If I file a defamation complaint, will the perpetrator be punished?

Defamation can be punished under the Criminal Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection (the Network Act).

In particular, as in the situation you described, if it was carried out through an information and communications network, such as YouTube, online communities, or SNS, it constitutes 'online defamation.'

However, for online defamation to be established, there must be publicity, an intent to defame, and the assertion of a fact or a false fact.

Here, the intent to defame means whether there was an intention to disparage a specific person (you), rather than a mere opinion.

It is also good to know that a defamation complaint can be pursued even where the content is true rather than false.

As described above, if all the elements of the crime are satisfied and the perpetrator's charge is recognized, the perpetrator can be punished through a defamation complaint.

In this case, for defamation by assertion of fact, imprisonment of up to three years or a fine of up to 30 million won is imposed (Article 70 of the Network Act).

By contrast, for defamation by assertion of a false fact, imprisonment of up to seven years, suspension of qualifications for up to ten years, or a fine of up to 50 million won is imposed.

Ultimately, mere criticism or the expression of an opinion is difficult to regard as defamation, but spreading false facts or making personal-attack remarks carries a high possibility of criminal punishment.

Therefore, if the defamatory posts you suffered identify a specific person, assert a fact or a false fact, and contain content that damages your reputation, the perpetrator can be punished through a defamation complaint.