I've been accused of insult over something I said in a group chat

If you received a text asking you to come in, you usually have a few days before the questioning date. There is not much to do in that time, but the order matters.

• Back up the whole group chat using export or screenshots. Keep at least a full day of conversation before and after the line in question.
• Write down who was in the chat at the time and how they are related to one another.
• Check when the other person learned who you were and when they filed the complaint. A complaint for insult cannot be filed once 6 months have passed since the person learned who the offender was.
• Do not leave the chat or delete messages. Traces of deletion remain, and conversations that help you disappear too.

First, it must have been visible to a number of people (publicity, 공연성). The more people in a group chat, the more easily publicity is accepted; in a one-to-one chat with the other person, it is hard for the offense of insult (모욕죄) to apply.

Second, others must be able to tell who the remark was about (identifiability, 특정성). Even if you did not use a name, identifiability is accepted if everyone could tell from the flow of conversation. Third, the expression must be contemptuous of the other person. Even harsh words may not count as insult if they were simply a complaint or criticism.

Contacting the other person directly to argue, or posting an explanation in the same chat, can lead to a new complaint. Asking other members to take your side also undermines the credibility of statements later.

Also avoid sending whatever settlement amount the other person names out of fear. First check whether the offense even applies, and if you do pay, do it at the same time as receiving a settlement agreement and a withdrawal of the complaint.

Insult is an offense that requires a complaint (친고죄), so if the complainant withdraws the complaint before the first-instance judgment is pronounced, the case ends. If it is withdrawn at the police stage, the case is not referred on the grounds of no right to prosecute; if after indictment, it ends with a judgment dismissing the prosecution, and no criminal record remains.

There is no going rate for a settlement. It is based on how severe the expression was, whether it was repeated and the harm suffered by the other person, and if whether the offense applies at all is in dispute, there is little reason to rush to settle. Put the amount, wording that the complaint will be withdrawn, and a statement that no civil claim will be made over the same matter in the settlement agreement.

What you said is preserved in screenshots, so rather than denying it, it is better to explain the circumstances before and after that led you to say it. Whether the other person criticised you first, whether it was a one-off and whether you apologised right away are reflected in the outcome.

If you are disputing identifiability or publicity, give specific facts supporting that, such as the number of people in the chat, how nicknames were displayed and the fact that members did not know who each other were.

After questioning, if the police do not find grounds for the allegation, they decide not to refer the case; if they do, they refer it to the Public Prosecution Service (공소청). Insult cases that are referred often lead to a request for a summary order (약식명령) imposing a fine, and if the court issues one, you receive it by post.

If you do not agree with the fine in the summary order, you can request a formal trial within 7 days of being notified (Criminal Procedure Act (형사소송법) Article 453). Requesting a formal trial will not change the outcome to a heavier type of sentence than the summary order, so if you have grounds to dispute it, do not miss this period.

A managing partner looks at the whole conversation personally and first assesses whether the offense of insult applies. If the case is worth disputing, we practise likely questions with you before questioning, go into the questioning with you and submit a written opinion. If settlement is the better course, we decide the timing and terms with you. If your questioning date is close, contact us first through the chat on this page.