Deals & Cases
Gangnam Criminal Attorney | Client Accused of Defamation Obtains a Non-Referral Decision
This case, introduced as a Gangnam criminal attorney work example, concerns a client who was accused of defamation under the Network Act but, with Daeryun's assistance, obtained a non-referral decision for insufficient evidence.
1. The Client Who Sought a Gangnam Criminal Attorney
The client was accused of defamation by the owner of the part-time business where the client had worked.
The client therefore requested assistance from a Gangnam criminal attorney in order to exercise a full right of defense from the early stage of the case.
The Circumstances of the Client's Case as Identified by the Gangnam Criminal Attorney
The client, who was a student, began a part-time job near the school during the vacation to earn pocket money.
However, from the very first day of work the client was subjected to disrespect and verbal abuse by the owner and quit.
Hoping that no other person would become a victim like the client, the client posted a review of the workplace on a local online community for the public benefit.
The complainant, who saw the post, accused the client of writing an exaggerated post for the purpose of disparaging the business, causing harm to the business and to the complainant, and of defaming the complainant by stating false facts through an information and communications network for the purpose of disparaging the owner and the business.
2. Defamation Penalties Explained by the Gangnam Criminal Attorney

🔗Punishment for Defamation Let us look at the level of punishment.
▶ Network Act Article 70 (Penal Provisions)
| ① A person who, for the purpose of disparaging another, openly states facts through an information and communications network and defames another shall be punished by imprisonment with labor for not more than three years or a fine not exceeding 30 million won. |
| ② A person who, for the purpose of disparaging another, openly states false facts through an information and communications network and defames another shall be punished by imprisonment with labor 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 offenses under paragraphs (1) and (2) may not be prosecuted against the clearly expressed will of the victim. |
▶ Criminal Act Article 307 (Defamation)
| ① A person who openly states facts and defames another shall be punished by imprisonment with labor or imprisonment without labor for not more than two years or a fine not exceeding 5 million won. |
| ② A person who openly states false facts and defames another shall be punished by imprisonment with labor for not more than five years, suspension of qualifications for not more than ten years, or a fine not exceeding 10 million won. |
In addition, defamation in violation of the Network Act carries a heavier punishment than defamation under the Criminal Act.
If the stated facts are true, the punishment is imprisonment with labor or imprisonment without labor for not more than two years or a fine not exceeding 5 million won; if the stated facts are false, it is imprisonment with labor for not more than five years, suspension of qualifications for not more than ten years, or a fine not exceeding 10 million won.
As this shows, in a defamation case the severity of the punishment may vary depending on whether the stated facts are false and on which statute is violated, so it is necessary to mount an active defense with the assistance of an attorney.
3. Assistance Provided by the Gangnam Criminal Attorney
The Gangnam criminal attorney mounted a prompt response in order to resolve the client's grievance.
Assistance 1. Full Denial of the Facts Alleged by the Complainant Through the Statement of a Part-Time Worker at the Business
The complainant claimed that customers who had visited the business also saw the post and murmured that they had formed a negative impression of the business.
The Gangnam criminal attorney therefore closely investigated the situation at the business that the complainant had alleged.
In addition, through close cooperation with Daeryun Law Firm's own evidence examination and digital forensics group, key evidence for resolving the case was systematically secured.
The business's CCTV was collected, and the statement of a part-time worker who had been at the complainant's business at the time was obtained.
Contrary to the complainant's claim, the part-time worker who had been at the complainant's business stated that he or she had heard nothing about the business at the time of the incident.
Assistance 2. Argument That the Post the Client Left on the Online Community Was a Simple Review
Because the client had posted on an online community that many people could view, publicity was established, which could have placed the client at a disadvantage.
Defamation is an offense that punishes conduct defaming another person's reputation, and it is set out in Article 307 of the Criminal Act and Article 70 of the Network Act.
For defamation to be committed, publicity must be established.
In defamation, publicity means that the defamatory content must be communicated to an unspecified number of people.
The criteria for recognizing publicity (the possibility of dissemination) are as follows.
1) Speaking in a public place or posting on the internet
2) Even where a statement is made to a single unspecified person, where there is a possibility that the content will spread to a wider scope
The Gangnam criminal attorney therefore provided assistance aimed at proving that there had been no intent, one of the elements of defamation.
Intent means deliberately presenting a particular fact in order to damage another person's social standing.
The Gangnam criminal attorney strongly argued that the post the client left on the online community was a simple review and that there was no intent whatsoever to damage anyone's reputation.
The attorney strongly argued that the post had been written with the intent of sharing the client's own part-time work experience, that there had been no purpose of disparagement that would damage the reputation of the business, and that it had been written for the public benefit as a reference for those applying for part-time work.
4. Through the Gangnam Criminal Attorney's Assistance, a Non-Referral Decision for Insufficient Evidence at the Police Stage
To prevent the client's criminal punishment, the Gangnam criminal attorney argued that the client had merely written down impressions based in good faith on the client's own work experience, and that there was no basis whatsoever to find that the review had been written with the intent of damaging the reputation of the business.
The police accepted the Gangnam criminal attorney's argument and issued a non-referral decision of no suspicion of crime for insufficient evidence.
A non-referral decision means that the police will not refer the case to the prosecution because there is no suspicion regarding the alleged facts or because no crime is established.
Until the investigative authority of the prosecution and the police was adjusted, the principle was that the police would refer every case to the prosecution regardless of whether suspicion existed.
However, with the amendment of the Criminal Procedure Act, the police may conduct their own investigation and decide whether to refer or not refer a case.
In the past, a non-prosecution disposition could be obtained only after the judgment of both the police and the prosecution, but now some cases can be concluded through a non-referral decision based on the police's judgment alone.
With the Gangnam criminal attorney's assistance, the client obtained a non-referral decision at the police investigation stage and was able to bring about a swift conclusion of the case.
Daeryun Law Firm understands the importance of an early response, and criminal attorneys with extensive experience in criminal cases assist clients.
If you need to respond to a case such as the one above, we recommend that you obtain the assistance of a Gangnam criminal attorney.

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.
Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection (Defamation): Want a faster, more detailed consultation?
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