I want to file a counter-complaint for false accusation

It is tempting to file a counter-complaint while your anger is at its height, but false accusation (무고) is a case in which the complainant has a lot to prove. Start by gathering materials in the order below.

• Confirm the outcome of the original case. See whether you have a non-referral decision, a notice of reasons for non-indictment or an acquittal judgment.
• Distinguish whether the reason for the decision was "insufficient evidence" or that facts contrary to the complaint came to light.
• Mark the parts of what the other person said in the complaint and in questioning that conflict with objective materials.
• Set out the harm the original case caused you (disciplinary action, leave from work, treatment, legal fees).

When investigators find no suspicion, it often means the allegations in the complaint were not proven. The Supreme Court held that the fact that the reported facts could not be accepted as true is not, on its own, enough to conclude that they were false (Supreme Court Decision 2007도6406, October 11, 2007).

For false accusation to be established, it must be shown that what the other person reported differs from the objective facts and that they knew this. You need materials such as records showing the other person was somewhere else on the day, bank records showing they received money they claimed not to have received, or a message to an acquaintance saying "it isn't true, but I filed a complaint."

If the original case is still ongoing, it is usually better to wait for the outcome. A counter-complaint during the investigation can look like pressure to force a settlement, and the false accusation investigation effectively stalls until the original case is decided.

The complainant can object within 3 months of receiving a non-referral notice, and the case is then referred to the Public Prosecution Service (공소청) to be decided again (Criminal Procedure Act (형사소송법) Article 245-7). It is safer to file after confirming the original case has been finally resolved. The statute of limitations for false accusation is 10 years, so you will not lose the chance by waiting.

Most of the grounds for a false accusation complaint lie in the original case records. As the former suspect, you can apply to inspect and copy your own statement records and the materials you submitted, and you may get part of other documents, such as the complaint, through a freedom of information request (정보공개 청구). They often come with personal information blacked out.

Once you have the records, set out in date order how the other person's statements changed from one interview to the next. If their account changed on key points, that is a clue showing falsity.

Rather than describing at length how you were wronged, a complaint for false accusation works well when it sets the sentences the other person reported side by side with the actual facts. Write it item by item, for example: "On [date], the other party stated X, but the bank records for the same day show Y."

You must also show separately that the other person knew it was false. Circumstances showing it could not have been a mistake because they experienced it directly, things they said before and after filing the complaint, and signs they demanded settlement money are materials that show intent.

Telling people on social media or acquaintances that the other person is a false accuser can turn into defamation. Using a false accusation complaint as leverage to demand money from the other person can raise extortion issues.

If you file a counter-complaint on weak evidence, it ends with no suspicion, and the other person may even accuse you of false accusation in turn. Only write facts that have been confirmed in the complaint.

A managing partner personally reviews the decision and records of the original case and first tells you whether there are grounds worth pursuing as false accusation. If you decide to file, we write the complaint around the facts that show falsity and intent and go with you to the complainant interview. If the grounds are insufficient, we also consider other options such as a civil claim for damages. To request a consultation, send us a message through the chat on this page.