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Q

How should I secure evidence before filing a defamation civil lawsuit?

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I've been a victim of investment fraud, and the investment amount exceeds 100 million won. It's not just simple fraud — it appears embezzlement is involved too, and there are countless victims like me. We want to join forces and file a criminal complaint and lawsuit, pursuing it as a workplace embezzlement case. But after filing a criminal fraud complaint, do I need to go through separate procedures for damages compensation in civil court, or does winning the criminal case automatically result in compensation?

defamation civil lawsuit

A

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Hello. This is the civil specialist attorney at Daeryun Law Firm.

To file a defamation civil lawsuit, how to secure evidence before the lawsuit is most important.

In a defamation civil lawsuit, the victim must directly prove the harmful act and damages, so if evidence is insufficient, the lawsuit itself can become difficult.

Basically, you must secure materials so that the content, URL, posting time, and account information of the problematic post or comment can be confirmed.

Screenshots alone have limitations, so if possible, it is helpful to prove the existence and content of the post through notarization.

Even posts that have already been deleted can be used if there is material from before deletion, and you may also consider requesting a fact inquiry against the platform operator.

You also need to organize what actual harm has resulted from the defamation.

Materials that can objectively show declined social reputation, business interruption, workplace disadvantages, and emotional distress will form the basis for damages determination.

The important point in this process is that evidence must be collected through legal channels.

Daeryun Law Firm collaborates with the Evidence Investigation and Digital Forensics Center to lawfully conduct online record analysis, deleted post review, and review of identifying authors, supporting the collection of evidence necessary for defamation civil lawsuits.

We also review defamation criminal complaint procedures together with civil damage claims to provide comprehensive response strategies tailored to the case.

If you are having difficulty even in the evidence-gathering stage, we recommend reviewing the response direction tailored to your case through consultation with a civil specialist attorney.

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