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Practice Areas

Defamation/Dissemination of False Information

Defamation and the dissemination of false information are crimes relating to a person's reputation. A person who damages another's reputation or disseminates false information may be subject to criminal punishment for defamation or dissemination of false information.

CONTENTS
  • 1. Defamation/Dissemination of False Information | Requirements for Establishment
    • - Elements of Defamation
    • - Elements of the Crime of Disseminating False Information
  • 2. Defamation/Dissemination of False Information | Actual Cases
  • 3. Defamation/Dissemination of False Information | Level of Punishment
    • - Sentencing Guidelines
  • 4. Defamation/Dissemination of False Information | Methods of Response
    • - Reviewing the Contents of the Complaint Carefully
    • - Engaging Faithfully in the Police Investigation
    • - Setting the Direction of Statements in Advance
    • - Collecting Evidence
  • 5. Defamation/Dissemination of False Information | If It Is Difficult to Respond on Your Own?

1. Defamation/Dissemination of False Information | Requirements for Establishment

Defamation dissemination of false information elements of the offense practice area

Defamation and dissemination of false information are acts that damage another person's reputation or lower their social standing, and may be punishable as crimes under the Criminal Act.

The offense is established by publicly alleging specific facts or false facts, and care should be taken because civil liability and criminal liability may arise at the same time.

For both defamation and dissemination of false information, intent is an important element, and the victim's reputation must have been actually damaged.

Where defamation is carried out through the internet or digital media, the crime of cyber defamation may be established.

Elements of Defamation

① The purpose of disparaging a person

② Publicity

③ Allegation of a true or false fact

④ Damage to reputation

Defamation is an act intended to harm another person's social reputation or dignity, and it is established where a person damages another's reputation by disseminating false facts or by disclosing facts.

For defamation to be established, it must be possible to prove that the victim's reputation was actually damaged, and where the disseminated content consists of false facts, the offense is established more clearly.

In addition, even where true facts were disseminated, defamation may be recognized if the information was socially unnecessary or capable of causing harm.

Elements of the Crime of Disseminating False Information

① Allegation of false facts

② Publicity

③ Specificity

④ Intent for the purpose of disparagement

The dissemination of false information is a crime that damages another person's reputation by spreading information that is not true, and it is established only where the false facts are publicly disseminated.

In this case, the disseminated content must be something that does not actually exist or that has been distorted, and the disseminated information must be capable of lowering the victim's social reputation.

In addition, when disseminating false facts, there must be a deliberate intent to damage another person's reputation, and without such intent, the crime may not be established.

If the person who disseminated the false facts did not act with intent but merely conveyed information, the dissemination of false information may not be established.

2. Defamation/Dissemination of False Information | Actual Cases

Defamation dissemination of false information punishment sentence practice area

The following are commonly occurring examples among actual cases related to defamation and the dissemination of false information.

Defamation

| Spreading slander about a particular colleague within the workplace

| Stating false facts about a student or teacher at a school

| Spreading false rumors at a gathering of acquaintances, and similar situations

Dissemination of False Information

| Spreading an untrue allegation of criminal involvement against a particular candidate ahead of an election

| Spreading a baseless rumor to neighbors or customers that a particular business is operating illegally

| Telling those around oneself false facts about a former colleague, and similar situations

3. Defamation/Dissemination of False Information | Level of Punishment

Defamation is punished under Article 307 of the Criminal Act, and the level of punishment is as follows.

A person who damages another's reputation by publicly alleging facts (defamation by allegation of fact)

Imprisonment with or without labor for not more than two years, or a fine not exceeding five million won

A person who damages another's reputation by publicly alleging false facts (defamation by allegation of false fact)

Imprisonment with labor for not more than five years, suspension of qualifications for not more than ten years, or a fine not exceeding ten million won

The crime of disseminating false information is punished under Article 313 of the Criminal Act, and the level of punishment is as follows.

A person who damages another's credit by disseminating false facts

or by other deceptive means

Imprisonment with labor for not more than five years, or a fine not exceeding fifteen million won

Sentencing Guidelines

※ Defamation by allegation of false fact

▷ Where there are circumstances particularly worthy of consideration in the participation in the offense

▷ A motive for the offense worthy of consideration

▷ Where the degree of the allegation of false facts is minor

▷ Dolus eventualis (willful negligence)

▷ Where the likelihood of dissemination is low

▷ Where it concerns defamation of a deceased person

▷ Mental and physical weakness

▷ Voluntary surrender

▷ No wish for punishment, or substantial recovery of damages (including deposit with an official depository)

▷ Passive participation

▷ Genuine reflection

▷ No prior criminal punishment

4. Defamation/Dissemination of False Information | Methods of Response

Daeryun defamation/dissemination of false information civil and criminal liability arising

Defamation and the dissemination of false information are crimes that may give rise to civil and criminal liability at the same time.

Therefore, if you become involved in a defamation-related case, it is advisable to promptly prepare a defense strategy.

Reviewing the Contents of the Complaint Carefully

If you receive a criminal complaint, the first step is to identify the purpose of the complaint and the specific grounds for it.

A complaint contains the complainant's assertions, the criminal facts concerning what the accused is alleged to have done, and the evidence submitted by the complainant. It should be read accurately so that the direction of the response can be set.

Engaging Faithfully in the Police Investigation

If you receive a request to appear before the police, you should appear at the designated date and time, and it is important to maintain a faithful and composed attitude during questioning.

It is advantageous to organize your position in advance and to maintain consistent statements in response to questions.

It is also helpful to remember that you have the right to refrain from making statements unfavorable to yourself, and that, depending on the situation, the right to refuse to make statements (the right to remain silent) is also legally guaranteed.

Setting the Direction of Statements in Advance

Before questioning, it is advisable to organize your position and the logical grounds supporting it.

For example, preparing by organizing points such as whether the statement in question was for the purpose of the public interest, whether it amounted to no more than a mere expression of opinion, and the fact that there was no intent to disparage the other party can help reduce misunderstanding on the part of the investigative authorities.

Collecting Evidence

To prove that the information is not false, sufficient objective evidence demonstrating that the content is true should be gathered.

For example, video, photographs, documents, and written statements from third parties fall into this category.

In addition, preparing materials showing that you did not intentionally damage another's reputation, as well as materials capable of demonstrating a generally diligent way of life or the absence of any concern about reoffending (such as a letter of reflection or a petition) can have a positive effect on the judgment of the investigative authorities or the court.

Such materials play an important role in enhancing the credibility of your statements and in clearing the charges.

5. Defamation/Dissemination of False Information | If It Is Difficult to Respond on Your Own?

Defamation and dissemination of false information cases can have serious legal consequences, so the initial response is very important.

The facts should be organized promptly and favorable evidence secured, while the possibility of settlement is also carefully reviewed.

A careless response may lead to criminal punishment or civil litigation, so caution is needed.

To prevent a small misunderstanding from escalating into a significant legal disadvantage, it is important to review the points of caution explained above carefully and to respond promptly.

Daeryun Law Firm has many attorneys registered with the Korean Bar Association as attorneys focusing on criminal matters, and provides prompt and systematic legal support from the early stages of a case.

→ Analysis of the facts of the case and collection of favorable evidence

→ Establishing a response strategy through review of the complaint and investigation materials

→ Assistance with statements during the police investigation and protection of legal rights

→ Support with settlement negotiations and response to civil litigation

→ Securing digital evidence and materials in cooperation with the in-house Evidence Investigation Center

→ Conducting an amicable settlement process with the victim

If it is difficult to respond on your own, please reach out to a criminal attorney at Daeryun Law Firm for assistance.

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