Deals & Cases

Defamation
DefamationNon-referral (police)

Busan Defamation Attorney | With a Defamation Attorney's Assistance, a Non-Referral Decision Was Reached on a Defamation Charge

The client who sought out the Busan defamation attorney had been accused of defamation for writing a post containing false statements, and the client sought out a defamation attorney at the Busan branch office.

1. How the Client Came to Seek Out the Busan Defamation Attorney

The client who sought out the Busan defamation attorney was running an online shopping mall and was accused of defamation and interference with business by a counterpart working in the same industry.

To respond to this, the client came to a defamation attorney at the Busan office.

The Client Who Requested the Defamation Attorney's Assistance

Busan Defamation Attorney

The client who requested the Busan defamation attorney's assistance is a sole proprietor who runs an online shopping mall.

The victim in this case was a business operator who sold luxury goods to customers through overseas direct purchases.

The client posted a message on his own shopping mall website stating, “There is a company selling imported products by passing them off as domestic products. After-sales service is not available for these, so you should be careful.”

Upon discovering this, the victim accused the client of defamation and interference with business.

To respond to this, the client came to the Busan defamation attorney and requested assistance.

Case-Related Statutes Explained by the Defamation Attorney

■ Article 44 (Protection of Rights on Information and Communications Networks)

① A user shall not distribute on an information and communications network information that infringes on the rights of others, such as an invasion of privacy or defamation.

② An information and communications service provider shall make efforts to ensure that information under Paragraph 1 is not distributed on the information and communications network it operates and manages.

③ The Korea Communications Commission may establish measures concerning technology development, education, publicity, and the like to prevent invasions of privacy, defamation, and other infringements on the rights of others caused by information distributed on information and communications networks, and it may recommend such measures to information and communications service providers.

■ Article 70 (Penalty Provisions)

① A person who defames another by publicly disclosing facts through an information and communications network with the intent to disparage that person shall be punished by imprisonment of up to 3 years or a fine of up to 30 million won.

② A person who defames another by publicly disclosing false facts through an information and communications network with the intent to disparage that person shall be punished by imprisonment of up to 7 years, suspension of qualifications for up to 10 years, or a fine of up to 50 million won.

③ The crimes under Paragraphs 1 and 2 cannot be prosecuted against the explicitly expressed will of the victim.

2. The Busan Defamation Attorney's Assistance

To defend against punishment, the Busan defamation attorney conducted a thorough consultation with the client and personally accompanied the client to every part of the investigation, actively assisting throughout.

Defamation Attorney Argued That the Victim's Company Was Not Identifiable

The suspect did not post the message on the victim company's site.

Because he posted it on his own company's site, it is difficult to identify which company was being referred to.

The attorney also emphasized that there were many companies with names similar to the victim's, so that an ordinary person could not identify which company was meant.

Defamation Attorney Argued That the Posting Was the Provision of Information for the Public Interest

Sellers have a duty to clearly convey product information to consumers, and at the very least they must not lead customers to be confused about important matters.

The suspect merely provided customers with the information that, even at a higher price, they should purchase products for which official after-sales service is available.

The attorney emphasized that this amounted to nothing more than the provision of information for the public interest, enabling customers to make accurate judgments.

3. With the Busan Defamation Attorney's Assistance, the Result Was “Non-Referral”

The police, accepting the Busan defamation attorney's opinion, reached a non-referral decision on the client's charge.

Defamation Attorney Successfully Defended Against Punishment

The case above was the account of a client who had been accused of defamation somewhat unfairly.

With the assistance of the Busan defamation attorney, the client concluded the case with a non-referral decision.

At Daeryun Law Firm, attorneys who have handled various criminal cases and accumulated substantial know-how work to guide each client's case in a favorable direction.

If, as in the case above, you have been accused somewhat unfairly and need legal help, you may request the assistance of a Daeryun Law Firm Busan defamation attorney.

부산명예훼손변호사

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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