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Being libeled. Can I sue?
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madowlspeaks



Joined: 07 Dec 2006
Location: Somewhere in time and space

PostPosted: Wed Aug 15, 2012 4:31 am    Post subject: Being libeled. Can I sue? Reply with quote

Does any one have any info about Korea's libel laws? There is a bit of a situation I have no idea how to handle. Here is the scoop. Three weeks ago, I was driving in my neighborhood going through an intersection, when a car blasted through a 4 way intersection and attempted to make a left turn (onto the road where I was exiting) He should have been yielding but instead blocked my car and tried
to squeeze around. Neither of us could then move. It hard to explain the situation, but I would have had to have driven up on the sidewalk for him to get by. I refused. The driver got angry and started making motions for me to move my car so he could pass. I still refused. So, he got out of his car and lit a cigarette, all cocky and arrogant. At this point, if I wanted to pass around the side I could not because he was blocking my car, standing in front of it smoking a cigarette. So I rolled down my window, he came around the side, I yelled in English and spat on the ground, disgusted by his behavior. (Yes, I know, a dumb move but I was livid and this jerk was wasting my time being a dick) . He got enraged and ripped my rain protector off the car. I drove around up the road, scared. He chased my car and ran in front of it again. So, he blocked my car again and started writing my phone number down from my car window (which I have since removed-it is too easy for psychos to get info) Eventually, he let me drive away. I went home, livid and shaken. Two minutes later, the psycho is calling. So, my hubby answers the phone and talks to him. I ear my hubby saying "I'm sorry." (WTF why is he apologizing he hasn't even heard MY story yet!?) Apparently the guy was asking to meet and trying to find me. Said he was going to hunt every hakwon in town to find me. For what? To do what? I have no idea. At that point he already had my kids' picture from Kakao talk (he got my phone number from my car) so I got scared. Alot was lost in translation, but my hubby agreed we should let the situation pass. In my opinion, this guy scared and bullied him, just like he bullied me. So my hubby insisted to let the situation pass. This all happened 30 minutes before my teaching day. I had to choose to go to the police station and make a report and (and thereby lose hundreds of won because of this dick) or let it pass. So decided to bite the bullet and let it pass. This was not an easy decision (nor a smart decision now, in retrospect.)Fast forward to three weeks later. My Korean friend calls me and asks me if something happened in the neighborhood. I said yes. It turns out the guys wife is trying to find out who I am. The title of her post is �What a crazy situation-do you know this girl?� She is looking for me and looking to spread �her side of the story� on the neighborhood cyber cafe. She described the situation falsely, making ME look like a bad person. She described my car and what I look like. Some other moms on the cafe pinpointed me (not so many blonde foreigners driving my kind of car where I live) and disclosed where I live, and that they see me at 'such and such' playground with my kids. Now the crazy SOB knows where I live. That's not all. The moms who said they see my at the playground said (on the forum thread) that I am a bad mom because I don't pick up my kids up from the ground when they fall. (My youngest son tantrums 20 times a day and throws himself on the ground constantly and often I don't pick him up) She also says I yell at my kids and say "Are you crazy??" which I did do one day when my son picked up a maggot ridden soda can and tried to drink from it. (There are more posts where they attack me as a mom) Now, in addition to them hunting me, the post has turned into an attack on my reputation as a person, and a mother. Saying if I am such a bad mom then I must be an even worse person. What, in the good Lords name, should I do?? I am not perfect but am in no way the witch she is making me out to be on the interent. This is bloody craziness. The woman is also stating she has that black box video thing and has it all on tape (which would help, in my case I think) I tried joining the caf�, but I can�t because I am foreign and my ID won�t work. My hubby can�t join either as no men are allowed. My Korean friend urged me to respond on the internet, but I don�t want to play into this sick crap. My intuition is just go to the police. I live in a small town/village so I am easilly noticable. I feel vulnerable, pissed and wronged, as I was nice to enough brush off her husbands behaviour, only to have it backfire. What should/can I do? I'd love to sue the pants of her as she is obviously trying to destroy my reputation. Thoughts?


Last edited by madowlspeaks on Thu Aug 23, 2012 1:22 pm; edited 10 times in total
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crescent



Joined: 15 Jan 2003
Location: yes.

PostPosted: Wed Aug 15, 2012 4:53 am    Post subject: Reply with quote

Ah Korea.....
You should have called the police when he vandalized your car. A video of the incident would have been smart, too.

You could go to the police about the slander, but that will end up in court and you'll no doubt need a lawyer.


Last edited by crescent on Wed Aug 15, 2012 4:57 am; edited 1 time in total
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hwarangi



Joined: 17 Nov 2008

PostPosted: Wed Aug 15, 2012 4:56 am    Post subject: Reply with quote

Just posting to say I'm really sorry this happened to you.

Sorry for a lack of details, but I do remember that the Korean Police have a cyber crimes unit.

Perhaps you could call one of the Seoul Global Centers and get a number for an English-speaking police liaison?
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madowlspeaks



Joined: 07 Dec 2006
Location: Somewhere in time and space

PostPosted: Wed Aug 15, 2012 4:57 am    Post subject: Reply with quote

crescent wrote:
Ah Korea.....
You should have called the police when he vandalized your car.


I did call when I got home. I did not have my phone at the time so the only thing I could do during the situation was sit in my car with the doors locked.

I called emergency services as soon as I got home and NO ONE there spoke English so I hung up. 20 MINUTES later someone called me back asking if I had called.
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crescent



Joined: 15 Jan 2003
Location: yes.

PostPosted: Wed Aug 15, 2012 4:58 am    Post subject: Reply with quote

madowlspeaks wrote:
spoke English so I hung up. 20 MINUTES later someone called me back asking if I had called.

So why didn't you report it then?

You could go to the police about the slander, but that will end up in court and you'll no doubt need a lawyer.
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madowlspeaks



Joined: 07 Dec 2006
Location: Somewhere in time and space

PostPosted: Wed Aug 15, 2012 5:02 am    Post subject: Reply with quote

crescent wrote:
madowlspeaks wrote:
spoke English so I hung up. 20 MINUTES later someone called me back asking if I had called.

So why didn't you report it then?

You could go to the police about the slander, but that will end up in court and you'll no doubt need a lawyer.


I didnt report it because I had NO TIME to go to the police. Seriously, I was working back to back classes that week and couldn't afford to lose the money plus my husband urged me to let it ride.
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madowlspeaks



Joined: 07 Dec 2006
Location: Somewhere in time and space

PostPosted: Wed Aug 15, 2012 5:03 am    Post subject: Reply with quote

crescent wrote:
madowlspeaks wrote:
spoke English so I hung up. 20 MINUTES later someone called me back asking if I had called.

So why didn't you report it then?

You could go to the police about the slander, but that will end up in court and you'll no doubt need a lawyer.



How much would a lawyer cost? I'd am more than willing to pay to see justice to this.
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Dodge7



Joined: 21 Oct 2011

PostPosted: Wed Aug 15, 2012 5:05 am    Post subject: Reply with quote

That's sad, OP. Don't let it go. Go after them on the internet slandering you. Fight fire with fire. Evil or Very Mad
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viciousdinosaur



Joined: 30 Apr 2012

PostPosted: Wed Aug 15, 2012 5:10 am    Post subject: Reply with quote

Before a lawyer, it seems you need a translator more than anything.

Get a translator and then make a trip to the police station and find out if you have anything here.
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Wed Aug 15, 2012 5:28 am    Post subject: Reply with quote

First and foremost, be sure to keep your kids close to you. Don't take any extra chances right now.

Secondly, before you do anything with the cops or a lawyer, you and your spouse need to get on the same page. If you're not, this will be all that much tougher for you.
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crescent



Joined: 15 Jan 2003
Location: yes.

PostPosted: Wed Aug 15, 2012 5:34 am    Post subject: Reply with quote

madowlspeaks wrote:
crescent wrote:
madowlspeaks wrote:
spoke English so I hung up. 20 MINUTES later someone called me back asking if I had called.

So why didn't you report it then?

You could go to the police about the slander, but that will end up in court and you'll no doubt need a lawyer.



How much would a lawyer cost? I'd am more than willing to pay to see justice to this.

I wouldn't know that. As someone suggested above, contact the Seoul Global Center if you are located in that area.
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coralreefer_1



Joined: 19 Jan 2009

PostPosted: Wed Aug 15, 2012 6:54 am    Post subject: Reply with quote

Just out of curiosity...although the comments made on the forum are rather crappy...why is it an issue for you?

I mean, were you previously considered an upstanding citizen of the neighborhood, but because of these comments you lost some position that hurts you materially? I am certainly no expert on Korean laws, but the burden would be on you to prove how this libel hurt you..and unlike in western countries where such things as "stress" and "emotional distress" are enough to justify such things, without any material/financial damage to you and especially being a foreigner, you would likely not prevail in any such action.


My guess is that average Korean mothers in the neighborhood were not exactly overly-friendly bringing over cookies and inviting you to their homes for play time/dinners before the incident. (although I very well could be wrong)...so although I agree it is a sad situation and rather petty on the part of the other parties involved, are you really damaged enough by the issue to warrant the time/expense/headache of possibly hiring a lawyer and fighting a legal battle?

Unless for some reason you lose your job, or otherwise vandals begin keying your car or some other such nonsense..any farther action on your part will likely be WAY more costly in regards to filing slander/libel charges.
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Juregen



Joined: 30 May 2006

PostPosted: Wed Aug 15, 2012 6:58 am    Post subject: Reply with quote

you need to collect indisputable proof of the threats made.

Without proof you have nothing.

I did 2 libel criminal suits, one worked, other didn't, simply based on the amount of proof I brought to bear.
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Juregen



Joined: 30 May 2006

PostPosted: Wed Aug 15, 2012 6:59 am    Post subject: Reply with quote

madowlspeaks wrote:
crescent wrote:
madowlspeaks wrote:
spoke English so I hung up. 20 MINUTES later someone called me back asking if I had called.

So why didn't you report it then?

You could go to the police about the slander, but that will end up in court and you'll no doubt need a lawyer.



How much would a lawyer cost? I'd am more than willing to pay to see justice to this.


When filling for criminal charges, there are no legal fee's to be paid.

This only is required for civil suits.
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Seoulman69



Joined: 14 Dec 2009

PostPosted: Wed Aug 15, 2012 7:54 am    Post subject: Reply with quote

What I find most worrying is your husband's reaction. I think creating an online rebuttal in Korean would be most effective. Good luck to you.
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