Legal review of whether to take legal action against malicious reviews.

Law firm Veat undertook a review to examine the potential for responding to claims regarding user reviews under civil and criminal law. 

Law firm Veat’s startup advisory team meticulously reviewed whether the user reviews constituted defamation under the “Criminal Code” and whether it caused liability for damages under the Civil Code. 

Specifically, considering various factors such as the actual use of the reviews, the inclusion of false facts, and the degree of defamatory expression, it deeply analyzed the constituent elements of the “Act on Promotion of Information and Communications Network Utilization and Protection of Information” (“Information and Communications Network Act”) and the constituent elements of defamation under the “Criminal Code,” and whether they met the requirements, and provided clients with specific and practical legal advice based on the analyzed contents. 

① A person who publicly states a fact and damages the reputation of another person shall be punished with imprisonment of 2 years or less, or imprisonment with forced labor, or a fine of 500 million won or less. 
② A person who publicly states a false fact and damages the reputation of another person shall be punished with imprisonment of 5 years or less, imprisonment with a term of disqualification for 10 years or less, or a fine of 10 million won or less. (Article 307 of the “Criminal Code”)

Article 307(1) of the “Criminal Code” does not apply when the act is a true fact and relates only to public interest. (Article 310 of the “Criminal Code”)

① No one shall distribute information corresponding to any of the following items through the information and communications network. 
2. Information containing a content of damaging the reputation of another person by publicly revealing facts or false facts with the purpose of defaming a person (Article 44(7) of the “Act on Promotion of Information and Communications Network Utilization and Protection of Information”)

Through consultations with startup lawyers with extensive experience in corporate legal affairs, it is important to clearly understand what legal measures a company can consider and prepare appropriate responses.  It is important to carefully examine which law can be applied and whether the legal requirements are met. 

Furthermore, it is important to determine whether it is possible to claim against the review authors for civil damages such as financial loss, claim for damages, and costs for recovery of damages.  However, it is recommended to carefully prepare with the startup specialized law firm Veat startup advisory team, considering the parts that are difficult to discern as legally recognized and the proof process. 

Law firm Veat’s startup advisory team provides expert and systematic advice on complex legal issues, helping companies minimize legal risks and support smooth business operations. 

Law firm Veat assists clients in successfully operating their businesses by based on its understanding of legal issues in the Information and Communications Technology (ICT) field. 

For companies that require regular advice in complex legal areas such as the “Criminal Code,” “Civil Code,” and the “Information and Communications Network Act,” you can receive reliable legal support through Law firm Veat. 

If you need help with various legal issues that startups encounter as they grow, please inquire about Law firm Veat’s regular legal consultation services. 

Law firm Veat significantly contributes to overcoming legal hurdles for startups and enhancing the stability of their businesses. 

Thank you.

Law firm Veat Dream