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Deals & Cases

Insult

Ansan Attorney Assistance Case | Representing a Victim in a Criminal Complaint Against a Workplace Verbal Abuser Resulting in Punishment

The client had been suffering from a supervisor's continuous insults at work. Finding the resulting emotional distress difficult to bear, the client came to an Ansan attorney to file a complaint for insult.

CONTENTS
  • 1. How the Client Came to an Ansan Attorney
    • - The Account of the Client Who Met With an Ansan Attorney
    • - Knowledge Relevant to the Case Provided by an Ansan Attorney
  • 2. The Ansan Attorney's Assistance
    • - The Ansan Attorney's Argument ① The Humiliation Felt by the Client
    • - The Ansan Attorney's Argument ② Recognition as Workplace Harassment
  • 3. The Result of the Ansan Attorney's Assistance: "Fine"

1. How the Client Came to an Ansan Attorney

Ansan Attorney



The client was going through a difficult time at work, suffering continuous cursing and verbal abuse from a newly assigned supervisor.


The client decided to pursue a criminal complaint to seek punishment for the insult arising from the perpetrator's verbal abuse, and came to the Ansan office to obtain legal assistance.

The Account of the Client Who Met With an Ansan Attorney

The client is an ordinary office worker. The client explained that he had recently begun working one-on-one with a newly assigned supervisor.


At first, the client tried to adapt to the supervisor's way of working, but because their work styles had differed up to that point, there were areas where they did not align.


The supervisor then hurled severe cursing and verbal abuse at the client, not hesitating to make personal attacks unrelated to work and even insults about the client's family.


Deeply shocked and feeling humiliated, the client came to an Ansan attorney to file a criminal complaint against the perpetrator and seek punishment.

Knowledge Relevant to the Case Provided by an Ansan Attorney

If you have been insulted as the client was, the perpetrator may be criminally punished under the offense of 🔗insult.

As with defamation, insult requires that a person be insulted publicly, and cursing at another person can constitute the offense of insult.


Because the standard for what amounts to an insult is not clear, factors such as an abstract assessment taking into account court precedents and social evaluation, and whether contemptuous sentiment was expressed, affect whether the offense of insult is established.


Precedents on insult are highly varied, and the scope recognized differs from court to court, so it can be helpful to seek specific advice from a criminal attorney about your own case.


The statutes relating to punishment for insult are as follows.

Criminal Act Article 311 Insult
A person may be punished by imprisonment or imprisonment without labor for not more than one year, or by a fine not exceeding two million won.

2. The Ansan Attorney's Assistance

The attorney comprehensively investigated the harm the client had suffered and the circumstances at the time of the incident, and assisted with the case of representing the client in the complaint for insult.

The Ansan Attorney's Argument ① The Humiliation Felt by the Client

The client explained that he felt tremendous humiliation as he was publicly subjected to cursing and verbal abuse at work.


The attorney emphasized that the perpetrator had expressed contemptuous sentiment capable of lowering the client's social evaluation.

The Ansan Attorney's Argument ② Recognition as Workplace Harassment

The client reported the verbal abuse and cursing within the workplace, it was recognized as workplace harassment, and a personnel transfer had already been completed.


The attorney emphasized that the insult the client suffered had already been recognized as contemptuous in nature within the workplace itself.

3. The Result of the Ansan Attorney's Assistance: "Fine"

This was a case in which the firm represented the client in a criminal complaint for the cursing and verbal abuse suffered at work.

The court accepted the Ansan attorney's arguments and ruled, "The defendant is sentenced to a fine. If the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 100,000 won (one hundred thousand won) into one day."

If You Wish to File a Criminal Complaint for Insult

Insult is an offense that frequently occurs when a dispute arises during a conversation between people.


In particular, because insult is a crime requiring a complaint to prosecute, it is important whether the victim has settled with and forgiven the perpetrator regarding the insult.


If the complaint is withdrawn after a settlement with the victim, the criminal proceedings may be concluded, so a settlement can be important, and the assistance of counsel who can respond appropriately is needed for this.


Daeryun Law Firm has attorneys with extensive experience in criminal matters, including insult and defamation, who develop strategic responses tailored to the client's case.


If you need a consultation regarding insult, you may schedule a 🔗legal consultation at any time.

안산변호사

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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