False Accusation

The fact that the accused person received a decision of no charge (혐의없음) does not by itself make the complainant guilty of false accusation. The Supreme Court has held that the mere failure to prove the reported facts true does not immediately establish that they were false (Supreme Court Decision 2007도6406, October 11, 2007).

For false accusation to be found, it must be shown that the reported facts differ from the objective facts, and that the person who reported them knew this or at least recognized they might be false. The starting point is to find, in the original case record, where the complainant's account changed and where it conflicts with objective evidence.

Court decisions tend to hold that if the core of the report is true and only some parts were exaggerated or the legal assessment was wrong, it is hard to call it false accusation. A typical example is a fraud complaint over money not returned that ends up treated as a civil matter.

On the other hand, inventing something that never happened, or fabricating facts that decide whether a crime was committed, can be false accusation. Beyond reports to the police or the prosecution service (공소청), when a report is made to a supervisory body or a company to get someone disciplined at work, we also examine whether it counts as a report to a public office or public official.

Filing a counter-complaint while the original case is still ongoing can look like an attempt to pressure a settlement, and the decision may be put off because the original case has not concluded. So many people file after a non-referral (불송치), non-indictment (불기소) or acquittal becomes final, using that record as the basis.

If you have been accused of false accusation, you need to show with evidence that you had grounds to believe what you reported at the time. If you did in fact make a false report, confessing or surrendering before the original case becomes final can reduce or waive the penalty.