I’d like to introduce Supreme Court Decision stating that in case a person makes a statement damaging another person’s reputation when checking out if the rumor is true, the person’s intent for defamation is not recognized. Please refer to the case 2018Do4200 Decided June 15, 2018 and for further legal inquiries, please contact me at […]
[Supreme Court Decision – Criminal Law] – On Uploading a “Torrent File” of Obscene Videos
I’d like to introduce Supreme Court Decision stating that uploading a “torrent file” of obscene videos is violation of Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.! Please refer to the case 2019Do5283 Decided July 25, 2019 as follows and for legal consultation, please contact me at https://lawyerhwang.com/consultation/ or [email protected]; […]
On production of child or youth pornography
Korean courts impose severer penalties for the accused who commit sex offenses against minors than those in the past. There is a special act which prescribes sex offenses against child or youth and states penalties for the offenses in Korea; ACT ON THE PROTECTION OF CHILDREN AND YOUTH AGAINST SEX OFFENSES (hereinafter referred to as […]
On narcotic crimes
I’ve been sometimes asked about narcotic crimes from expats in Korea. South Korea is famous for its strict laws on narcotic crimes and there are several different provision on them from that in other countries. Above all, I’d like to point out that it is quite often misunderstood that only using narcotics shall be penalized. […]
How to deal with sexual abuses
This post will cover sex crimes and viable legal actions to the crimes. Above all, it is necessary to clarify each type of sex offenses including sexual harassment, indecent act by compulsion and rape. Most know what rape means but many are confused sexual harassment with indecent compulsion. Roughly stated, sexual harassment usually means offensive […]
Defamation by alleging facts can be justified?
Many expats do not understand why the one who tells truth shall be punished. There have been many controversies over whether the first paragraph of the Article 307 of Criminal Act stipulating punishment to the one defaming by alleging facts shall be abolished. Even though it is not likely that the article shall be removed […]
What is defamation?
I have received many inquiries on defamation. I’d like to briefly discuss defamation on this post. Korean Criminal Act prescribes on defamation and the relevant Article is as follows; Article 307 (Defamation) (1) A person who defames another by publicly alleging facts shall be punished by imprisonment or imprisonment without prison labor for not more than […]