Unique Laws In South Korea

The laws in South Korea concerning issues of libel, slander and contempt of court are very different from the laws in North America on very specific key points. 

For example, in South Korea, one may still be found guilty of libel or slander even if what is exposed to the public is unequivocally true. 

A recent example of this legal practice in action concerned expat Michael Breen. Samsung filed both criminal and civil charges against Breen over two lines in a comedic holiday poem Breen had penned. Meanwhile, an ex-employee writes a tell all book exposing corruption on the highest levels within the corporation and family dynasty and Samsung does nothing? How odd. Read more here

Note the legal code below:

[qoute] Republic of Korea

For such laws as "Defamation"-Act on Promotion of Information and Communications Network Utilization and Data Protection, etc. (Republic of Korea [internet and email related laws]) - Park, 2005 CHAPTER IX Article 61 (Penal Provisions) This may show defamation varies significantly from North American laws and in general by country and by case.

(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 3 years or by a fine not exceeding 20 million won.

(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 7 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].

As of Dec 2009, cases were heard before Korean courts and individuals were fined w2, 000,000 ($ 2,000) for true facts identified in Korea submitted by email to lawyers managing the said case in Canada - international "comity" procedure or "intent" seem unrelated .[26] [end qoute]  source: wikipedia

  

Laws concerning contempt of court are similar. I am not allowed to speak publically about my son's case in any manner that might cause embarrassement to the police department, court system, or the Judges who sat the bench for my son's case. 

  

Until such time as I can secure employment and relocate out of South Korea, I am unable to speak freely. It's been almost two years since Mike's as yet unexplained death. I've not given up the fight for answers and for justice. 

  

Stephannie Kaye White

Mightie Mike's Mom

updated May 6, 2010