When you've already told the affair partner's family or company

You can't undo what's been done, but what you do next changes how serious the case becomes. In particular, for anything posted in a group chat or on social media, first check how far it has spread before others screenshot it and pass it on.

• Don't send anything more. Stop all further messages, comments and calls
• Take screenshots of what you posted and sent, with dates visible, and keep them separately
• After saving the original text, consider taking the posts down
• Don't delete protest messages or warnings of a criminal complaint from the other side; keep them
• Write down on one page who you told, when and what

• Replying, "If you file a complaint, I'll spread it further" (this can be a threat)
• Reposting elsewhere or asking acquaintances to share it
• Calling the affair partner's company again to ask how they handled it
• Sending photos of the affair to others as "evidence"

If you receive a warning of a criminal complaint or a demand for settlement, don't reply right away; keep it as it is. Apologies or explanations sent at this stage are sometimes used later as an admission of the offense.

If you want a settlement, it's better to set out the amount and terms and convey them through a legal representative. Direct contact easily becomes emotional, and the other side may make an issue of that contact too.

Even telling the truth can be defamation (명예훼손). However, depending on the circumstances below, there may be points you can contest. If even a little untrue content was mixed in, it can be treated more severely as defamation by false statements, so recheck every line you sent.

Defamation under the Criminal Act (형법) and under the Information and Communications Network Act (정보통신망법) cannot be punished if the victim states that they do not want punishment. So once a complaint is filed, whether a settlement is reached greatly affects the outcome. Insult (모욕죄) can be punished only if the victim files a complaint.

• How many people could learn of it, and whether those told were likely to spread it further
• Whether the purpose was limited, such as asking for separation at work
• Whether you used a real name or information identifying the person
• Whether insults or offensive expressions were included
• Whether it was a real-name space or an anonymous board

If the affair partner files a complaint, you will be questioned by the police as a suspect. The appearance date can be adjusted if you explain your circumstances, so coordinate the schedule with your defense lawyer before attending. You need to separate in advance what you will admit and what you will contest, and decide the direction of your statement before questioning.

The affair lawsuit can still go ahead. However, the other side can argue for reduced compensation (위자료) because of the exposure or separately claim damages, so settlement terms are often designed with both cases in view. Sometimes the affair compensation and the defamation settlement are resolved in a single agreement. A victim's wish not to have the offender punished is effective only if expressed before the first-instance judgment is delivered (Criminal Procedure Act (형사소송법) Article 232), so don't delay settlement talks.

Jisan Law first confirms what was disclosed and how widely, and looks for points to contest on whether defamation is established. Before police questioning, we rehearse with likely questions, and a defense lawyer sits in on the questioning and objects on the spot to leading or improper questions. We look at the affair lawsuit and the criminal case together to work out settlement terms, and Jisan Law handles settlement contact with the other side on your behalf.

A managing partner handles the consultation personally, and we explain the fees after the consultation. Even before you receive a complaint, you can reach us through the chat on this page at any time.