In South Korea, the truth shall land you in jail
By Andy Jackson May 12, 2010 7:24PM UTCUpdate: See the comments section for a case in which someone was able to use the truth as a defense.
Original Post: Unlike in most western countries, the truth is not a defense against libel or slander charges. True statements found to have damaged someone’s reputation can still land you in jail or take a big dent out of your bank account:
(1) Any person who has defamed any other person by alleging openly facts through information and communications networks [Internet and email] with the purpose of slandering him shall be subject to imprisonment with or without prison labor for not more than three years or by a fine not exceeding 20 million won (US $17, 500).
2) Any person who has defamed any other person by alleging openly false facts via information and communications networks [Internet and email] with the purpose of slandering him / her shall be subject to imprisonment with prison labor for not more than seven years or the suspension of disqualification for not more than 10 years, or by a fine not exceeding 50 million won [approximately US $ 50,000 plus possible civil actions and related damages].
That quote from Tom Coyner’s Korea Economic Reader email newsletter quoting part of a post from Mighty Mike (a blog run by the mother of Mike White who is seeking to find the truth behind the death of her son in a Korean sauna two years ago) that was in turn lifted from Wikipedia; ah, the joys of the Internet.
In South Korea, the truth will not set you free, but it will at least cut your jail time in half.
In a related matter, here is what Brendan Carr, an American attorney working in Korea, has to say about what to expect as a foreigner being sued for defamation:
[H]e’s screwed. Korea’s criminal-defamation statute is a tool of oppression and harassment and the police/prosecutors are all too happy to wield it on behalf of a Korean in the Korean’s struggle with a foreigner. The law is normally applied in a lose-lose fashion to stop petty squabbles (i.e., “You’re both guilty of defaming the other! Want to let this drop and get out of my hair, or do you want punishment?”) but in this case, where the hagwon scumbad (sic) merely made defamatory statements verbally and your friend did so in writing, only the foreigner is going to be punished.
The good news is, the crime is typically punished by a fine. The bad news is, the typical fine is W2,000,000 — which is just enough to get a foreigner deported and barred from re-entry. Congratulations!
These items are not directly related to the Michael Breen case since he is being sued for a piece of satire, but it does give some background as to how truly screwed he is.



