What Is False Accusation?
Article 156 of the Korean Criminal Act defines false accusation as follows.
Anyone who, with intent to have another person subjected to criminal or disciplinary punishment, files a false report with a public office or public official shall be punished by imprisonment for up to 10 years or a criminal fine of up to KRW 15 million. <Amended on Dec. 29, 1995>
When False Accusation Becomes Established
False accusation is established the moment a false report reaches the investigative authorities.
In other words, even if you later withdraw the report, the offense still stands
Likewise, the offense is established even if no investigation was ever launched.
Confession in False Accusation Cases
Articles 153 and 157 of the Korean Criminal Act govern the treatment of a confession as follows
Where a person who has committed perjury or false accusation confesses or voluntarily surrenders before the trial or disciplinary proceedings concerning the matter stated have become final, the punishment shall be mitigated or remitted.
That said, in false accusation cases, merely acknowledging that the content reported was contrary to the objective facts is not recognized as a confession.
In other words, for a confession in a false accusation case to be recognized, it must clearly establish that there was an intent to have another person subjected to criminal or disciplinary punishment.
Falsely Accusing Yourself
Under the Criminal Act, false accusation is established only when another person is falsely accused.
However, if a third party files a false report against the person to be accused at that person's instigation or with their assistance, the third party meets the elements of false accusation, and in that case the person to be accused is also punished as an aider and abettor of false accusation.
There are various other scenarios as well.
A false accusation made with the consent of the person accused does establish the offense
Where one accomplice falsely accuses another accomplice, the offense is not established
Where one accomplice falsely accuses another accomplice while adding facts that constitute a separate, independent basis for criminal punishment, the offense may be established
As you can see, false accusation may or may not be established depending on the circumstances.
For this reason, we recommend consulting an expert on any matter involving false accusation.
Types of False Accusation
False accusation can take countless forms depending on the kind of criminal punishment the accuser sought to bring upon another person, and among them, the type that draws the most attention is sex crimes.
What Is False Accusation in Sex Crimes?
Sex crimes as defined under the Criminal Act are as follows
Article 297 of the Korean Criminal Act (Rape) Anyone who rapes another person through violence or intimidation shall be punished by fixed-term imprisonment of at least 3 years.
Article 298 of the Korean Criminal Act (Indecent Assault) Anyone who commits an indecent act against another person through violence or intimidation shall be punished by imprisonment for up to 10 years or a criminal fine of up to KRW 15 million.
Article 14 of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Filming Using Cameras and Similar Devices)
(1) Anyone who, using a camera or other device with similar functions, films another person's body in a way capable of arousing sexual desire or causing sexual humiliation, against the will of the person filmed, shall be punished by imprisonment for up to 7 years or a criminal fine of up to KRW 50 million.
In other words, to have false accusation recognized in a sex crime case, you must first prove that there was no wrongdoing in the underlying sex crime.
The Difficulty of Proving False Accusation in Sex Crimes
A defining feature of sex crimes is that they take place between the victim and the perpetrator alone, in a private setting, which means that, even without clear evidence, an investigation can proceed and charges can be recognized based solely on the victim's consistent testimony.
Moreover, even where a no-suspicion disposition has been issued on the sex crime, false accusation requires proof of an intent to have the person subjected to criminal and disciplinary punishment, and establishing that intent is no easy task.
The Procedure for False Accusation in Sex Crimes
First and foremost, you must prove not merely that there is no suspicion that the sex crime occurred, but that the sex crime did not occur.
In many cases, receiving a no-suspicion disposition on a sex crime means that the accused's testimony was more detailed and consistent than the complainant's and aligned with the objective circumstantial evidence.
In other words, it means that, because the complainant's testimony lacked credibility, the sex crime could not be confirmed, not that it has been proven the sex crime never took place.
In addition, you must prove that the complainant knew the facts were false and acted with the intent to have the accused subjected to criminal and disciplinary punishment.
This is extremely difficult unless there is clear evidence or the complainant testifies to it directly.
On top of that, even if the accused does not file a complaint for false accusation, if the prosecutor or investigator hands down a decision not to indict or not to refer the case, a review for false accusation must be conducted as a matter of course.
In other words, when false accusation is suspected, the investigative authorities have a duty to look into it, and because identifying and prosecuting a false accusation through their own initiative significantly boosts their record, they pursue such investigations aggressively.
If you file a false accusation complaint in a sex crime case before the no-suspicion disposition on the sex crime is issued, it may be taken as a failure to show remorse and could work against you in the sex crime judgment.
For this reason, we hope you will make your decision only after consulting an expert, so that you can clear your name of any injustice.
