You left a one-star review. You warned a friend about a bad landlord. You posted in a Facebook expat group about a company that scammed you. In most countries, this is free speech. In Korea, it could be a criminal offense — and the most shocking part is that it doesn't matter if every word you said was true.
→Korea Has Criminal Defamation. Yes, Criminal.
Most foreigners come from countries where defamation is a civil matter — someone sues, you pay damages, life goes on. Korea is different. Under the Korean Criminal Act, defamation is a criminal offense punishable by:
- Up to 2 years in prison or a fine up to 5 million KRW for standard defamation
- Up to 5 years in prison or a fine up to 10 million KRW if committed through printed materials, writing, or online — which includes social media, review sites, and messaging apps
And here is the part that makes foreigners' jaws drop: Article 310 states that truth is a defense — but only if the statement was made solely for the public benefit. If a court decides your true statement wasn't sufficiently in the public interest, you can still be convicted.
→Real Situations That Lead to Criminal Complaints
These aren't hypotheticals — they result in actual complaints filed in Korea every year:
- The negative review. A detailed Google or Naver review of a bad experience. The business owner files a complaint. Suddenly you're summoned for police questioning.
- The expat-group warning. "This landlord stole my deposit." Completely true. The landlord files anyway. Doesn't matter.
- The employer dispute. You accuse an employer of wage theft; they retaliate with a defamation complaint. Now two cases run at once.
- The group-chat message. A voice message warning friends about someone. That person gets hold of it. Criminal complaint.
→"But I Have Proof It's True"
This is what almost every client says first. Under Korean law, if you can prove the statement was true and made for the public benefit, you have a defense, and courts do acquit on these grounds. But you still have to go through the entire criminal process to get there — police investigation, possible prosecutor interrogation, potential indictment, possible trial. Even if you're ultimately acquitted, the process itself is expensive, slow, and terrifying — especially in a foreign language without a lawyer.
→Online Defamation Is Even More Serious
Korea has a separate law for online defamation under the Information and Communications Network Act. It carries penalties of up to 3 years for true statements made without public benefit, or up to 7 years for false statements.
Seven years. For a Facebook post.
This covers anything published online: social media, review platforms, online communities, blog posts, YouTube comments, KakaoTalk group chats — even direct messages that get shared.
→How to Protect Yourself
- Ask if it's truly in the public interest. Exposing widespread fraud or a public-safety issue is a stronger claim than a personal grievance.
- Stick to facts, not opinions. "This company owes me three months of salary" is factual. "This company is run by criminals" is an opinion that opens you to liability.
- Keep your evidence. Contracts, messages, receipts, records. If you make a claim, be ready to prove it.
- Consider the platform. A private message to one friend carries far less risk than a public post to a 10,000-member group.
- If you've already been complained against, get a lawyer immediately. Do not respond to a police summons alone.
→If You've Already Received a Police Summons
First, don't panic. Many defamation complaints in Korea are filed as pressure tactics — to silence critics or gain leverage in a separate dispute — and not all result in prosecution. But how you respond early matters enormously:
- Do not ignore the summons. Failing to appear makes things worse.
- Do not go alone. Bring a lawyer.
- Do not try to explain yourself without counsel. Every word is recorded.
- Consult a Korean attorney as soon as possible — ideally before your first police interview.