Affair Exposed—Is It Defamation?

A recent news report revealed that a banner was hung in a high-end apartment complex in Gangnam District, Seoul, claiming that a certain woman had committed adultery. Although the banner did not state her full name, it included part of her name and partial details of her apartment number—making it possible for residents of the complex to reasonably identify her.

This situation raises the legal question of whether defamation can be established even when only partial information is disclosed but the individual can still be identified.

Under the Korean Criminal Act, the elements of defamation are as follows:
(1) Public dissemination,
(2) Statement of fact,
(3) Identifiability of the victim, and
(4) The potential for reputational harm.

‘Public dissemination’ refers to whether the statement could be widely shared or accessed;
‘Statement of fact’ means that specific facts were mentioned, rather than mere opinions or value judgments;
‘Identifiability’ can be established even without using a full name—if the person can be recognized based on the context;
‘Reputational harm’ is satisfied when the content could damage the person’s social reputation or standing.

In the case mentioned above, since the banner was posted in a shared residential space, it was accessible to anyone in the complex, fulfilling the public disseminationrequirement. The content referred to adultery, a specific and concrete act, thus satisfying the statement of factelement. Despite redactions, the inclusion of partial name and unit number made it possible to identifythe individual in question. Lastly, since adultery remains socially and morally condemned, the act has the potential to cause serious reputational harm.

If the content in question is true and the disclosure was made solely for the public interest, the person responsible may be exempt from punishment. However, in this particular case, it is unlikely that such an exception would be acknowledged by the court.

Under Korean law, defamation based on true factsis punishable by up to two years of imprisonment, detention, or a fine of up to 5 million KRW.
If the statement is false, the penalty increases to up to five years of imprisonment, ten years of qualification suspension, or a fine of up to 10 million KRW.

In the past, adultery was a criminal offense in South Korea, punishable by up to two years in prison. However, in 2015, the Constitutional Court ruled the adultery law unconstitutional, and it was officially abolished in January 2016. Today, a spouse who has been cheated on may only seek compensation through a civil claimfor emotional distress, either against the unfaithful spouse or the third party.

As a result, it is not uncommon to see cases in which one party, having no other means of criminal punishment, resorts to public exposure—often in the form of online posts or banners—to reveal the affair, despite the risk of facing criminal charges themselves.