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pmwhittier
Joined: 03 Nov 2011
Location: Korea
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 Posted: Sat Jul 20, 2013 4:51 am Post subject: Questions about slander laws |
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I am looking for some details about slander laws in Korea. Let's say I have a friend that, for moral reasons, is looking to warn people about a situation they may be currently involved in. I have advised them to keep quiet until I find out more information.
What can a person actually say about their experience before getting into legal trouble?
Skippy and Ttom feel free to lay some wisdom upon me. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Sat Jul 20, 2013 5:47 am Post subject: Re: Questions about slander laws |
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| pmwhittier wrote: |
I am looking for some details about slander laws in Korea. Let's say I have a friend that, for moral reasons, is looking to warn people about a situation they may be currently involved in. I have advised them to keep quiet until I find out more information.
What can a person actually say about their experience before getting into legal trouble?
Skippy and Ttom feel free to lay some wisdom upon me. |
Wow, I feel special.
No experience my self but what I have gathered.
First off here is the basic Korean Criminal Act.
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CHAPTER XXXIII CRIMES AGAINST REPUTATION
Article 307 (Defamation)
(1) A person who defames another by publicly alleging facts shall be punished by imprisonment or imprisonment without prison labor for not more than two years or by a fine not exceeding five million won. <Amended by Act No. 5057, Dec. 29, 1995>
(2) A person who defames another by publicly alleging false facts shall be punished by imprisonment for not more than five years, suspension of qualifications for not more than ten years, or a fine not exceeding ten million won. <Amended by Act No. 5057, Dec. 29, 1995>
Article 308 (Defamation of Dead Person)
A person who defames a dead person by publicly alleging false facts shall be punished by imprisonment without prison labor for not more than two years or by a fine not exceeding five million won. <Amended by Act No. 5057, Dec. 29, 1995>
Article 309 (Defamation through Printed Materials)
(1) A person who commits the crime of Article 307 (1), by means of newspaper, magazine, radio, or other publication with intent to defame another, shall be punished by imprisonment or imprisonment without prison labor for not more than three years or by a fine not exceeding seven million won. <Amended by Act No. 5057, Dec. 29, 1995>
(2) A person who commits the crime of Article 307 (2), by the method described in paragraph (1), shall be punished by imprisonment for not more than seven years or suspension of qualifications for not more than ten years, or a fine not exceeding fifteen million won. <Amended by Act No. 5057, Dec. 29, 1995>
Article 310 (Justification)
If the facts alleged under Article 307 (1) are true and solely for the public interest, the act shall not be punishable.
Article 311 (Insult)
A person who publicly insults another shall be punished by imprisonment or imprisonment without prison labor for not more than one year or by a fine not exceeding two million won. <Amended by Act No. 5057, Dec. 29, 1995>
Article 312 (Complaint)
(1) The crimes of Articles 308 through 311 shall be prosecuted only upon complaint. <Amended by Act No. 5057, Dec. 29, 1995>
(2) The crimes of Articles 307 through 309 shall not be prosecuted over the express objection of the victim. <Amended by Act No. 5057, Dec. 29, 1995> |
How to interpret these laws in context with real life is the question and it still confuses me a bit.
Points of advice.
1. Beware of the words of my father. "Bullshit Baffles Brains". Hagwon owner gets pissy about exteacher posting something on Facebook. Owner starts threatening police and lawsuits. They say things like it is against the law and they will sue. Sometimes it is all bluster. Yet, the person being threatened because of confusion and BS starts to panic. In the panic they might just fall prey to hagwon owners demands.
First calm down and wait. Wait and see if it is all just words or is the person is going to proceed with something. Because sometimes proceeding takes time, money and skill. Some people just do not make the effort to proceed past threats.
2. Distance and Time. Some teacher wants to post something on a blacklist. Yet because of timing, they are found out. So if a person is wanting to post, recommend is wait a spell. Enough time that if things do go bad there is enough time that the person threatening can not really say who it is or just might not be notice. Same with distance it is much easier to threaten and that if the person is close by. Nothing like another city or country to make things harder.
3. Evidence. Really in this day and age of Internet, I am amazed at what people publish with True details. Say something bad of a school on Facebook and congratulations you just hurt yourself. The school has proof and with details on who is doing it. Proof makes things easier to prosecute. So careful what you post and how visible it is. Use a handle. More then just Internet, care on what you other evidence. Emails, pictures, videos, etc. Do not let things lead back to you. Go with personal messages, phone calls, and that.
4. Hard being on the bottom rung. As being an expat or foreigner your social status is much lower then most Koreans. So when things start to get serious, most often the public will go with the same tribe. You could be in the right, but things can just keep getting worse because you are the outsider. I still think of the photographer/blogger from Metropolitician. His word and of two Korean women witnesses were less valued then the word of a drunk Korean homeless man.
More later.
Last edited by Skippy on Sat Jul 20, 2013 11:14 pm; edited 1 time in total |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sat Jul 20, 2013 8:22 pm Post subject: |
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| pretty much covered... |
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pmwhittier
Joined: 03 Nov 2011
Location: Korea
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| Posted: Sat Jul 20, 2013 8:27 pm Post subject: |
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| Thanks guys. It's too bad that people can't speak freely about bad experiences here (Korea) in order to warn others for fear of legal action. |
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