What is the level of punishment for defamation of a deceased person?

Hello. I am a defamation attorney at Daeryun Law LLC.

You have asked about defamation of a deceased person. You must have been very distressed by what happened to your family member.

Defamation of a deceased person has one important difference from ordinary defamation.

That is, when a true fact is stated, it is not punishable.

Therefore, for defamation of a deceased person to be established, a false fact must be stated.

In addition, defamation of a deceased person can be punished not only in the case of definite intent, but also where the person was aware of and accepted the occurrence of the result, that is, in the case of dolus eventualis.

[Supreme Court Decision 2013Do12430, March 13, 2014]

In other words, if one states a fact knowing it to be false, one can be subject to legal punishment.

A person who publicly states a false fact and thereby defames the honor of a deceased person may be punished by imprisonment with or without labor for up to 2 years or a fine not exceeding 5 million won.

In addition, defamation of a deceased person is a crime requiring a complaint to prosecute.

Simply put, the investigation of the case and punishment can proceed only when there is a complaint by the victim or a person entitled to file a complaint.

If you wish to have the perpetrator punished, you should prepare a complaint and respond accordingly.

If the victim has already died, the spouse, lineal relatives, and siblings may file a complaint on their behalf.

Because defamation of a deceased person is a crime that occurs when the victim has already died, the means of collecting valid evidence for the case are limited.

Therefore, we recommend that you prepare by obtaining legal advice from a defamation attorney with extensive experience in such cases.