Calculators & Self-ChecksProsecution Request Estimator
Defamation through an information and communications network (online defamation): statutory penalty and likely requested sentence
The statutory penalty for Defamation through an information and communications network (online defamation) and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Stating facts: up to 3 years in prison or a fine of up to KRW 30 million / false facts: up to 7 years in prison, suspension of qualifications for up to 10 years, or a fine of up to KRW 70 million
- Legal basis
- Act on Promotion of Information and Communications Network Utilization and Information Protection (Information and Communications Network Act), Article 70
- Category
- Cyber · Information and Communications Network Act
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
- Likely requested sentence
- 1 year to 2 years 8 months in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year or more in prison
Defamation by false facts goes, as a rule, to a formal trial. When a fine is requested, it is at the level of KRW 5 million or more.
Formal trial (prison sentence requested)
- Likely requested sentence
- 10 months or more in prison
Summary fine
- Likely fine
- KRW 2 million or more
Suspension of indictment possible
It cannot be punished if the victim does not want punishment (no right to prosecute). Many cases end with a settlement during the investigation.
Notes
- There must be an intent to disparage the person; if it was for the public interest, that intent may be denied.
- A 2026 amendment raised the maximum fine for defamation by false facts to KRW 70 million.
Frequently asked questions
- Defamation through an information and communications network (online defamation): what is the statutory penalty?
- Legal basis: Act on Promotion of Information and Communications Network Utilization and Information Protection (Information and Communications Network Act), Article 70. Statutory penalty: Stating facts: up to 3 years in prison or a fine of up to KRW 30 million / false facts: up to 7 years in prison, suspension of qualifications for up to 10 years, or a fine of up to KRW 70 million.
- Defamation through an information and communications network (online defamation): how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine, Suspension of indictment possible. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
- Repeatedly sending messages that cause fear or anxiety
- Distributing obscene material online
- Intrusion into an information and communications network
- Damaging another person's information, or infringing or leaking their secrets (other than hacking)
- Collecting other people's information by deception (phishing)
- Providing or leaking personal information without authorization
- Illegal wiretapping or recording other people's conversations, and disclosing them
- Secret location tracking (collecting personal location information without consent)
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
Want to look at your own case more closely?
Send us a message about your situation. A lawyer will review it and reply.
© 2026 JISAN LAW. The question structure, the organisation of the criteria, the result wording and the data on this page are works and a database created by JISAN LAW. Copying, distributing or modifying them, reusing them on other websites or services, or collecting them automatically (scraping) without permission is prohibited. Violations may lead to civil and criminal liability under the Korean Copyright Act and the Unfair Competition Prevention and Trade Secret Protection Act.