Protecting your Brand, Business & Reputation from Defamation in Korea

We, at IPG Legal, have clients with the need to defend their brands, business, and reputation in Korea from sometimes less than mentally stable individuals, trolls, and social media “warriors.” In some cases, the defaming party resides or resided in Korea and the defamatory information is decimated in non-Korean media channels and in others the defaming party is a Korean national engaged in defamation outside of the Republic of Korea (Korean law applies to Korean nationals, in most cases, for actions gloablly).

We have, also, defended a few expat journalists and companies from defamation actions filed against these journalists and companies by, mainly, Korean conglomerates.

Korean Defamation Law: Protecting your Brands, Business & Reputation from Defamation in Korea

Korean defamation law is governed by both civil and criminal statutes. The defamation and like laws in Korea are more stringent than some other countries in the OECD. For example, defamation in Korea can result in both criminal prosecution and civil liability and even factually true statements may be violations of the criminal and civil laws of Korea. Defendants have been sentenced and served lengthy jail sentences for actions that, for example, are unable to be criminally or civilly punished in the United States.

Criminal Defamation in Korea

Korean Criminal Act Article 307 is the main article of Korean Criminal law that governs Korea’s criminal defamation. A defendant may be held criminally liable for defamation if they publicly allege facts that damage another person’s reputation. Truth is not an absolute defense to the crime. A true statement can be punishable if the court finds that it was not made, in short, “for the public interest.” The “public interest” defense is codified in Article 310 of the Korean Criminal Act.

Criminal defamation in Korea is punishable by up to five years of imprisonment or a fine (for false statements) and up to two years and a fine (for true statement). For printed defamation under Article 309 of Korean Criminal Act punisment is up to seven years in prison or a fine (false printed statements) and up to three years in prison or a fine (true printed statement)

For expats being found guilty, even if they do no serve time in prison, deportation or an entry ban is likely.

Civil Defamation in Korea

In civil defamation damage cases in Korea, a plaintiff has the burden to establish that the alleged defamatory statement of the defendant harmed the reputation of the plaintiff, that it was made publicly, and that there was at least negligence or an intent to harm the plaintiff by the defamation. Again, the truth is not an absolute defense to civil defamation in Korea.

The Korean Court has the power to order the defendant to provide monetary compensation to the plaintiff and also take “suitable” measures. These measures, with some constitutional limits, may include ordering the defendant to appologize or publish a retraction.

Korean courts and the Korean Supreme Court shall consider factors such as truthfulness of the statement, the intent of the defendant in making the defamatory statement, and whether the statement served the public interest in determination if a defendant shall be found liable and what amount of damages shall be awarded to the defendant.

Additionally, online defamation can be punished under the Information and Communication Network Act of Korea. The Korean government has been agressive in fighting cyberbullying, slander, defamation and other online defamation-like acts that were perpetrated online.

We advise all companies or individuals looking to protect their brands, company or reputaiton from a cyberbully, troll, social medial warrior or mentally unstable person to contact IPG Legal and schedule a call with Sean Hayes. We have worked with PR companies to mimimize damage and have successfully assisted companies in the removal of reputationally harmful online information.

Sean Hayes is the first non-Korean attorney to have worked for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty. Sean is ranked, for Korea, as one of only a few non-Korean lawyers as a Top Attorney by AsiaLaw,  IPG Legal is consistently ranked a Top Dispute Resolution Law Firm for our litigation, arbitration, and mediation services, and IPG Legal is consistently rated a top-tier law firm in corporate law, litigation, arbitration, franchise law, distribution law, estate law, family law, employment & labor law, and criminal defense.

To schedule a call with Sean Hayes, please Schedule a Call Here.