Insult

▷ Insult in the Workplace

Where, while pointing out a superior's mistake, a person uses profanity or makes remarks amounting to a personal attack

▷ Insult in a Public Place Such as the Subway

Where a person directs profanity or slanderous conduct at another person

▷ Insult of a Superior Officer in the Military

Where a person insults a superior officer to their face, or by means of a document, drawing, or the like

The crime of insult and defamation are similar in that both are offenses that damage another person's reputation, but they differ in their requirements for establishment and the nature of the act.

The crime of insult is an offense that damages another person's reputation through remarks or conduct that disregards or demeans the other party, and it is established regardless of whether the content is true.

The key is simply speech or conduct that demeans or shows contempt for the other party, and it may be established even without spreading any specific fact.

For example, a remark such as "You are nothing" may amount to the crime of insult.

By contrast, defamation is an offense that damages another person's reputation by distorting facts or spreading false facts.

The key to defamation is content related to facts, and it is established when one distorts some fact, whether true or false, or spreads false information.

For example, openly spreading the false fact that "that person stole money" amounts to defamation.

The insulting conduct must take place in a state where an unspecified number of people can perceive it.

For example, publicity is recognized when a person uses abusive language in an open place where several people are present, or posts insulting writing on an online bulletin board that many can view.

By contrast, where the communication is disclosed only to a specific few, such as a one-on-one chat or a private message, publicity is not recognized.

The person who is the target of the insult must be clearly identified.

Even without directly mentioning a name or photograph, identifiability is recognized if the victim can be identified through the surrounding circumstances or context.

For example, even when an entire organization or group is referred to, Insult / Contempt may be established if that group is clearly identified.

It must involve a disparaging or contemptuous meaning that undermines social reputation, rather than an expression that merely causes displeasure.

In addition, Insult / Contempt may be established where a person ridicules or shows contempt toward another in a public place.

Insult / Contempt is a crime requiring a complaint to prosecute.

A crime requiring a complaint to prosecute means a crime for which a prosecutor may bring a public prosecution only when there is a complaint by a person entitled to file it, such as the victim or a legal representative.

Accordingly, in the case of Insult / Contempt, punishment is not possible if the victim does not file a complaint within a certain period.

The crime of insult is established by the "act of openly insulting a person," and the victim must be specified.

Accordingly, where the other party's assertion differs from the facts, or where the victim is an unspecified number of persons, the crime of insult may not be established.

Bearing this in mind, you should clarify your own position and actively rebut the unfavorable points.

The evidence of the insulting conduct presented by the other party should be carefully verified.

It is necessary to closely review whether the submitted evidence, such as recordings, text messages, and posts, is accurate, and whether any of its content has been exaggerated or distorted.

In addition, if there is material that can support one's own position, it should be secured and used as a basis for rebuttal.

To resolve the matter amicably, one may attempt a settlement with the other party.

The terms of the settlement should be clearly confirmed, and the contents of the settlement should always be put in writing and kept.

Because a settlement may lead to withdrawal of the complaint or avoidance of punishment, it should be approached with care.

In case a settlement proves difficult or the matter proceeds to litigation, the circumstances of the case and the related evidence should be organized systematically.

The documents and procedures required by the court should be thoroughly confirmed in order to respond appropriately.

You should secure as much related material as possible, such as text messages, online posts, and videos containing the insulting remarks.

It is important to record in detail the date and time, place, and circumstances in which the insulting act occurred.

If there was a witness present at the scene, obtaining a written statement from them can also be used as evidence.

You may file a complaint by visiting the competent police station or prosecutors' office in person.

In the complaint, you should clearly state the facts of the harm, information about the perpetrator, and the evidentiary materials secured.

To prepare a clearer and more persuasive complaint, it can be helpful to receive the assistance of an attorney.

You should faithfully comply with the investigative authority's request to appear, and explain the facts of the harm in detail during the investigation.

If there was mental suffering or social harm caused by the insulting act, it is advisable to state that content in detail.

If an amicable resolution with the suspect is desired, a settlement may be attempted, and when settling, it is advisable to focus on remedying the harm.

If a settlement is not reached or is not desired, legal punishment may be sought through a formal trial.