I wrote the truth, so why is it defamation?

“Everything I wrote is true.” This is the first thing people accused of defamation say in the consultation room. It is said with a sense of injustice, but unfortunately that fact alone does not end the case. Korean criminal law punishes the disclosure of true facts as well.

The provision that punishes even the truth

Article 307(1) of the Criminal Act provides that a person who defames another by publicly stating facts is punishable by imprisonment with or without labor for up to two years or a fine of up to 5 million won. There has been debate over whether this provision restricts freedom of expression too much, but the Constitutional Court held it constitutional (Constitutional Court Decision 2017HunMa1113 and others, February 25, 2021).

There is, however, one way out. If the facts are true and solely in the public interest, the act is not punished (Article 310 of the Criminal Act). Reviews written to inform other consumers, and warning posts meant to prevent the same harm, are argued mainly on this point. Whether you wrote only verifiable facts, such as dates, amounts and what was said, and whether personal attacks were mixed in, weigh heavily in the judgment.

When words said to one person can spread

Defamation requires publicity (공연성). The Supreme Court maintains the position that even if you spoke to only one or two people, publicity can be found if they might pass it on to others (Supreme Court en banc Decision 2020Do5813, November 19, 2020). Conversely, if you spoke only to family or to someone in a relationship of confidentiality, the possibility of spreading may be denied.

Another common defense is that you did not use the person's name. Even if you used only initials or a nickname, the victim is treated as identified if people around them can tell who it is by putting together the company name, job title, neighborhood or photos.

For online posts, the issue is intent to slander

Posts on blogs, online communities, social media and review boards are often investigated under Article 70 of the Network Act (정보통신망법). If the facts are true, the penalty is imprisonment of up to three years or a fine of up to 30 million won; if false, imprisonment of up to seven years, suspension of qualifications for up to ten years, or a fine of up to 70 million won. The 70 million won cap on fines for false facts applies to acts committed after the amended provision took effect on January 6, 2026, and the previous standard applies to earlier acts.

This provision punishes only where there is intent to slander. If the main motive for a post was the public interest, the judgment may lean toward denying intent to slander, so why you wrote the post becomes the center of the case.

Under both the Criminal Act and the Network Act, defamation is an offense that cannot be prosecuted against the victim's wishes (반의사불벌죄), so if the victim does not want punishment, no indictment can be filed. Because it is not an offense prosecutable only on complaint (친고죄), the six-month period for filing a complaint does not apply either. If there is a lot of room for dispute, it may be better to argue public interest and identifiability first in a written opinion rather than rushing into a settlement.

If, on the other hand, you are the victim, the order of steps matters. You can explain the infringement to the board operator and request deletion or a temporary measure, and the temporary measure lasts up to 30 days (Article 44-2 of the Network Act). But you need to capture the original post, its address and the date and time it was written before it disappears, so that evidence remains when you later file a complaint.