Hello, I’m Heebong Ha from Lawpid Legal Services. I can be reached at 🙋♂️
In the wake of recent tragic car accidents, secondary offensive comments directed at victims have come to the forefront. Many people are wondering what their legal options are in this situation, and today we’ll take a closer look at the legal issues involved.
What is defamation of the dead 🤔?
Defamation of the dead is a crime punishable for defaming a person who has already passed away. It is based on Article 308 of the Penal Code and specifically requires three elements to be met:
- Publicly (within the knowledge of several people)
- By stating a false fact (by specifically saying or expressing something false)
- It must defame the dead person.
This law is designed to protect the dignity of the deceased and the feelings of the bereaved. Simply expressing an opinion or stating a true fact is not covered.
The difference between defamation and insulting a dead person 👀
This is something a lot of people get confused about, so let’s break it down a bit:
- Defamation:
Defamation by stating specific facts.
Example: “Mr. A embezzled company funds”
Depending on the truthfulness of the facts, the penalty can vary. - Insult:
Degrades a person’s character without stating specific facts.
Example: “You’re a piece of shit.”
This usually applies to insults or derogatory language.
Importantly, there is no current law against insulting a dead person (someone who has passed away), which is something many people wonder about 😔
Is there a law against insulting the dead? 🧐
Currently, there is no separate ‘insulting the dead person’ law in Korean criminal law. This is due to the following reasons:
- Ensuring freedom of expression: There are concerns that introducing a law against insulting the dead could unduly restrict freedom of expression.
- Difficulty in legal interpretation: It can be difficult to objectively determine the degree of ‘insult’.
- Response to existing laws: Defamation of character and civil damages are available to some extent.
However, in the recent digital age, there has been an increase in the number of people insulting the deceased online, and there have been discussions about introducing a law of libel. It’s worth noting that Germany criminalizes “insulting the feelings of remembrance for the dead. 🌐🇩🇪
Inappropriate remarks over the internet, how should you respond? 🖥️
Reporting and suing:
- In the case of defamation of the dead, a complaint must be filed by the bereaved family members to be punished.
- You have six months to file a complaint from the date you know the culprit.
Gathering evidence:
- Take careful note of screenshots, URLs, and the date and time of the post.
- Evidence can be deleted, so it’s important to get it quickly
Consult a legal professional:
- Consult with a professional to determine the best course of action.
- You may also want to consider the possibility of filing a civil claim.
Report to the platform:
- You can report the post to the platform (social media, community, etc.) and ask them to remove it.
Get psychological support:
- We understand the emotional toll of secondary victimization, and you may want to seek professional counseling.
What are the penalties? ⚖️
Defamation of character is punishable by imprisonment for up to 2 years or a fine of up to 5 million won. In real-life cases:
- Most cases result in a fine or probation.
- First-time offenders and those who show signs of remorse have been sentenced to six months in prison and two years of probation.
- If you’re a repeat offender or the offense is very egregious, you may be sentenced to imprisonment.
However, please note that the sentence may vary depending on the specific circumstances of each case. 🙏
Wrapping up🌟
As legal professionals, our hearts are heavy when we see these unfortunate events happening again and again in our society, but there are ways we can do more than enough with current laws.
We at Lawpid Legal Services will always do our best to ease the pain of the victims and their families, and to create a better society.
The law reflects the minimum morals of our society. However, we need more than just the law, we need care and respect. We ask you to be a mature citizen who cares for each other with a warm heart. If we all make an effort, we can build a warmer and more just society. Together, we can make a difference! 💪😊
If you have any questions or need legal advice, please feel free to contact us. We are here to help you defend your rights and create a just society.
We look forward to a better tomorrow together, and have a great day today! 🌈🏛️
