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ed4444
Joined: 12 Oct 2004
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 Posted: Tue Aug 13, 2013 11:51 pm Post subject: How to initiate a criminal defamation case |
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My friend just got canned suddenly from his job at an international school.
After getting fired, representatives from the school made accusations that he broke laws to a large group of parents at an open meeting.
He has since disproved the allegations in court and now he wants to follow up with a defamation case.
Does anyone have any experience of this or how to go about it? |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Aug 14, 2013 1:27 am Post subject: |
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| What does he hope to gain? Waegukin notoriety? |
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ed4444
Joined: 12 Oct 2004
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| Posted: Wed Aug 14, 2013 1:35 am Post subject: |
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| YTMND wrote: |
| What does he hope to gain? Waegukin notoriety? |
Thats a good question. I suppose he wants to clear his name as the previous court ruling didn't force a retraction. Perhaps he also wants to pursue the criminal case first followed by a Civil one for damages. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Aug 14, 2013 1:47 am Post subject: |
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| ed4444 wrote: |
| YTMND wrote: |
| What does he hope to gain? Waegukin notoriety? |
Thats a good question. I suppose he wants to clear his name as the previous court ruling didn't force a retraction. Perhaps he also wants to pursue the criminal case first followed by a Civil one for damages. |
If he hasn't been stopped from gaining employment elsewhere, then he hasn't lost much. I would consider this a victory and he would be better off informing us of who he fought to disprove allegations. There is no need to strangle the opponent here. Just let them know we are watching.
Can he get a new job? |
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Juregen
Joined: 30 May 2006
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| Posted: Wed Aug 14, 2013 1:56 am Post subject: Re: How to initiate a criminal defamation case |
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| ed4444 wrote: |
My friend just got canned suddenly from his job at an international school.
After getting fired, representatives from the school made accusations that he broke laws to a large group of parents at an open meeting.
He has since disproved the allegations in court and now he wants to follow up with a defamation case.
Does anyone have any experience of this or how to go about it? |
You need physical proof. hearsay doesn't do anything.
The process is straightforward.
The police will check your proof, and consider whether it is enough to start an investigation. They will ask you to come in another 2 or 3 times to make sure you are still going through with it. They also want to check you are not doing it for financial gain.
The whole process will take about 6 months. |
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Wildbore
Joined: 17 Jun 2009
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| Posted: Wed Aug 14, 2013 2:22 am Post subject: Re: How to initiate a criminal defamation case |
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| Juregen wrote: |
| ed4444 wrote: |
My friend just got canned suddenly from his job at an international school.
After getting fired, representatives from the school made accusations that he broke laws to a large group of parents at an open meeting.
He has since disproved the allegations in court and now he wants to follow up with a defamation case.
Does anyone have any experience of this or how to go about it? |
You need physical proof. hearsay doesn't do anything.
The process is straightforward.
The police will check your proof, and consider whether it is enough to start an investigation. They will ask you to come in another 2 or 3 times to make sure you are still going through with it. They also want to check you are not doing it for financial gain.
The whole process will take about 6 months. |
A westerner should have the balls to take a bit of slandering without crying to the government. We aren't Koreans... and don't want to be like them. |
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ed4444
Joined: 12 Oct 2004
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| Posted: Wed Aug 14, 2013 2:24 am Post subject: Re: How to initiate a criminal defamation case |
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| Juregen wrote: |
You need physical proof. hearsay doesn't do anything.
The process is straightforward.
The police will check your proof, and consider whether it is enough to start an investigation. They will ask you to come in another 2 or 3 times to make sure you are still going through with it. They also want to check you are not doing it for financial gain.
The whole process will take about 6 months. |
There is an audio recording of the meeting and minutes. I'm sure that would be enough.
Would it be advisable to bring a lawyer in with them to the police? |
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ed4444
Joined: 12 Oct 2004
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| Posted: Wed Aug 14, 2013 2:27 am Post subject: Re: How to initiate a criminal defamation case |
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| Wildbore wrote: |
A westerner should have the balls to take a bit of slandering without crying to the government. We aren't Koreans... and don't want to be like them. |
I think you might find that "westerners" are quite a bit more litigious than Koreans in this area already. However, in most countries it is a civil rather than a criminal offence. |
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transmogrifier
Joined: 02 Jan 2012
Location: Seoul, South Korea
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| Posted: Wed Aug 14, 2013 2:33 am Post subject: Re: How to initiate a criminal defamation case |
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| Wildbore wrote: |
| Juregen wrote: |
| ed4444 wrote: |
My friend just got canned suddenly from his job at an international school.
After getting fired, representatives from the school made accusations that he broke laws to a large group of parents at an open meeting.
He has since disproved the allegations in court and now he wants to follow up with a defamation case.
Does anyone have any experience of this or how to go about it? |
You need physical proof. hearsay doesn't do anything.
The process is straightforward.
The police will check your proof, and consider whether it is enough to start an investigation. They will ask you to come in another 2 or 3 times to make sure you are still going through with it. They also want to check you are not doing it for financial gain.
The whole process will take about 6 months. |
A westerner should have the balls to take a bit of slandering without crying to the government. We aren't Koreans... and don't want to be like them. |
I totally disagree; as teachers, our reputation is hugely important, and if crappy schools can go around slandering us safe in the knowledge that the worst that will happen is that the teacher will be cleared by the police, what else can we do but try to nail them to the wall to dissuade others? |
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ed4444
Joined: 12 Oct 2004
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| Posted: Wed Aug 14, 2013 5:46 pm Post subject: |
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| YTMND wrote: |
If he hasn't been stopped from gaining employment elsewhere, then he hasn't lost much. I would consider this a victory and he would be better off informing us of who he fought to disprove allegations. There is no need to strangle the opponent here. Just let them know we are watching.
Can he get a new job? |
Sadly, if I mention their name, I am opening myself up to being sued for defamation myself. |
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fromafar
Joined: 15 Oct 2008
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ed4444
Joined: 12 Oct 2004
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| Posted: Wed Aug 14, 2013 6:18 pm Post subject: |
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That looks useful. Thanks very much. I will join up and take a look. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Aug 14, 2013 7:04 pm Post subject: |
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| ed4444 wrote: |
| YTMND wrote: |
If he hasn't been stopped from gaining employment elsewhere, then he hasn't lost much. I would consider this a victory and he would be better off informing us of who he fought to disprove allegations. There is no need to strangle the opponent here. Just let them know we are watching.
Can he get a new job? |
Sadly, if I mention their name, I am opening myself up to being sued for defamation myself. |
If that is true then you would be saying false things about them. Saying true things is not defamation. You don't have to make any conclusions, you don't have to say they are a "bad" person.
You can simply report what they said and I am sure the judgment is in the public domain, you can post it online. People can come to their own conclusions based on the evidence you present.
Last edited by YTMND on Wed Aug 14, 2013 7:09 pm; edited 1 time in total |
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ed4444
Joined: 12 Oct 2004
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| Posted: Wed Aug 14, 2013 7:08 pm Post subject: |
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| YTMND wrote: |
If that is true then you would be saying false things about them. Saying true things is not defamation. |
The laws in Korea are not the same as in your home country. Its very important to remember that before making a big mistake.
http://www.korea4expats.com/article-defamationr-laws-korea.html |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Aug 14, 2013 7:10 pm Post subject: |
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| ed4444 wrote: |
| YTMND wrote: |
If that is true then you would be saying false things about them. Saying true things is not defamation. |
The laws in Korea are not the same as in your home country. Its very important to remember that before making a big mistake.
http://www.korea4expats.com/article-defamationr-laws-korea.html |
Stop threatening teachers from exposing bad schools. The examples they gave showed false information being passed on. The title says one thing, but the facts from that site show nothing about true statements being punishable.
I have named and shamed bad schools I worked at. No one has done anything to challenge me on it cause I presented the facts.
That site you are referencing is appealing to people's emotions, it's not actually referencing Korean law. Saying Korean law and law in our home country are different doesn't prove you can't report true statements about someone.
Last edited by YTMND on Wed Aug 14, 2013 7:16 pm; edited 1 time in total |
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