CONTENTS
- 1. The Story of a Client Facing the Risk of Imprisonment for Defamation
- - Circumstances of the Defamation Case
- - Defamation Allegation, the Criminal Defense Attorney's Strategy
- - The Client Who Avoided Imprisonment for Defamation, Concluded with Non-Prosecution
- 2. Imprisonment for Defamation, the Elements and Level of Punishment
- - The Elements of Imprisonment for Defamation
- - Level of Punishment
- 3. If You Wish to Avoid Imprisonment for Defamation
- - Checklist for Responding Alone
1. The Story of a Client Facing the Risk of Imprisonment for Defamation
First, we will introduce the story of a client who faced the risk of imprisonment for defamation.
The client came to face the risk of defamation punishment because of a review posted to an online community.
Circumstances of the Defamation Case
The client belonged to the operating committee of a club.
The club held regular monthly gatherings and shared activities such as drinking gatherings, commemorative photo shoots, and outings.
To facilitate the gatherings, the client entered into a contract with the representative of Studio A (hereinafter the victim) and arranged to rent the studio on set dates each month to hold the club's gatherings.
After the club had held several gatherings at the studio, the victim suddenly demanded a certain amount from the operating committee, claiming that, in addition to the contract fee, studio management fees and the like had to be paid.
When the operating committee refused this, the victim continued conduct such as not cleaning up the studio and not properly stocking supplies.
Feeling displeasure at the victim's conduct, the client left a negative review of Studio A on an online community.
The review included content such as, "The owner does not clean up properly, so the studio is dirty," and, "He engages in gaslighting in an attempt to extract more money under the pretext of management fees."
Upon seeing the review, the victim asserted that his reputation had been damaged by its content and filed a complaint.
The client, who thereby came to face the risk of imprisonment for defamation, requested the assistance of a criminal defense attorney.
Defamation Allegation, the Criminal Defense Attorney's Strategy
1) Denial of the Elements of Defamation Using Precedent
Supreme Court, November 25, 2010, Judgment No. 2009Do12132
Citing this precedent, the criminal defense attorney emphasized that the review the client had posted included the statement, "This review was written for a public purpose," and that several comments thanking the author for the information about the studio had in fact been posted in reply.
Accordingly, the attorney argued that the review clearly bore a public-interest character and that, in light of this, the elements of defamation were negated.
2) Rebuttal of the Victim's Retaliatory Measures
The criminal defense attorney secured records of messages in which the victim demanded money from the operating committee, statements from members belonging to the club, and photographs of supplies that had not been stocked during their stay at the studio.
Through this, the attorney emphasized that it was a clear fact that the victim had demanded money from the club to which the client belonged in plain breach of the contract and, when this was not complied with, had engaged in the conduct described above as a retaliatory measure, and that, in light of this, the victim's assertion of having been defamed was unwarranted.
The Client Who Avoided Imprisonment for Defamation, Concluded with Non-Prosecution
In accordance with the criminal defense attorney's assistance, the investigative agency recognized that the conduct served a public-interest purpose and, accordingly, confirmed that there had been no purpose to disparage the victim.
As a result, it found that the elements of the crime of defamation were not satisfied.
Accordingly, the client was able to avoid the risk of imprisonment for defamation and obtain a non-prosecution disposition.
2. Imprisonment for Defamation, the Elements and Level of Punishment
Where a person damages another's reputation by stating false facts or a truth that may impair the social evaluation of that other person, imprisonment for defamation may be imposed.
The Elements of Imprisonment for Defamation
② The presence of public dissemination
③ The statement of a fact, whether true or false
④ An act that damages reputation
Where, through an act intended to harm another person's social reputation or dignity, a person spreads false facts or discloses facts and thereby damages that person's reputation, the allegation may be established.
Level of Punishment
Nature of the act | Level of punishment |
Publicly stating a fact and thereby damaging another's reputation | Imprisonment with or without labor for not more than 2 years, or a fine of not more than 5 million won |
Publicly stating false facts and thereby damaging another's reputation | Imprisonment for not more than 5 years, suspension of qualifications for not more than 10 years, or a fine of not more than 10 million won |
Damaging another's reputation by means of facts through an information and communications network | Imprisonment for not more than 3 years or a fine of not more than 30 million won |
Damaging another's reputation by means of false facts through an information and communications network | Imprisonment for not more than 7 years, suspension of qualifications for not more than 10 years, or a fine of not more than 50 million won |
3. If You Wish to Avoid Imprisonment for Defamation
If you wish to avoid imprisonment for defamation, you must systematically organize factors such as the public-interest purpose, whether there was an intent to disparage, and the truth or falsity of the expression, and clearly set the direction of your response from the early investigation stage.
Checklist for Responding Alone
Item for review |
|---|
Check whether the content of the complaint and the submitted evidence have been accurately confirmed |
Review whether the expression is true and whether there is any portion that could be mistaken as false |
Organize whether there was a public-interest purpose and whether there was no intent to disparage |
Secure objective evidence such as the original post, screenshots, and materials on the circumstances of authorship |
Organize the direction of statements and the core reasoning in advance of the police investigation |
Refrain from writing additional posts or responding emotionally |
If you require a legal review concerning imprisonment for defamation, you can organize the direction of your response through the assistance of a criminal defense attorney.
A criminal defense attorney analyzes the complaint and the investigation records to review matters such as whether the elements are met, grounds precluding illegality, and the feasibility of asserting public interest, and designs a statement strategy.
If the truth or falsity of a post or the securing of digital evidence becomes an issue, the attorney collaborates with the internal evidence investigation center and the digital forensics center to analyze the materials and secure objective grounds.
If you need assistance, please obtain a review of your specific case through a 🔗Legal Consultation Reservation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
