Legal Q&A
Q
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Hello. I am an influencer with about 100,000 followers on Instagram. For a while now, there has been a person who keeps leaving insulting comments unrelated to me on my Instagram. I want to file a cyber defamation complaint against this person, and I would be grateful if you could tell me what punishment they would receive if I report them.
Cyber defamation complaint
Cyber defamation
Cyber defamation punishment
Answer
Published:
Author : Byung Joon KOH
You have asked about a cyber defamation complaint. First, since you are going through something like this, I imagine you must be under a great deal of stress, so I would like to first offer you words of comfort.
If you damage another's reputation by stating a fact through social media or the internet, you may be punished by imprisonment for up to 3 years or a fine of up to 30 million won.
If you damage another's reputation by spreading false information, you will receive an even more severe punishment.
In this case, the offender is punished by imprisonment for up to 7 years, suspension of qualifications for up to 10 years, or a fine of up to 50 million won.
For such a cyber defamation complaint, the following requirements must be met.
1. The post must be written with the purpose of slandering a person
2. An information and communications network, such as the internet or social media, must have been used
3. The content of the insult must be specific enough to undermine another person's social reputation
If these requirements are met, a cyber defamation complaint is possible.
Defamation allows not only a criminal complaint but also a claim for damages through a civil lawsuit.
In this case, since a process of proving the harm is necessary, I recommend that you prepare with the assistance of a defamation attorney.

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Byung Joon KOH
T. 070-5221-2805
Extensive experience handling large-scale corporate and white-collar crime cases · Attorney specializing in corporate/construction/labor/digital forensics law

MinOu JO
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Technical Examiner at the Seoul Central District Court Experience as an Examiner at the Korean Intellectual Property Office
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