CONTENTS
- 1. The Client's Situation
- - The Background of the Visit to the Incheon Law Office
- 2. The Law Relevant to the Case as Explained by the Incheon Law Office
- 3. Assistance From the Incheon Law Office
- - Incheon Law Office Argument ① Psychological Abuse
- - Incheon Law Office Argument ② No Intent to Interfere With Business
- - Incheon Law Office Argument ③ Similar Cases
- 4. The Police Decision on the Incheon Law Office's Argument
- - If You Need the Assistance of the Incheon Law Office
1. The Client's Situation
The client, seeking to have a careful consultation at the law office and find a solution, consulted a criminal attorney at the Incheon office and explained the background of the case.
The Background of the Visit to the Incheon Law Office
The account of the client, who had a careful consultation at the Incheon law office, is as follows.
The client, a university student, sought a part-time job to earn living expenses.
On the first day the client reported to work after agreeing to take the job, the client was subjected to all manner of abuse and verbal abuse from the owner of the restaurant.
Unable to bear it, the client decided to quit the job that same day and left the restaurant.
Wishing that others would not suffer the same harm, the client posted a message on an information and communications network.
The restaurant owner, who learned of this, filed a criminal complaint against the client for 🔗defamation/spreading false information on the basis that no such thing had ever happened, asserting the statement of false facts.
Having received a request to appear from the police, the client came to the Incheon law office in order to respond thoroughly at the early stage of the case and succeed in defending against punishment.
2. The Law Relevant to the Case as Explained by the Incheon Law Office
The allegation against the client who sought help from the Incheon law office is defamation/spreading false information.
Defamation refers to the act of damaging a person's reputation by publicly alleging a specific fact or a false fact.
If this charge is established, a person may be punished under the following provision.
Article 307 (Defamation)
(1) A person who damages the reputation of another by publicly alleging a fact shall be punished by imprisonment or imprisonment without labor for not more than 2 years or by a fine not exceeding 5 million won.
(2) A person who damages the reputation of another by publicly alleging a false fact shall be punished by imprisonment for not more than 5 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won.
Elements of the Crime of Defamation
1) Publicity: that the matter can be recognized by an unspecified number of people
2) Specificity: whether the person can be inferred and identified from the content
3) Purpose of disparagement: whether there is intent as to the criminal act
※ Statute of limitations for prosecution
A statute of limitations for prosecution of 5 years applies to defamation by alleging a fact, and 7 years applies to the allegation of a false fact.
3. Assistance From the Incheon Law Office
The Incheon Law Office formed a task force of three to twenty members with experience handling numerous defamation cases, analyzed the matter, established a suitable strategy, and responded in a systematic manner.
Key Issues
1. Was the client's conduct carried out for a purpose serving the public interest?
2. Is the client's account credible?
Incheon Law Office Argument ① Psychological Abuse
On the client's first day at work, the client was repeatedly subjected to verbal abuse and psychological abuse by the restaurant owner.
The restaurant owner made excessive demands of the client and treated the client unreasonably, and the client suffered greatly as a result.
The attorney emphasized that the client decided to leave the job and walk out in order to escape this situation.
Incheon Law Office Argument ② No Intent to Interfere With Business
Regarding the unfair treatment the client experienced at the restaurant, the client posted an account online so that others would not suffer the same harm.
The attorney emphasized that the client's conduct was not motivated simply by personal grievance or an intent to interfere with business, but served a purpose in the public interest.
Incheon Law Office Argument ③ Similar Cases
The abuse the client experienced was not the first such incident, and acquaintances of the client had also had similar experiences.
These acquaintances had received the same unfair treatment at the same restaurant, and there had been several instances of harm.
The attorney emphasized that these cases support the conclusion that the client's post was not a mere false statement, but reported a problem that had actually occurred.
4. The Police Decision on the Incheon Law Office's Argument
The police accepted the Incheon Law Office's argument and issued a decision of non-referral (no suspicion of crime).
The client expressed deep gratitude, saying that the attorney had relieved the client's worries and concerns.
If You Need the Assistance of the Incheon Law Office
Cases involving defamation and the spread of false information require thorough preparation in securing and proving evidence, so consulting an attorney experienced in this area can be helpful.
It can be helpful to proceed with the matter together with a 🔗criminal defense attorney who can accurately determine how to develop testimony favorably and how to establish a defense strategy against punishment.
At Daeryun, criminal defense attorneys experienced in handling numerous criminal cases offer solutions from multiple angles and actively assist clients.
If you need the assistance of an attorney in a situation similar to the case above, please reach out to the Incheon Law Office 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.
