Definition of Defamation in Korea

Supreme Court Decision 97Da19038 delivered on February 27, 1998 【Damages】 Translation of Official Court Summary  a. When a media, such as broadcast etc, defames one by presenting fact, the action has no illegality when the alleged fact is related to a public matter, the presentation is intended solely for the public interest, and the alleged fact is proved to be true. In addition, even when the alleged fact is not proved to be true, but the presenter believes that the

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Korea Enforcing Laws: Seoul Police Arrests Union Leader

The head of the Ssangyong Motors union has been arrested and detained by the Seoul Metropolitan Police Department for setting up tents for union protestors in the front of a heavily touristed downtime palace.  The arrest was obtained via a court detention warrant. The Seoul City, during past demonstrations, has been crippled by demonstrators hellbent on disrupting the lives of fellow citizens.  Protests have even lead to the burning of police buses and the destruction of other city property.  The

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Korea’s President Lee to Pardon Cronies and “Too Big to Fail” Companies

Once upon a time, end-of-tenure presidential pardons served a useful purpose as reformers tried to correct past wrongs, such human rights violations, which were too politically problematic at those times. And in some cases involving foreigners, pardons could be used to flush jails of non-Korean miscreants to planes heading for their home countries. But over the past decade, this presidential prerogative has been misused to rescue political cronies and executives of “too big to fail” enterprises, without risking ensuing political

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Prostitution at the Korean Constitutional Court

The petition of a 41-year-old alleged prostitute to forward a case on the constitutionality of punishing a prostitute for exchanging sexual favors for money has been accepted by a judge at the Seoul Northern District Court. The Korea Times has reported, in part, that: She was accused of having sex with a man in his 20s at a brothel in Seoul in July. The district court clarified that the judge’s request doesn’t question the part of the law that punishes

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Senior Prosecutor Arrested for Bribery in Korea

Kim Kwang-joon, according to local Korean vernaculars, was arrested on Monday for receiving bribes. The prosecutor is suspected of receiving close to USD 1,000,000 in bribes relating to a pyramid scheme and influence peddling for Eugene Group (Korean conglomerate). This type of case occurs throughout the world, but in Korea the punishment, rarely, fits the crime. Korea must realize that the most serious crimes to the nation are crimes concerning government corruption. These crimes go to the very fabric of

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10 Top Cities in Asia for FDI in 2012- One Korean City on the List

The Financial Times, yearly,  posts on its Financial Intelligence site a ranking of the top 10 destinations in Asia for Foreign Direct Investment.  One Korean city appears on the list, three Chinese cities and four Australian cities along with the usual characters.   1.   Singapore2.   Melbourne3.   Hong Kong4.   Brisbane5.   Sydney6.   Busan7.   Auckland8.   Perth9.   Guangzhou10. Chengdu ________Sean Hayes may be contacted at: SeanHayes@ipglegal.com. Sean Hayes is co-chair of the Korea Practice Team for an international law firm. He is the only

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Finally All Criminal Cases to Be Disclosed to Public in Korea

The Korea Times has reported that all court rulings in criminal cases, starting next year, will be disclosed to the pubic in writing.  Civil cases will, all, be reported starting in 2015.  The Korea Times notes that: All courts here, including the appellate and highest courts, will be obliged to provide access for citizens to the texts of their rulings in all criminal cases via online or offline, the top court said, noting the system will be expanded to civil

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Constitutional Court of Korea Declares Internet Real-Name Online Identification System Unconstitutional

The Korean Constitutional Court, unanimously, declared Clause 5 of Article 44 of the Act on the Promotion of Information and Communication Network Utilization and Protection implemented in 2007 unconstitutional in late August of this year.  This Korean law was passed in reaction to suicides of Korean celebrities.  These celebrities were criticized online for various improprieties and alleged improprieties.  The law required, on certain websites, the logging into the website with one’s national identification number, thus, limiting the ability to speak

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CEO/Chairman of Chaebols Serving Time in Jail in Korea?

Things may be changing in Korea.  The Chairman of Hanwha Group was sentenced by the Seoul Western District Court, today, to a KRW 4 billion fine and four years in jail for misappropriating/embezzling Hanwha Group funds.  Hanwha’s Chairman Seung-youn Kim, a few years back, was convicted of beating a young man with a pipe and threatening the life of other individuals.  The Korean Court System sentenced Kim to no time in jail for that offense and the president, eventually, pardoned

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There Goes the Neighborhood: Samsung “Union” Allowed to Protest in Front Of Samsung Headquarters

The Korea Times has reported that the Administrative Court in Seoul has overturned the decision of the Seoul Metropolitan Police Force to disallow a rally in front of Samsung headquarters.  The rally was to honor the memory of a Samsung Electronics employee who died of leukemia.  Samsung has been accused of using chemicals in their manufacturing processes that are harmful to the health of workers.  Some have claimed that these specific chemicals are not being used in other developed nations.

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