Can I file a criminal complaint for online insult?

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I'm a tenant who has been living for about 2 years after signing a lease contract with the landlord. I now want to move and requested my lease deposit back, but they're refusing saying they have no money to return? I need to move but they're holding the deposit, causing such severe stress I might lose my hair. Is there a way to quickly do provisional seizure or injunction? Busan debt collection attorney, please help.

online insult

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作者: 고병준

If someone has repeatedly posted expressions that demean or contempt others on the internet, criminal complaints for online insult are possible.

Recently, many people running internet personal broadcasts are continuously exposed to malicious ridicule, contempt, and demeaning expressions, and the resulting mental damage is also considerable.

In particular, in cases like yours where although profanity is not direct, repeated ridicule and personal attacks continue, it can be recognized as openly insulting a person under Article 311 of the Criminal Act.

Accordingly, when filing a criminal complaint for "online insult", the perpetrator can be subject to imprisonment of up to 1 year, detention, or a fine of up to 2 million won.

Furthermore, if the post or comment goes beyond simple insult and reveals facts or false facts to damage reputation, stronger criminal punishment is possible under Article 70 of the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc."

- If reputation is damaged by stating facts: imprisonment of up to 3 years or a fine of up to 30 million won

- If reputation is damaged by stating false facts: imprisonment of up to 7 years, suspension of qualification for up to 10 years, or a fine of up to 50 million won

Beyond simple criminal complaint, deletion and blocking measures of the relevant comments or posts are also possible.

According to the "Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.," online platform operators must take action upon request from those whose rights are infringed.

Under Article 44-2, Paragraph 1 of the Information and Communications Network Act, you can request the platform to delete or post a rebuttal.

At this time, it is good to also submit evidence proving the infringement.

In addition, if you consult with an expert experienced in handling malicious comments against broadcasters and SNS influencers, you can effectively respond by simultaneously proceeding with criminal complaints and information deletion measures.