Case Handled by the Ulsan Law Firm | Ulsan Law Firm Collaborates With the Digital Forensics Center to Collect Evidence of Malicious Comments

The Ulsan Law Firm conducted a thorough consultation with the client and identified the precise circumstances of the case.

The client operated a large online shopping mall in Ulsan. The client produced promotional videos and sold products through various online media.

As the number of followers on the shopping mall account increased rapidly, many malicious comments were also posted on the content.

Hundreds of comments were posted on videos in which the client personally appeared, and comments were increasing in real time, making them difficult to manage.

For these reasons, the client visited the Daeryun Ulsan Law Firm in order to collect online evidence regarding the malicious comments and to file a defamation complaint.

The Ulsan Law Firm summarized the range of penalties for defamation arising from malicious comments and explained them to the client.

Network Act (Information and Communications Network Act)

▶ Article 70 (Penal Provisions)
(1) A person who, with the intent to defame another, publicly discloses a fact through an information and communications network and thereby damages another person's reputation shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.

(2) A person who, with the intent to defame another, publicly discloses a false fact through an information and communications network and thereby damages another person's reputation shall be punished by imprisonment for not more than seven years, suspension of qualifications for not more than ten years, or a fine not exceeding 50 million won.

(3) The crimes under paragraphs (1) and (2) may not be prosecuted against the explicitly expressed will of the victim.

Criminal Act (Penal Code)

▶ Article 307 (Defamation)
(1) A person who damages the reputation of another by publicly alleging a fact shall be punished by imprisonment or imprisonment without labor for not more than two years or by a fine not exceeding 5 million won.

(2) A person who damages the reputation of another by publicly alleging a false fact shall be punished by imprisonment for not more than five years, suspension of qualifications for not more than ten years, or a fine not exceeding 10 million won.

The Ulsan Law Firm requested online evidence collection from the Daeryun Digital Forensics Center, analyzed the malicious comments, and proceeded with the defamation litigation.

The Daeryun Digital Forensics Center collected hundreds of comments posted on the shopping mall account and on the promotional videos uploaded online.

Upon analyzing the collected comments, it was found that a few specific accounts had been repeatedly posting malicious comments.

Based on this, the Daeryun Ulsan attorney submitted a criminal complaint that organized the content of the malicious comments, the dates of posting, and the account identifiers.

The Ulsan Law Firm submitted a criminal complaint based on the collected evidence.

The complaint set out that the client had suffered emotional distress as a result of the malicious comments posted on the shopping mall's promotional videos.

It emphasized that the client had been attending a psychiatric clinic for insomnia, that the symptoms had not improved, that the client therefore underwent an examination, that the client was diagnosed with depression, and that the client is currently taking related medication.

The Daeryun Ulsan attorney argued that the client's reputation had been damaged by the malicious comments on the shopping mall videos and that those who had caused the client emotional distress should be punished.