Crime of Insult Through Abusive Language | Client Charged With Insult by a Workplace Colleague, Non-Referral

The client who came to the criminal attorney had been reported for workplace harassment on the ground of having made insulting remarks to a workplace colleague, A.

In addition, A also filed a criminal complaint, placing the client at risk of internal disciplinary action and criminal punishment.

According to A's assertion, the client had continuously made insulting remarks such as "Can you not get by without alcohol?" and “Who eats while working?”

The client, however, asserted, "I merely gave advice and made no insulting remarks whatsoever," and came to the criminal attorney in order to mount a legal response to the insult complaint.

A asserted that the client had insulted A on several occasions with remarks such as "Can you not get by without alcohol?"

In response, through consultation with the client, the criminal attorney organized the facts and explained that the remark had been advice offered out of concern for A's health.

In addition, some of the remarks that A took issue with were at the level of pointing out the basic manners and courtesy to be observed in an office space where many employees work.

Accordingly, the criminal attorney argued that the client had no intent to insult A and that the conduct did not satisfy the elements of the crime of insult.

To confirm the facts, the criminal attorney secured statements from the workplace colleagues who had heard the client's remarks on the scene.

As a result, the attorney was able to establish that, contrary to A's assertion, there were no circumstances whatsoever from which it could be found that the client had used insulting expressions.

Accordingly, the criminal attorney emphasized that the client's remarks had all been closer to advice intended to help A adjust to the work, and that it was unreasonable to take them as a one-sided insult.

Next, the criminal attorney argued that the internal disciplinary outcome decided as a result of the workplace harassment report could not serve as a basis for the determination in the criminal case.

Moreover, the disciplinary action the client received had been a decision made hastily, without the facts having been accurately confirmed and without a sufficient opportunity to explain.

Accordingly, the attorney made clear that it would be improper to conclude guilt on the basis of a disciplinary record affected by procedural defects.

Finally, the criminal attorney argued that the client's remarks did not constitute the crime of insult, while at the same time pointing out that A's conduct was a retaliatory response to a personnel outcome.

In fact, when the client left feedback regarding attendance in a work evaluation report, A reported the client for workplace harassment and persistently demanded the deletion of that personnel evaluation.

Accordingly, the criminal attorney pointed out that A's criminal complaint stemmed not from the client's remarks but from dissatisfaction with the personnel outcome, thereby undermining the credibility of the opposing party's assertion.

The crime of insult is an offense established by publicly insulting a person.

The Supreme Court has ruled on ‘insult’ in the crime of insult as follows.

See Supreme Court Decision 2015Do2229, September 10, 2015, Supreme Court Decision 2019Do7370, August 31, 2022, and others

According to the precedents, whether the crime of insult is established may vary depending on the case, including the relationship between the parties, the circumstances of the incident, and the manner of expression, so caution is required.

For the crime of insult to be established, the following three elements must be satisfied.

If the charge is established, a person may be subject, under Article 311 of the Criminal Act, to imprisonment or imprisonment without labor of up to one year, or to a fine of up to 2 million won.

In addition, separately from criminal punishment, the victim may claim compensation for emotional harm, which may result in a significant economic impact.

Accordingly, if you are facing a charge related to insult through abusive language, we recommend that you first confirm whether the remark satisfies the legal elements of the offense.

If you find it difficult to determine whether the crime of insult is established, we recommend that you obtain the help of a 🔗criminal specialist attorney and evidence investigation specialist at Daeryun Law Firm.

Daeryun Law Firm helps resolve cases through a One-Firm system in which specialists from each field cooperate.

We will gather evidence capable of countering the opposing party's assertions and, with analysis by specialists in each field, provide a professional strategy for our clients.

Daeryun, the ninth-largest law firm in the Republic of Korea (based on National Tax Service value-added tax filings for 2025), provides tailored legal services.