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Deals & Cases

Insult

Crime of Insult Through Abusive Language | Client Charged With Insult by a Workplace Colleague, Non-Referral

This is the case of a client who requested assistance regarding a charge of insult through abusive language. To respond to the complaint for insult, the criminal attorney presented a systematic response strategy and brought about a non-referral decision.

CONTENTS
  • 1. Client Implicated in a Crime of Insult Through Abusive Language
    • - The Story of the Client Who Came to the Criminal Attorney
  • 2. The Criminal Attorney's Strategy Regarding the Charge of Insult Through Abusive Language
    • - Attorney's Assistance 1) Denying the Intent to Insult
    • - Attorney's Assistance 2. Securing Statements From Those Nearby
    • - Attorney's Assistance 3. Rebutting the Objectivity of the Internal Disciplinary Disposition
    • - Attorney's Assistance 4. Pointing Out the Credibility of the Opposing Party's Assertion
  • 3. Crime of Insult Through Abusive Language, a Non-Referral Through the Criminal Attorney's Assistance
  • 4. Legal Information for the Suspect in a Crime of Insult Through Abusive Language
    • - The Standard for Determining the Crime of Insult
    • - The Elements and Level of Punishment of the Crime of Insult

1. Client Implicated in a Crime of Insult Through Abusive Language

So that the client implicated in the crime of insult through abusive language could receive a non-referral decision, the criminal specialist attorney ascertained the circumstances of the insult complaint through an in-depth consultation.

The Story of the Client Who Came to the Criminal Attorney

The client who came to the criminal attorney had been reported for workplace harassment on the ground of having made insulting remarks to a workplace colleague, A.


In addition, A also filed a criminal complaint, placing the client at risk of internal disciplinary action and criminal punishment.


According to A's assertion, the client had continuously made insulting remarks such as "Can you not get by without alcohol?" and “Who eats while working?”

The client, however, asserted, "I merely gave advice and made no insulting remarks whatsoever," and came to the criminal attorney in order to mount a legal response to the insult complaint.

Insult through abusive language workplace harassment defamation public nature specificity criminal punishment

2. The Criminal Attorney's Strategy Regarding the Charge of Insult Through Abusive Language

The criminal attorney who handled the case of insult through abusive language ascertained the facts and secured evidence, and defended against criminal punishment as follows.

Attorney's Assistance 1) Denying the Intent to Insult

A asserted that the client had insulted A on several occasions with remarks such as "Can you not get by without alcohol?"


In response, through consultation with the client, the criminal attorney organized the facts and explained that the remark had been advice offered out of concern for A's health.

In addition, some of the remarks that A took issue with were at the level of pointing out the basic manners and courtesy to be observed in an office space where many employees work.


Accordingly, the criminal attorney argued that the client had no intent to insult A and that the conduct did not satisfy the elements of the crime of insult.

Attorney's Assistance 2. Securing Statements From Those Nearby

To confirm the facts, the criminal attorney secured statements from the workplace colleagues who had heard the client's remarks on the scene.


As a result, the attorney was able to establish that, contrary to A's assertion, there were no circumstances whatsoever from which it could be found that the client had used insulting expressions.


Accordingly, the criminal attorney emphasized that the client's remarks had all been closer to advice intended to help A adjust to the work, and that it was unreasonable to take them as a one-sided insult.

Attorney's Assistance 3. Rebutting the Objectivity of the Internal Disciplinary Disposition

Next, the criminal attorney argued that the internal disciplinary outcome decided as a result of the workplace harassment report could not serve as a basis for the determination in the criminal case.


Moreover, the disciplinary action the client received had been a decision made hastily, without the facts having been accurately confirmed and without a sufficient opportunity to explain.


Accordingly, the attorney made clear that it would be improper to conclude guilt on the basis of a disciplinary record affected by procedural defects.

Attorney's Assistance 4. Pointing Out the Credibility of the Opposing Party's Assertion

Finally, the criminal attorney argued that the client's remarks did not constitute the crime of insult, while at the same time pointing out that A's conduct was a retaliatory response to a personnel outcome.


In fact, when the client left feedback regarding attendance in a work evaluation report, A reported the client for workplace harassment and persistently demanded the deletion of that personnel evaluation.


Accordingly, the criminal attorney pointed out that A's criminal complaint stemmed not from the client's remarks but from dissatisfaction with the personnel outcome, thereby undermining the credibility of the opposing party's assertion.

3. Crime of Insult Through Abusive Language, a Non-Referral Through the Criminal Attorney's Assistance

At the stage of the police investigation, the client in the crime of insult through abusive language case received a 'non-referral (no suspicion of crime)' decision for insufficient evidence and was able to clear the unjust accusation.

On the basis of the written opinion submitted by the criminal attorney, it was accepted that the client's remarks could hardly be regarded as conduct capable of lowering social esteem.

4. Legal Information for the Suspect in a Crime of Insult Through Abusive Language

As can be seen from the case of the client who was subjected to an insult complaint for insult through abusive language, it is common for advice given in good faith to develop into an unexpected criminal case.


However, whether an argument or admonition arising in daily life constitutes the crime of insult can be determined only after comprehensively examining various factors, including the facts and the elements of the offense.

The Standard for Determining the Crime of Insult

The crime of insult is an offense established by publicly insulting a person.

The Supreme Court has ruled on ‘insult’ in the crime of insult as follows.

See Supreme Court Decision 2015Do2229, September 10, 2015, Supreme Court Decision 2019Do7370, August 31, 2022, and others


The crime of insult is an offense whose protected legal interest is "external reputation," meaning the social esteem of a person's dignity as an individual; here, "insult" means expressing an abstract judgment or a contemptuous sentiment capable of harming a person's external reputation, without disclosing any fact. Whether an expression constitutes insult under the crime of insult should not be judged by reference to the other party's subjective feelings or whether the person feels offended upon hearing the expression, that is, whether it harms feelings of honor; rather, it should be judged strictly by reference to whether, in light of the objective circumstances as a whole, such as the relationship between the parties, the circumstances leading to the expression, the manner of expression, and the situation at the time, the expression is capable of harming the other party's external reputation.


According to the precedents, whether the crime of insult is established may vary depending on the case, including the relationship between the parties, the circumstances of the incident, and the manner of expression, so caution is required.

The Elements and Level of Punishment of the Crime of Insult

For the crime of insult to be established, the following three elements must be satisfied.

Public Nature

The remark must be made in a state where an unspecified number of people or several people can become aware of it.

Specificity

The person being insulted must be clearly identified.

Insulting Character

The remark must express an abstract judgment or a contemptuous sentiment capable of lowering the other party's social esteem.


If the charge is established, a person may be subject, under Article 311 of the Criminal Act, to imprisonment or imprisonment without labor of up to one year, or to a fine of up to 2 million won.


In addition, separately from criminal punishment, the victim may claim compensation for emotional harm, which may result in a significant economic impact.


Accordingly, if you are facing a charge related to insult through abusive language, we recommend that you first confirm whether the remark satisfies the legal elements of the offense.

If you find it difficult to determine whether the crime of insult is established, we recommend that you obtain the help of a 🔗criminal specialist attorney and evidence investigation specialist at Daeryun Law Firm.


Daeryun Law Firm helps resolve cases through a One-Firm system in which specialists from each field cooperate.

We will gather evidence capable of countering the opposing party's assertions and, with analysis by specialists in each field, provide a professional strategy for our clients.

Daeryun, the ninth-largest law firm in the Republic of Korea (based on National Tax Service value-added tax filings for 2025), provides tailored legal services.

욕설모욕죄 | 직장 동료에게 모욕죄로 고소 당한 의뢰인, 불송치

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.

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