Busan Attorney Case | Client Involved in Defamation, Non-Prosecution

The account of the client, who held a detailed consultation with a Busan attorney, is as follows.

The client, who had entered into an international marriage, had been spending happy days with his wife.

However, after the two had a serious argument over their lifestyles, the relationship between the couple gradually grew distant.

Unable to bear this, the wife left home before long.

To find his wife, the client posted her photograph, name, and other identifying information on social media.

At the same time, he posted a message to the effect that, "My wife betrayed me and left home. This is a premeditated crime."

A few days later, the client was placed in a very bewildering situation upon receiving notice from the investigative authorities that an investigation was beginning on a charge of 🔗defamation / dissemination of false information.

He reached out to a Busan attorney, seeking to defend against punishment with the assistance of an attorney experienced in handling criminal cases over many years.

The requirements for the establishment of defamation can be broadly divided into three: publicity, specificity, and intent.

Related Precedent

Even where a person conversed one-on-one in a private chat room of a personal blog after being told by the other party that the secret would be kept, that circumstance alone does not mean that the conversation partner has no possibility of disseminating the contents of the conversation to an unspecified or large number of people. Therefore, there is room to recognize publicity, which is a requirement of defamation (Judgment 2007Do8155).

Defamation can be broadly divided into defamation by alleging a fact and defamation by alleging a false fact.

A person who publicly alleges a fact and damages another person's reputation may be punished by imprisonment with or without labor for not more than two years or a fine of not more than five million won.

In addition, a person who publicly alleges a false fact and damages another person's reputation may be punished by imprisonment for not more than five years, suspension of qualifications for not more than ten years, or a fine of not more than ten million won.

The client was in an emotionally unstable state amid conflict with his wife, and was greatly shocked by his wife leaving home.

Posting the message on social media was not done with malicious intent but as an attempt to find his wife.

Accordingly, the attorney emphasized that the client's conduct lacked the intent required for the establishment of defamation.

Disparagement means the act of publicly denigrating a specific person with malicious intent.

The message the client posted did nothing more than describe his personal situation, rather than aiming to criticize his wife.

The attorney emphasized that the message posted on social media was not a specific criticism and that there was no intent to disparage whatsoever.

The client is deeply remorseful for having posted a message of a defamatory nature due to a momentary lapse in judgment.

After posting the message on social media, he recognized that the situation could develop seriously and deleted it immediately.

The attorney emphasized that the client had taken follow-up measures and made efforts to prevent the spread of harm.

The case above was one in which a client booked on a charge of defamation obtained a non-prosecution decision from the prosecution.

In criminal cases, where securing the critical early window at the outset is very important, consulting an attorney for a more systematic response can be helpful.

At Daeryun Law Firm, 🔗criminal attorneys actively assist clients on the basis of extensive practical experience and expertise.

If you are facing difficulties in a situation similar to the case above, please entrust your case to us through a 🔗legal consultation appointment.