease. It is framed almost exclusively as a grave moral failing and a serious crime against the social order.23 The depth of this stigma is quantifiable: a 2023 study revealed that 88.3% of Koreans would be unwilling to allow a person with a history of drug addiction to marry into their family, and 78% agreed that employers should be able to deny them employment.28 This cultural context made Lee Sun-kyun exceptionally vulnerable. A drug allegation against a celebrity in South Korea is far more toxic and less defensible than almost any other type of scandal. One analysis noted that Lee was pursued more "mercilessly" by the media for alleged drug use than other public figures had been for accusations of sexual assault.22 Because the stigma is so absolute, it leaves no room for nuance, empathy, or a public narrative of rehabilitation. The accusation itself is the conviction in the court of public opinion.

3.3. The Political Undercurrent: Celebrity Scandal as a Diversionary Tactic?

The investigation into Lee Sun-kyun did not occur in a political vacuum. His case, along with a concurrent drug investigation into K-pop star G-Dragon (who was later cleared), unfolded against a backdrop of mounting political difficulties for the administration of President Yoon Suk-yeol. Credible allegations emerged from political opposition figures, journalists, and members of the public that the intense, high-profile focus on these celebrity cases was being used as a convenient diversionary tactic to distract the public from damaging government scandals.1 President Yoon, a former prosecutor general, had publicly declared a national "war on drugs," a policy priority that critics suggest created an incentive for law enforcement to produce high-profile arrests to demonstrate its effectiveness.22 The timing of the media frenzy was highly suspicious to many observers. The initial leak and subsequent obsessive coverage of Lee's case coincided with other politically unfavorable news stories, including a scandal involving the daughter of a presidential secretary who was accused of school violence.3 The celebrity drug story, being simple, sensational, and morally unambiguous in the public's eyes, effectively drowned out more complex and politically damaging news. This theory gained further traction due to President Yoon's own past statements. In a recorded video, Yoon, while discussing prosecutorial tactics, admitted that investigators could drive suspects to suicide by putting "their foot on their necks," creating a sense of hopelessness from which there is no escape.29 This chilling admission lent a dark credibility to the idea that the immense pressure placed on Lee was not merely an accident of media dynamics but a known and potentially deliberate tactic. The deep-seated, historical aversion to drugs in Korean society makes it a uniquely potent tool for public shaming and, by extension, an ideal instrument for political diversion. It triggers a visceral, almost automatic public condemnation that can reliably eclipse other news, making it a powerful and exploitable social vulnerability.

Section 4: A Global Comparative Analysis: Celebrity, Media, and Justice Beyond Korea's Borders

The tragic outcome of the Lee Sun-kyun case becomes even more stark when placed in a global context. While media scrutiny of celebrity scandals is an international phenomenon, the specific confluence of factors in South Korea created a uniquely fatal environment. By contrasting the handling of Lee's case with high-profile celebrity drug investigations in the United States and the United Kingdom, it becomes clear that his death was the result of a system that lacks the legal safeguards, cultural shock absorbers, and narrative flexibility present elsewhere.

4.1. The American Approach: Focus on the Supply Chain and the Narrative of Rehabilitation

In the United States, while the media coverage of celebrity addiction can be intense and voyeuristic, the legal and dominant cultural narratives often diverge significantly from the Korean model. A telling recent example is the death of actor Matthew Perry in October 2023 from an overdose of ketamine. While Perry's history of addiction was a central part of the story, the primary focus of the subsequent legal investigation was not on shaming the deceased user but on identifying and prosecuting the source of the illicit drugs. The U.S. Department of Justice issued a press release announcing charges against five individuals, including two doctors, who were part of what was described as an "underground criminal network".10 The official narrative explicitly framed Perry as a victim of "unscrupulous doctors who abused their position of trust".31 The media followed this lead, focusing on the criminal supply chain rather than on Perry's personal failings. This approach treats the user, particularly one who has died, as a victim of a larger criminal enterprise and a public health crisis, shifting the target of retributive justice to the suppliers. Furthermore, American culture possesses a powerful and readily available narrative of redemption from addiction. The career of Robert Downey Jr. is the archetypal example. During the 1990s, Downey faced multiple arrests for drug possession, and his struggles were extensively publicized, complete with humiliating mug shots and court appearances.10 At the time, many believed his career was over. However, today he is one of the world's most successful and beloved actors. His story is overwhelmingly framed as one of overcoming a disease, a testament to resilience and recovery.33 This cultural capacity to separate the person's illness from their talent and to celebrate their comeback provides a crucial "safety net" of hope, a narrative that was entirely absent in Lee Sun-kyun's case.

4.2. The British Tabloid Model: Intense Scrutiny, but Different Consequences

The British media, particularly its famously aggressive tabloid press, is notorious for its intrusive coverage of celebrity scandals. The case of supermodel Kate Moss in 2005 offers a strong point of comparison. The Daily Mirror newspaper published secretly taken photographs that appeared to show Moss using cocaine, sparking a major scandal that was dubbed "Cocaine Kate".10 The fallout was immediate and severe. The media intrusion was relentless, with one observer describing the appetite for such stories as a form of "drug pornography".39 Moss lost lucrative contracts with major fashion brands like H&M, Burberry, and Chanel, and police launched an investigation.38 However, several key differences from the Lee case are apparent. First, while the police did investigate, the process did not involve state-sanctioned shaming rituals like the photo-line. Second, while her career was damaged, it was not permanently destroyed. Moss entered rehab, issued a public apology, and within a year, staged a remarkable comeback, with some brands even capitalizing on her newly "scandalous" image.38 Years later, Moss reflected that she felt she had been made a "scapegoat" for a culture of drug use that was widespread in her circle, suggesting a sense of hypocrisy in the media's focus on her.41 The British tabloid attack was vicious and commercially damaging, but it did not prove to be a life-ending event, nor did it involve the same degree of institutional complicity from law enforcement.

4.3. Synthesizing the Differences: A Uniquely Korean Tragedy

This comparative analysis reveals that while celebrities worldwide face intense media scrutiny for personal transgressions, the outcome for Lee Sun-kyun was uniquely tragic. His case represents a "perfect storm" created by the convergence of three factors that are either absent or significantly weaker in Western contexts: State-Sanctioned Shaming: The active participation of South Korean police in the photo-line ritual, a practice that forces a public performance of shame before any conviction, has no direct equivalent in the US or UK. It represents a formal, institutionalized collaboration between the state and the media in the punishment of a suspect. Irreconcilable Stigma and the Absence of a Redemption Narrative: The moral condemnation of drug use in Korea is absolute and deeply historical, leaving no cultural space for a public narrative of addiction-as-disease or the possibility of rehabilitation that is common in the US. Public failure becomes a potentially unrecoverable event. Ineffective Legal Safeguards: The "dead letter" status of Article 126 and the routine violation of police human rights rules mean that suspects in South Korea have far fewer practical protections from prejudicial media coverage during an investigation than their counterparts in the West, where such leaks could potentially jeopardize a case or lead to legal action. The following table crystallizes these critical distinctions, providing a clear, evidence-based view of the different systems at play. Table 4.1: Comparative Analysis of Celebrity Drug Investigations (South Korea, US, UK)

Factor Lee Sun-kyun (South Korea) Matthew Perry (United States) Kate Moss (United Kingdom) Primary Media Narrative Moral failure; destruction of the "family man" image; intense focus on private life and alleged infidelity.1 Tragic victim of addiction; focus on a public health crisis and a criminal supply chain.31 "Cocaine Kate"; tabloid-driven scandal; focus on hypocrisy in the fashion world and "drug pornography".39 Primary Legal/Investigative Focus The user. Intense psychological pressure on Lee himself through public summons, marathon interrogations, and media shaming.1 The suppliers. Federal charges brought against the doctors and dealers who provided the drugs.31 The user, initially. Police investigation was launched, but focus also shifted to the source of the illicitly obtained photos.40 Societal Stigma & Cultural Framing Extreme, absolute, and unforgiving. Framed as a grave crime against social purity. No public narrative of rehabilitation was available.22 High, but increasingly framed as a disease and a public health crisis. The narrative of redemption is culturally powerful and available (e.g., Robert Downey Jr.).36 High, but mixed with public fascination. Career damage was primarily commercial, not a complete and permanent social death sentence.38 Ultimate Outcome for the Celebrity Suicide before indictment.1 Posthumous focus on holding suppliers accountable and public discussion on addiction treatment.31 Temporary loss of contracts, followed by a major and lasting career resurgence.38

These divergent paths reveal fundamentally different societal views on the purpose of justice in such cases. The American system, in the Perry case, sought traditional retributive justice against the criminal suppliers. In stark contrast, the Korean system enacted a form of performative, shaming justice against the user. The public rituals and media leaks were not primarily aimed at establishing factual guilt but at reinforcing societal norms and making a public example of the transgressor. This reveals a deep philosophical divide: one system focuses on punishing the criminal act of supply, while the other prioritizes punishing the individual's deviation from a rigid social code.

Section 5: The Aftermath and the Path Forward: Implications for a Global 'Soft Power'

The death of Lee Sun-kyun was not an end point but a catalyst. It has forced a painful but necessary reckoning within South Korean society and its globally celebrated cultural industry. The fallout from the tragedy represents a critical stress test for the nation's international image and the long-term sustainability of the Korean Wave (Hallyu). This final section assesses the aftermath, the burgeoning movement for change, and proposes a series of actionable recommendations to address the systemic failures that led to this preventable loss.

5.1. The Industry's Reckoning: A Call for Change from Within

In a move unprecedented in the history of the South Korean entertainment industry, the artistic community responded to Lee's death with a unified and powerful call for systemic change. In January 2024, a coalition of 29 arts and culture organizations, named the "Association of Solidarity of Cultural Artists," was formed.42 Led by globally renowned figures such as Parasite director Bong Joon-ho and actor Choi Deok-moon, the group held a major press conference that garnered international attention.11 Their demands were clear and directed at the core of the problem. They called for: A thorough and transparent investigation into the conduct of the police and prosecution to determine if there were abuses of power or procedural violations during the investigation.11 Media accountability, urging news outlets, including the public broadcaster KBS, to delete sensationalist and unethical articles that violated Lee's privacy and dignity, and to engage in serious self-reflection about their reporting practices.11 Legislative reform, calling on the National Assembly to revise existing laws to strengthen the protection of human rights for artists and all individuals during criminal investigations.11 This collective action marks a significant turning point. Whereas previous celebrity tragedies had often led to fleeting public grief, this response was organized, strategic, and aimed at fundamental institutional reform. The involvement of a figure with the international stature of Bong Joon-ho transformed the issue from a purely domestic affair into a matter of global concern. By leveraging their international platform, the artists forced a conversation that Korean authorities and media might otherwise have preferred to contain, using the world's gaze as a powerful lever for domestic change.

5.2. A Tarnished Image?: The Impact on Hallyu and South Korea's Global Standing

Lee Sun-kyun's death was extensively covered by major international media outlets like The Guardian, the BBC, and The New York Times.6 The tone of the coverage quickly moved beyond reporting the facts of his death to questioning the societal conditions that produced it. Foreign media explicitly asked whether the tragedy might lead to a "judgment on Korean society" and potentially damage the nation's hard-won status as a "global soft superpower".2 The case has exposed the "darker side" and "underbelly" of the polished, vibrant image of Hallyu.22 It revealed to a global audience a high-pressure, often brutal domestic environment that can create and then consume its own stars.22 This creates a jarring dissonance between the cultural product—which often promotes themes of romance, resilience, and creativity—and the reality of the industry's production process. This reputational risk is significant. The Lee Sun-kyun tragedy exposes the fundamental paradox of modern South Korea: the nation has successfully built and exported a hyper-modern, creative, and seemingly liberal cultural identity to the world, while simultaneously failing to reform the illiberal, authoritarian-era social and legal structures that persist at home. His death is a tragic symptom of this unresolved contradiction, and the future health and ethical standing of its global soft power depend on its resolution.

5.3. Recommendations for Systemic Reform

To prevent another such tragedy and to begin repairing the systemic flaws this case has exposed, a multi-faceted approach involving legal, media, and societal reform is imperative.

For Law Enforcement & Judiciary:

Activate Article 126: The "crime of disclosing facts of a suspected crime" must be transformed from a "dead letter" into an enforceable law. The judiciary must be willing to hear cases brought under this statute, and prosecutors must be mandated to investigate and charge officials who illegally leak investigative details. The recent charges filed against a police officer and a prosecutor's investigator are a positive first step but must become the established norm, not a rare exception.2 Abolish the 'Photo-Line' Ritual: This practice of public shaming serves no legitimate investigative purpose and is a gross violation of a suspect's human rights. It must be abolished entirely. Police must be held strictly accountable to their own internal rules that mandate private summonses for suspects by default.3 Shift to Evidence-Based, Rights-Centric Investigation: There must be a conscious institutional shift away from confession-driven investigative tactics, such as marathon interrogations, which are relics of an authoritarian past and create immense pressure for false confessions.21 The focus must be on objective, forensic evidence and the strict observance of a suspect's rights, including the right to counsel and the right to remain silent without prejudice.

For the Media and Legislature:

Establish Binding Ethical Guidelines with Penalties: Voluntary codes of conduct have proven insufficient. The National Assembly, in consultation with journalistic bodies and human rights experts, should consider legislation that imposes significant, meaningful financial penalties on media outlets that publish illegally obtained investigative details or irrelevant private information that violates a suspect's rights. This would shift the legal and financial risk from the violated individual to the violating media corporation.3 Reform Criminal Defamation Laws: South Korea's heavy reliance on criminal defamation laws, which can lead to prison sentences, has been flagged by international observers like Freedom House as having a "chilling effect" on free speech and legitimate journalism.47 A comprehensive review is needed to align these laws with international human rights standards, decriminalizing defamation where possible and raising the threshold for what constitutes a criminal offense, particularly in cases involving public interest and criticism.

For Society and Policymakers:

Foster a Nuanced National Discourse on Drug Policy: A national conversation, led by public health experts, sociologists, and policymakers, is urgently needed to evolve the approach to drug use from one of pure moral condemnation to a modern public health-oriented perspective. This includes destigmatizing addiction, investing in accessible and confidential treatment and rehabilitation programs, and focusing policy on harm reduction rather than solely on punishment.16 Re-evaluate Cultural Expectations of Public Figures: A societal maturation is needed to move away from the impossible expectation of moral perfection from artists and public figures. Fostering a more sophisticated public understanding that separates an artist's work from their private life can help break the vicious cycle of idealization followed by brutal public shaming. This involves media literacy education and a collective rejection of the "drug pornography" and character assassination that currently drive so much media engagement.7

Conclusion

The death of Lee Sun-kyun was a preventable tragedy, a human sacrifice to a system that prioritizes spectacle over due process and public shaming over human dignity. He was a casualty of the collision between a modern global celebrity culture and the remnants of an illiberal, authoritarian past. The analysis is clear: a "dead letter" law designed to protect him failed, law enforcement officials who should have been his protectors became complicit in his public degradation, and a media ecosystem driven by sensationalism and fueled by illegal leaks acted as judge, jury, and executioner in the court of public opinion. The powerful and unified response from the arts community offers a glimmer of hope that this moment can become a true inflection point for South Korean society. The path forward requires more than just mourning; it demands courage and a commitment to deep, structural reform. The challenge is to finally resolve the contradiction at the heart of modern Korea—to ensure that the nation's domestic legal and social practices live up to the liberal, creative, and humane values that its celebrated culture projects to the world. Protecting the fundamental dignity of every individual, even in the face of intense public scrutiny, is not just a Korean issue but a challenge of global resonance in the digital age. Failure to act would be the final, unforgivable injustice to the memory of Lee Sun-kyun. 참고 자료 Lee Sun-kyun - Wikipedia, 8월 2, 2025에 액세스, https://en.wikipedia.org/wiki/Lee_Sun-kyun Prosecution charges officials for leaking investigation details of late Lee Sun-kyun, 8월 2, 2025에 액세스, https://biz.chosun.com/en/en-entertainment/2025/06/06/5Y263P6ZYBBWRIBENIBB7S2XSY/ [Editorial] The right not to know - The Korea Herald, 8월 2, 2025에 액세스, https://www.koreaherald.com/article/3293958 Police Arrested for Leaking Information of Lee Sun-kyun - Varsity - The Chinese University of Hong Kong, 8월 2, 2025에 액세스, https://varsity.com.cuhk.edu.hk/index.php/2024/04/police-arrested-for-leaking-information-of-lee-sun-kyun/ Late actor Lee Sun-kyun's blackmailers sentenced amid ongoing drug investigation, 8월 2, 2025에 액세스, https://timesofindia.indiatimes.com/web-series/news/korean/late-actor-lee-sun-kyuns-blackmailers-sentenced-amid-ongoing-drug-investigation/articleshow/116492736.cms Parasite actor Lee Sun-kyun found dead in Seoul - The Guardian, 8월 2, 2025에 액세스, https://www.theguardian.com/film/2023/dec/27/parasite-actor-lee-sun-kyun-found-dead-in-seoul Mourning Lee Sun-kyun's mortality and his immortal characters - The Varsity, 8월 2, 2025에 액세스, https://thevarsity.ca/2024/01/14/mourning-lee-sun-kyuns-mortality-and-his-immortal-characters/ 되짚어본 이선균 보도…“그건 알권리 아니다” - 한겨레, 8월 2, 2025에 액세스, https://www.hani.co.kr/arti/society/media/1123095.html The filmmakers finally speak out after Lee Sun-kyun's unfair death : r/KoreaSeoul - Reddit, 8월 2, 2025에 액세스, https://www.reddit.com/r/KoreaSeoul/comments/192542o/the_filmmakers_finally_speak_out_after_lee/ 이선균 보도 무더기 '주의'조치…그래도 사과는 안해 - 세상을 바꾸는 ..., 8월 2, 2025에 액세스, https://www.mindlenews.com/news/articleView.html?idxno=7210 Entertainment figures slam police and press for actor Lee Sun-kyun's death, 8월 2, 2025에 액세스, https://koreajoongangdaily.joins.com/news/2024-01-12/national/socialAffairs/Entertainment-figures-slam-police-and-press-for-actor-Lee-Sunkyuns-death/1957358 A Study on Rational Application Plan for 'Publication of Facts of Suspected Crime' | KICJ Research Reports | PUBLICATIONS : KICJ Korean Institute of Criminology and Justice, 8월 2, 2025에 액세스, https://www.kicj.re.kr/board.es?mid=a20201000000&bid=0029&tag=&act=view&list_no=12517 www.pac.or.kr, 8월 2, 2025에 액세스, https://www.pac.or.kr/_common/new_download_file.asp?menu=magazine_sub&sub_idx=3614#:~:text=%ED%94%BC%EC%9D%98%EC%82%AC%EC%8B%A4%EC%9D%B4%20%EA%B3%B5%ED%91%9C%EB%90%A8%EC%9C%BC%EB%A1%9C,%EC%9D%B4%20%EC%B9%A8%ED%95%B4%EB%90%98%EA%B8%B0%20%EC%89%AC%EC%9A%B4%20%EA%B2%83%EC%9D%B4%EB%8B%A4. 피의사실공표의 형법적 한계 - 경찰대학, 8월 2, 2025에 액세스, https://www.police.ac.kr/pds/1140078041_1.pdf [사법센터 논평] 피의사실공표 등 위법·부당한 수사 관행, 더 이상 좌시할 수 없다, 8월 2, 2025에 액세스, https://www.minbyun.or.kr/?p=57193 경찰은 흘리고 언론은 받아쓰고...이선균은 희생자다 - 오마이뉴스, 8월 2, 2025에 액세스, https://www.ohmynews.com/NWS_Web/View/at_pg.aspx?CNTN_CD=A0002989119 The actual truth about Lee Sun-kyun's case from an actual Korean perspective - Reddit, 8월 2, 2025에 액세스, https://www.reddit.com/r/Koreanfilm/comments/18ts6jp/the_actual_truth_about_lee_sunkyuns_case_from_an/ Parliament passes 'mug shot disclosure bill' expanding info disclosure for violent crime offenders - The Korea Times, 8월 2, 2025에 액세스, https://www.koreatimes.co.kr/southkorea/law-crime/20231006/parliament-passes-mug-shot-disclosure-bill-expanding-info-disclosure-for-violent-crime-offenders act on the disclosure of personal information of specific serious crime suspects - Statutes of the Republic of Korea, 8월 2, 2025에 액세스, https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=64537&type=sogan&key=9 'Parasite' Actor Lee Sun-kyun Was Under Drug Investigation at Time of Death - Newsweek, 8월 2, 2025에 액세스, https://www.newsweek.com/lee-sun-kyun-dead-parasite-actor-drug-investigation-south-korea-seoul-1855690 Analysis on Korean Criminal Justice System and its Policies: Assessing the Legal System to prevent Miscarriage of Justice | KICJ Research Reports | PUBLICATIONS, 8월 2, 2025에 액세스, https://www.kicj.re.kr/board.es?mid=a20201000000&bid=0029&tag=&act=view&list_no=12466 Lee Sun-Kyun: Image is still everything – Institutional Control, Drugs and Stardom in South Korea - Monash University, 8월 2, 2025에 액세스, https://www.monash.edu/arts/languages-literatures-cultures-linguistics/korean-studies-research-hub/research/global-politics-current-affairs/1lee-sun-kyun-image-is-still-everything-institutional-control,-drugs-and-stardom-in-south-korea Lee Sun-Kyun's suicide: the pressures of South Korea's entertainment industry and strict drug laws - Pi Media, 8월 2, 2025에 액세스, https://uclpimedia.com/online/lee-sun-kyuns-suicide-the-pressures-of-south-koreas-entertainment-industry-and-strict-drug-laws-by-milla-daubert 故 이선균 사망 1년…협박해 돈 뜯은 두 여성에 징역형 [MBN 뉴스7] - YouTube, 8월 2, 2025에 액세스, https://www.youtube.com/watch?v=Dxbz8OXOjII 이선균 사망 하루 전, 도망 갔던 협박 여성 결국…#뉴스다 / JTBC News - YouTube, 8월 2, 2025에 액세스, https://www.youtube.com/watch?v=2oRmFZc80Rk Drug policy of South Korea - Wikipedia, 8월 2, 2025에 액세스, https://en.wikipedia.org/wiki/Drug_policy_of_South_Korea Drugs in Korea: A Guide to the Law, Sentence, Defense Lawyer and more, 8월 2, 2025에 액세스, https://seoullawgroup.com/drugs-in-korea/ Social Stigma and Discrimination Toward People With Drug Addiction: A National Survey in Korea - PMC, 8월 2, 2025에 액세스, https://pmc.ncbi.nlm.nih.gov/articles/PMC10397776/ The truth about Lee Sun Kyun's case. It was a political cover up by the corrupt Prosecution and President Yoon by using him as a scapegoat. - Reddit, 8월 2, 2025에 액세스, https://www.reddit.com/r/Koreanfilm/comments/18swpo8/the_truth_about_lee_sun_kyuns_case_it_was_a/ The truth about Lee Sun Kyun's case. It was a political cover up by the corrupt Prosecution and President Yoon by using him as a scapegoat. : r/korea - Reddit, 8월 2, 2025에 액세스, https://www.reddit.com/r/korea/comments/18sxqp3/the_truth_about_lee_sun_kyuns_case_it_was_a/ Five Defendants, Including Two Doctors, Charged in Connection with Actor Matthew Perry's Fatal Drug Overdose Last Year - Department of Justice, 8월 2, 2025에 액세스, https://www.justice.gov/usao-cdca/pr/five-defendants-including-two-doctors-charged-connection-actor-matthew-perrys-fatal In Matthew Perry's death, 5 charged including 2 doctors, assistant and woman known as Hollywood "Ketamine Queen" - CBS News, 8월 2, 2025에 액세스, https://www.cbsnews.com/losangeles/news/matthew-perry-ketamine-death-investigation-arrests/ Robert Downey Jr.s Struggle with Drugs - Samba Recovery, 8월 2, 2025에 액세스, https://www.sambarecovery.com/rehab-blog/robert-downey-jr-and-drugs Robert Downey Jr. in a mug shot taken when he was transferred to the California Substance Abuse Treatment Facility and State Prison, Corcoran, August 25th, 1999. [724 x 942] - Reddit, 8월 2, 2025에 액세스, https://www.reddit.com/r/HistoryPorn/comments/l8lx6p/robert_downey_jr_in_a_mug_shot_taken_when_he_was/ Robert Downey Jr. Recalls Time Spent in Prison in the 90's | THR News - YouTube, 8월 2, 2025에 액세스, https://www.youtube.com/watch?v=aLIx5mwjUXI Robert Downey Jr. pardoned for 1990s felony drug conviction | CBC News, 8월 2, 2025에 액세스, https://www.cbc.ca/news/entertainment/downey-jr-pardon-1.3380191 Report: Supermodel Used Cocaine - CBS News, 8월 2, 2025에 액세스, https://www.cbsnews.com/news/report-supermodel-used-cocaine/ Kate Moss Video Given To Police - CBS News, 8월 2, 2025에 액세스, https://www.cbsnews.com/news/kate-moss-video-given-to-police/ Celebrity drug scandals exposed (PDF) - DrugWise, 8월 2, 2025에 액세스, https://www.drugwise.org.uk/wp-content/uploads/Celebrity-drug-scandals-exposed.pdf Chanel and Burberry drop Moss as police start inquiry | UK news - The Guardian, 8월 2, 2025에 액세스, https://www.theguardian.com/uk/2005/sep/22/drugsandalcohol.vikramdodd Kate Moss 'sick and angry' at being made a scapegoat for taking cocaine - The Guardian, 8월 2, 2025에 액세스, https://www.theguardian.com/fashion/2022/jul/24/kate-moss-desert-island-discs-cocaine-use-johnny-depp Bong Joon-ho joins calls for investigation of Lee Sun-kyun's death - The Guardian, 8월 2, 2025에 액세스, https://www.theguardian.com/film/2024/jan/11/bong-joon-ho-joins-calls-for-investigation-of-lee-sun-kyuns-death The loss of actor Lee Sun-kyun casts a chill shadow over Korea's film world - The Guardian, 8월 2, 2025에 액세스, https://www.theguardian.com/film/commentisfree/2023/dec/27/the-loss-of-actor-lee-sun-kyun-casts-a-chill-shadow-over-koreas-film-world Seoul National University Journalists, Reporters, Correspondents, 8월 2, 2025에 액세스, https://paydesk.co/journalists/by-organization/seoul-national-university Full article: Impacts of physical and testimonial evidence on South Korean Police interrogator's selection of tactics - Taylor & Francis Online, 8월 2, 2025에 액세스, https://www.tandfonline.com/doi/full/10.1080/13218719.2024.2427623 The Unfinished Criminal Procedure Revolution of Post-Democratization South Korea - Digital Commons @ DU, 8월 2, 2025에 액세스, https://digitalcommons.du.edu/cgi/viewcontent.cgi?article=1474&context=djilp Freedom of the press in South Korea - Wikipedia, 8월 2, 2025에 액세스, https://en.wikipedia.org/wiki/Freedom_of_the_press_in_South_Korea (PDF) Freedom of Expression in South Korea - ResearchGate, 8월 2, 2025에 액세스, https://www.researchgate.net/publication/274265440_Freedom_of_Expression_in_South_Korea Criminal Prosecutions for Defamation and Insult in South Korea with a Leflarian Study in Election Contexts, 8월 2, 2025에 액세스, https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1026&context=alr A Path Analysis Study on the Influence of Social Norms on Substance Use Severity: Focusing on People Who Use Cannabis, Narcotics, and Psychotropic Substances in South Korea - MDPI, 8월 2, 2025에 액세스, https://www.mdpi.com/1660-4601/22/1/15