History and controversy
The insult offense has been part of Korea's Criminal Act since its 1953 enactment, modeled on Article 231 of Japan's penal code. As online forums and in-game chat became part of daily life, insult complaints rose to tens of thousands a year. Critics say some people file complaints mainly to extract settlements. Challenges arguing that the law chills free expression failed: the Constitutional Court upheld it in 2013 and again in 2020. Many countries, including the United States, don't criminalize simple insults, so the debate continues.
Elements
Publicity: the remark must be perceivable by an unspecified or large number of people. Even a one-on-one chat may qualify if spread is likely, but a private two-person message usually doesn't. Identifiability: even a username counts if people around the victim can tell who it is. Contemptuous expression: it must degrade social standing, and mere rudeness may not qualify. Alleging specific facts turns the offense into defamation (Art. 307). That's a heavier crime and can be punished even when the facts are true.
Filing and responding
Insult can be prosecuted only on the victim's complaint, which must be filed within six months of identifying the offender and can be withdrawn. Keep screenshots showing the date, URL, and username, then file with the police or the cyber crime unit. First offenders usually get a small fine or deferred prosecution, and civil consolation money can be claimed separately. Under the principle of nulla poena sine lege, courts read the offense narrowly.
FAQ
- Do group chat insults count?
- A group chat with several members can satisfy publicity.
- Is a username anonymous enough?
- Not if people who know the victim can tell who it refers to.
Sources reviewed: 2026-10-26
References
- 형법 제311조(모욕), 제312조(친고죄), 제307조(명예훼손).
- 헌법재판소 2013. 6. 27. 2012헌바37 결정; 2020. 12. 23. 2017헌바456 결정(모욕죄 합헌).
- 대법원 2022. 8. 31. 선고 2019도7370 판결 등.