CONTENTS
- 1. How the Client Came to the Gunsan Law Firm
- - What Prompted the Request for Assistance
- - Statutes Relevant to the Case
- 2. The Gunsan Law Firm's Assistance
- - Argument That the Client Did Not Spread False Rumors
- - Argument That the Investigation for Determining the Case Was Insufficient
- 3. Decision Not to Commence a Hearing Through the Gunsan Law Firm's Assistance
- - If You Need Assistance
1. How the Client Came to the Gunsan Law Firm
The client received a disposition from the school violence committee on the ground of alleged school violence against the other party and was the subject of a criminal complaint for defamation. The client requested the assistance of a Gunsan attorney. The Gunsan attorney collaborated with attorneys nationwide to assist the client.
What Prompted the Request for Assistance
The client was a minor and visited together with a guardian.
The client and the other party were friends attending the same school.
They quarreled frequently, their relationship gradually deteriorated, and both sides filed school violence complaints against each other.
The client was then the subject of a criminal complaint for defamation on the ground of having allegedly spread false rumors about the other party, and the client's guardian requested the assistance of the Gunsan Law Firm.
Statutes Relevant to the Case
The Gunsan Law Firm explained the 🔗criminal complaint for school violence and the crime of defamation.
A criminal complaint for school violence may be handled by the juvenile division under the jurisdiction of the family court following a police investigation, and if the matter is serious, it is handled as an ordinary criminal case.
■ Article 307 (Defamation)
(1) A person who defames another by publicly alleging a fact is punishable by imprisonment with labor or imprisonment without labor for not more than two years or by a fine not exceeding five million won.
(2) A person who defames another by publicly alleging a false fact is punishable by imprisonment with labor for not more than five years, suspension of qualifications for not more than ten years, or a fine not exceeding ten million won.
※ Juvenile Protection Proceedings
1. Receipt
Juvenile protection proceedings begin upon referral or report.
2. Investigation
After a juvenile protection case is received, it is divided into an investigation stage and a hearing stage.
3. Temporary Measures and Decision on Whether to Commence a Hearing
If the juvenile division judge considers a hearing necessary based on the investigator's report and other materials, the judge commences the hearing; if the judge considers a hearing unnecessary, the judge issues a decision not to commence a hearing.
4. Hearing Date
If a decision to commence a hearing is issued, a hearing date is set, the juvenile and the guardian are summoned, and the hearing is held.
5. Disposition Decision
After the hearing, the judge issues one of the following: a non-disposition decision, referral to the prosecutor, or a juvenile protective disposition decision.
*The specifics may vary depending on individual circumstances, so for a careful review, consulting an attorney through a 🔗legal consultation can be helpful.
2. The Gunsan Law Firm's Assistance
After conducting a careful consultation with the client, the Gunsan attorney made the following arguments.
Argument That the Client Did Not Spread False Rumors
The client never spread false rumors about the other party.
The Gunsan Law Firm argued that the other party had instead falsely reported that the client spread false rumors.
Argument That the Investigation for Determining the Case Was Insufficient
The Gunsan Law Firm noted that, although the case should have been carefully investigated to establish the facts, the investigation had not been properly conducted.
The firm emphasized that there was a need to investigate the actual facts through a sufficient examination of the evidence.
3. Decision Not to Commence a Hearing Through the Gunsan Law Firm's Assistance
With the assistance of the Gunsan attorney, the client was able to obtain a decision not to commence a hearing on the defamation charge.
If You Need Assistance
The client was the subject of a school violence complaint and requested the assistance of a Gunsan attorney in order to respond to it.
With the assistance of the Gunsan attorney, the client was able to obtain a decision not to commence a hearing on the defamation charge.
Even if a disposition for school violence is issued by the school violence committee, a different result may be reached in the criminal complaint.
The Gunsan attorney conducts in-person meetings and real-time video conferences with attorneys located throughout the country to develop client-tailored solutions.
If you are in a situation such as the one described above, you may request the assistance of a 🔗Gunsan attorney at any time.
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.
