What is defamation by statement of fact?
Can you really be punished for defamation even when what you said is true? Yes. You can be punished for defamation by statement of fact. Defamation by statement of fact refers to harm to someone's reputation caused by stating a fact. Stating a fact means lowering the social standing of the victim, and defamation is established when all three of the following elements are present: publicity (a state where many people can become aware of the statement), the statement of a fact, and intent. Whether it is defamation by statement of fact or defamation by statement of a false fact, for the offense of defamation to be established, the act must involve stating a specific fact sufficient to lower a person's reputation, carried out with the intent to damage another person's honor.
Defamation by statement of a false fact
Defamation by statement of a false fact refers to a case where someone harms another person's reputation by stating a false fact. In the case of defamation by statement of a false fact, the offender knew and was aware that the content was untrue yet spread it falsely to damage the other party's reputation, so it can carry a heavier penalty than defamation by statement of fact.
Penalty for defamation
Article 307, Paragraph 1 of the Korean Criminal Act provides that a person who damages another person's reputation by publicly stating a fact shall be punished by imprisonment or imprisonment without prison labor for up to two years, or by a criminal fine of up to KRW 5 million. In addition, a person who damages another person's reputation by publicly stating a false fact shall be punished by imprisonment for up to five years, suspension of qualifications for up to ten years, or a criminal fine of up to KRW 10 million.
Why you need a lawyer in cases of defamation by statement of fact
Although defamation by statement of fact carries a lower penalty standard than defamation by statement of a false fact, it is still an unlawful act punishable under the law. Therefore, if you are under suspicion of the offense of defamation by statement of fact, you should respond by obtaining active legal assistance from a criminal defense attorney.
