If I file a defamation criminal complaint, will the perpetrator be punished?

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Hello, I want to register a medical device patent but don't know where and how to proceed. Since I've only done business in the US, I'm not familiar with domestic patent registration procedures. I'd like to know the medical device patent registration procedure and any precautions. If I'm not familiar with Korean medical device patent procedures or regulations, would it be better to proceed with an attorney's help from the start?

defamation criminal complaint

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作者: 고병준

Defamation can be punished under the 「Criminal Act」 and the 「Act on Promotion of Information and Communications Network Utilization and Information Protection」 (Information and Communications Network Act).

In particular, as in your situation, when it occurs through information and communications networks such as YouTube, communities, and SNS, it constitutes 'internet defamation'.

However, for internet defamation to be established, there must be publicity, intent to slander, and the statement of facts or false facts.

Here, intent to slander means whether there was an intention to disparage a specific person (you), not just a simple opinion.

In addition, it is good to know that even if the relevant content is true and not false, you can proceed with a defamation criminal complaint.

If all the requirements for the establishment of the crime are met as above and the perpetrator's charges are recognized, the perpetrator may be subject to punishment through a defamation criminal complaint.

In this case, for defamation by stating facts, imprisonment of up to 3 years or a fine of up to 30 million won is imposed (Article 70 of the Information and Communications Network Act).

On the other hand, for defamation by stating false facts, imprisonment of up to 7 years, suspension of qualifications for up to 10 years, or a fine of up to 50 million won is imposed.

In conclusion, simple criticism or expression of opinion is difficult to view as defamation, but spreading false facts or making personal attack remarks is highly likely to be subject to criminal punishment.

Therefore, if the slanderous posts you suffered have specificity, state truth or false facts, and contain content that damages your reputation, the perpetrator may be punished through a defamation criminal complaint.