Living as a foreigner in South Korea is a unique experience, but it can also present unexpected legal challenges. One of the most significant differences that catches many by surprise is how the legal system handles defamation. What is often a civil dispute in Western countries is a serious criminal matter here.

In most Western legal systems, defamation—making a statement that injures someone's reputation—is handled in civil court. The primary consequence is typically financial damages. However, under the Korean Criminal Act, defamation is a crime that can lead to a police investigation, criminal charges, and even imprisonment.

│ Defamation: Western Law vs. Korean Law

The differences are critical to understand for any foreigner living, working, or even posting online in Korea.

│ The Risk of Stating True Facts

The most confusing aspect of Korean defamation law for foreigners is that even telling the truth can be a crime. Article 307(1) of the Criminal Act states that a person who defames another by publicly alleging facts can be punished, regardless of whether those facts are true or false.

While there is an exception for statements made "solely for the public interest," this is a high legal standard to meet and is often difficult to prove in court. As a result, many foreigners find themselves unexpectedly facing a criminal investigation for comments or posts they believed were harmless.

│ Your Visa Status Is at Risk

If you are working in Korea or planning to stay long-term, a criminal defamation charge is not just a legal inconvenience—it can directly threaten your ability to remain in the country. A criminal record or ongoing criminal investigation can result in visa denial, non-renewal, or even deportation. Immigration authorities take criminal matters seriously, and even a minor defamation case can jeopardize your visa status and future in Korea.

This makes it absolutely crucial to address any defamation accusation immediately with experienced legal counsel who understands both Korean criminal law and immigration regulations.

│ Protect Your Rights and Your Future in Korea

Navigating the nuances of Korean defamation law requires expert legal guidance. At Lawfirm Siwoo, attorney Christine Kim, Esq. specializes in helping foreigners navigate the Korean legal system with customized solutions tailored to each client's unique situation and needs. We provide clear, effective legal counsel to resolve criminal matters and protect what matters most to you.

Do not face a criminal charge alone. Contact Christine Kim, Esq. at christine@siwoo-law.com for a consultation today.