Defamation Attorney Assistance Case | Non-Referral for a Client Charged with Defamation

The following is the story of a client who came to a defamation attorney.

The client, who had been in a workplace romance, broke up with the other party after witnessing the other party communicating with another person of the opposite sex.

The client later said, at a drinking gathering with other colleagues, that the relationship had ended because the trust between them had broken down.

Upon learning of this, the other party filed a criminal complaint against the client for defamation, claiming that the client had spread false facts about the other party, such as infidelity.

However, this was not true, and the client felt wronged.

He therefore came to a defamation attorney and requested help in order to receive legal assistance and defend against punishment.

One of the principal elements for establishing the crime of defamation is “publicity,” but this is not established only when directed at an unspecified large number of people.

What is publicity?

Accordingly, even if a fact is disseminated to a single individual, the requirement of publicity is satisfied if there is a possibility of it being spread to an unspecified or large number of people.

Conversely, however, publicity may not be established with respect to people who belong to a specially limited scope rather than an unspecified large number, such as close friends, relatives, or business partners.

Therefore, in order to clearly determine the establishment of the crime of defamation, it is advisable to seek advice from an attorney to closely grasp the case and conduct an appropriate legal review.

The client had merely said, at a drinking gathering with colleagues, that he and a former partner broke up because they lost trust.

He did not say at all that the other party had committed infidelity or adultery.

The attorney collected statements from people around them that the police had not secured, submitted them as evidence, and emphasized that there was no statement of false facts at all.

The client discussed matters related to the incident only at a private gathering for drinks with close, longtime work colleagues.

There was a Supreme Court precedent holding that, where the likelihood of dissemination to an unspecified number of people is low when the relationships of the participants in such a conversation are considered as a whole, the element of ‘publicity’ is not recognized.

Based on this precedent and these legal principles, the attorney argued that it was difficult to apply the charge of defamation to the client.

In addition, the client merely said that he was upset that the relationship had ended in a breakup after trust with the other party was broken, and did not make any expressions insulting the other party or damaging the other party's reputation.

Therefore, it was also difficult to find that the social evaluation of the other party had been damaged by the client's remarks.

The attorney secured additional statements from people around them that could prove this, submitted them as evidence, and argued that the client's charges were not established.

This was a case in which a client who had been sued for defamation by a former romantic partner safely obtained a non-referral decision with the help of an attorney.

Likewise, when implicated in the crime of defamation, it is important to closely determine the elements of the crime based on specialized knowledge of the legal principles and to prepare an appropriate response.

At Daeryun Law Firm, attorneys with extensive professional experience in criminal cases, including the crime of defamation, provide evidence collection, defense strategies, and investigation response suited to the client's situation.

If you find yourself in a similar situation, please feel free to seek help at any time through a 🔗legal consultation appointment.