You may need a consultation if
- You told the HR team at the affair partner's company about the affair
- You sent messages to the affair partner's spouse or parents
- You posted on a parenting forum or Blind without names, and then received a criminal complaint
- The plaintiff spread news of the affair in a group chat at your company
- You are in an affair lawsuit and the other side says it will file a defamation complaint against you
Relevant provisions
Criminal Act (형법) Article 307 (Defamation)
Damaging a person's reputation by publicly alleging facts is punishable by up to 2 years' imprisonment with or without labor or a fine of up to KRW 5 million; if the facts are false, by up to 5 years' imprisonment, suspension of qualifications for up to 10 years, or a fine of up to KRW 10 million. If the victim states that they do not want the offender punished, no indictment can be brought (Article 312(2)).
Information and Communications Network Act (정보통신망법) Article 70(1) (Penalties)
Damaging a person's reputation by publicly revealing facts through an information and communications network with intent to disparage is punishable by up to 3 years' imprisonment or a fine of up to KRW 30 million. False facts are punished more heavily, and if the victim states that they do not want the offender punished, no indictment can be brought.
Criminal Act Article 310 (Justification)
There is no punishment if the facts are true and solely in the public interest. Infidelity between spouses is a private matter, so this provision rarely applies.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
True statements can still be defamation
The Criminal Act (형법) punishes not only false statements but also revealing true facts. Even if the affair is real and you have evidence, defamation (명예훼손) becomes an issue if you conveyed something that lowers the affair partner's social standing in a way that many people could learn of it.
Investigators look at who you told, how and for what purpose. If your words show an intent to retaliate or include insults, an insult charge (모욕죄) may be added.
Telling one person can count as public if it could spread
Defamation requires publicity (공연성). The Supreme Court maintains the rule that even if you told only a few people, publicity is recognized if those people could pass it on to others (Supreme Court en banc Decision 2020도5813, rendered November 19, 2020).
On the other hand, if you conveyed only the facts to a single HR officer to ask that the two be separated at work, and it spread no further, there may be room to contest publicity or intent to disparage.
- Company-wide emails, workplace group chats, internal bulletin boards
- Posts on social media, Blind or local online communities (a problem if the person can be identified, even without a name)
- Messages sent to the affair partner's parents, spouse or friends
- Signs or banners in front of their workplace
How exposure affects the affair lawsuit
A defamation complaint proceeds as a criminal case separate from the affair lawsuit. The other side can argue for reduced compensation because of the exposure, or separately claim damages for emotional harm.
A debt arising from an intentional tort cannot be set off against another claim (Civil Act (민법) Article 496). Neither side can unilaterally cancel out the affair compensation you are owed against the defamation damages you owe; settling both requires an agreement.
If you were the one exposed
Even if you are the defendant in an affair lawsuit, you can file a criminal complaint if your reputation was damaged. Keep a record of who disclosed what, when and where, such as the post's URL, screenshots and statements from people who received the messages.
However, a criminal complaint easily ends up used as a bargaining chip in the affair lawsuit. It is better to decide first how the complaint fits with what you will contest in the lawsuit, and then act.
Circumstances affecting the disposition and outcome
Factors that work against you
- · Disclosed in places many people see, such as the workplace or social media
- · Repeated several times, or posts were not deleted
- · Included insults or sexual expressions
- · Used as pressure to extract settlement money
Factors that work in your favor
- · A limited purpose, such as asking for separation at work
- · Disclosed narrowly, and it spread no further
- · Deleted the post and apologized right away
- · Settled with the victim and obtained a statement that they do not want punishment
How Jisan Law's Family Law Center responds
- 1
Confirming the facts
We confirm, with the original text and dates, who was told what and by what means.
- 2
Preventing further harm
With the originals stored separately, we decide whether to take down the posts, and cut off further contact.
- 3
Preparing for and attending questioning
Before police questioning, we practice with likely questions, and a defense lawyer sits in on the questioning.
- 4
Written opinion and settlement
We submit a written opinion on points to contest, such as publicity and intent to disparage, and also explore a settlement in which the victim states they do not want punishment.
- 5
Aligning with the affair lawsuit
We assess how the criminal case may affect the compensation decision and keep your statements consistent across both cases.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Miso Kim Partner
Formerly at Daehwan Law Firm, in-house counsel on the legal team of Wemade Co., Ltd., and Oracle Law Firm
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Frequently asked questions
I didn't use a real name, only something like 'K on the ○○ team.'
Even without a name, if people around them can tell who it is, the victim can be considered identified. This is even more likely if the team name, job title or part of a photo is included. Before taking the post down, save the original separately and get a consultation.
Is it still defamation if I told only the affair partner's spouse?
Even if you told one person, publicity can be recognized if that person might spread it to others. However, there may be room to argue that, given the close relationship, it was unlikely to spread. The judgment depends on what words you used and whether you also sent it to anyone else.
If I'm accused of defamation, will I lose my affair compensation?
Your right to claim affair compensation does not disappear. However, if the circumstances of the exposure come out at trial, the other side can raise them as a ground for reduction and separately claim damages. It is advisable to look at both cases together and decide how to resolve them.