CONTENTS
- 1. The Client Who Visited the Changwon Law Office
- 2. Changwon Law Office: Assistance in Responding to the Charges
- - Changwon Law Office: Rebuttal to the Defamation Charge
- - Changwon Law Office: Rebuttal to the Interference with Business Charge
- 3. Result of the Changwon Law Office's Assistance: A Successful No-Prosecution Decision
1. The Client Who Visited the Changwon Law Office
The client, who requested help from the Changwon law office, had been charged with defamation, among other offenses.
The client stated that the charge was deeply unjust.
The Changwon law office assessed the client's situation in detail.
The complainant was an employee of the client's company and had worked alongside the client for more than two years.
Recently, the client learned that, at a company the complainant had established after resigning, the complainant was operating the business in a manner similar to the client's company.
In response, the client posted a comment on the complainant's company promotional post reading, “A company started by an employee who worked at xx for more than two years and copied the system exactly.”
The complainant then filed a complaint against the client for defamation and interference with business.
Defamation and Interference with Business Explained by the Changwon Law Office
As in the case of this client, 🔗online defamation is the act of, for the purpose of disparaging another person, publicly alleging facts or false facts through an information and communications network and thereby harming that person's reputation. It refers to "defamation committed in cyberspace."
According to case law, "online defamation" is recognized when someone, in order to disparage a person, posts factual or false content on the internet where many people can view it and thereby harms that person's reputation.
Under the "Information and Communications Network Act," a person who, in order to disparage another person, posts factual or false content on the internet where many people can view it and thereby harms that person's reputation may be subject to criminal punishment.
Where factual content is posted, the offender is subject to imprisonment with labor for up to three years or a fine of up to 30 million won, and where false content is posted, the offender is subject to imprisonment with labor for up to seven years, suspension of qualifications for up to ten years, or a fine of up to 50 million won.
🔗Interference with business is a crime established when a person interferes with another's business, and interfering with another person's commercial activity or business is subject to criminal punishment. Interfering with business by spreading false facts also constitutes this crime.
2. Changwon Law Office: Assistance in Responding to the Charges
The Changwon law office rebutted the complainant's arguments and responded to the charges.
Changwon Law Office: Rebuttal to the Defamation Charge
The Changwon law office argued that, because the complainant was using the client company's sales and marketing methods in a similar manner and causing confusion among consumers, the comment was written for that reason.
The term ‘public interest’ includes not only matters concerning the interests of the state, society, and the general public at large, but also matters concerning the interests and concerns of a particular social group or its members. (See Supreme Court Decision 2001Do3594, October 9, 2001.)
Changwon Law Office: Rebuttal to the Interference with Business Charge
The Changwon law office argued that the client had not realized this constituted interference with business.
This was because the client had believed the writing was prepared for the public interest.
The Changwon law office emphasized that, unless defamation was established, the interference with business premised upon it was likewise not established.
3. Result of the Changwon Law Office's Assistance: A Successful No-Prosecution Decision
With the help of the Changwon law office, the client received a no prosecution decision and was able to conclude the case at the prosecutorial investigation stage.
If, like the client, one becomes unintentionally implicated in an allegation, the circumstances that can persuade the investigative agency must be proven through legally sound evidence.
At Daeryun LLC, the attorney in charge provides a defense strategy tailored to the case at each stage, including consultation, the preparation of written submissions, and oral argument at trial, and works diligently to protect the client's rights and interests.
If you are looking for a law office in the Changwon area, please visit Daeryun LLC 🔗Changwon Law Office.
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.
