Gumi Defamation Attorney | Representation in Settlement for a Client Charged With Defamation of a Workplace Colleague

The client who came to the Gumi defamation attorney stated that they had been criminally charged with defamation against a workplace colleague. The facts of the alleged offense were as follows.

In the ordinary course of work, the client had frequently clashed with Mr. A, an employee from another team.

The Gumi defamation attorney's client, having grown reluctant to work alongside Mr. A, reportedly considered how Mr. A might be led to resign from the company of his own accord.

Although the client had never heard that Mr. A had been speaking ill of them, the client fabricated a nonexistent statement about Mr. A, telling other employees something to the effect that “Mr. A has been badmouthing me,” and thereby spoke ill of Mr. A to other coworkers.

Upon learning of this, Mr. A, who had not in fact spoken ill of the Gumi defamation attorney's client, came to file a criminal complaint against the client, asserting that such false statements had been made to other employees and had thereby damaged his reputation.

Article 307 of the Criminal Act (🔗Defamation)

(1) A person who damages the reputation of another by publicly alleging facts shall be punished by imprisonment with labor for not more than two years, imprisonment without labor, or a fine not exceeding 5 million won.

(2) A person who damages the reputation of another by publicly alleging false facts shall be punished by imprisonment with labor for not more than five years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won.

The Criminal Act provides for the level of punishment for defamation as set out above.

Because the Gumi defamation attorney's client damaged Mr. A's reputation by alleging false facts about him, the client could have been punished by imprisonment for not more than five years or a fine not exceeding 10 million won.

Through close discussion with the client, the Gumi defamation attorney determined an appropriate settlement amount and proceeded with the settlement with the victim, Mr. A.

Mr. A had firmly refused when the client proposed a settlement, but, after hearing from the Gumi defamation attorney, decided to proceed with the settlement.

The Gumi defamation attorney provided the forms for a settlement agreement, a statement of no desire for punishment, and a withdrawal of complaint, and had Mr. A complete them.

Those forms contained a statement that Mr. A had received the settlement payment from the client and had thereby concluded the settlement, and that he would not thereafter take any civil or criminal measures against the client.

The Gumi defamation attorney assists not only with defamation but with the criminal procedures of all types of cases, and, as in this case, also undertakes to handle settlements with victims on a client's behalf.

Where a person is criminally charged with a crime requiring a complaint to prosecute, a settlement with the victim may be necessary. If a party attempts to reach a settlement on their own, the victim may refuse to settle in response to an emotional approach, as occurred with the client in this case.

If, like the Gumi defamation attorney's client, you seek out a defamation attorney at Daeryun Law Firm and request that a settlement be handled on your behalf, we will devise a reasonable response strategy and work to reach a settlement.

If you are experiencing difficulty in reaching a settlement with a victim, please feel free to contact 🔗Gumi Law Firm Daeryun and entrust your case to us.