CRIMINAL PROSECUTIONS FOR DEFAMATION AND INSULT IN SOUTH KOREA

South Korea has strong laws and practice in criminal defamation and insult, affecting people’s ability to express their opinions and share information vital for the functioning of a healthy economy and polity. Many criminal defamation cases were filed to protect the reputation of public officials, and many insult prosecutions are filed to protect police officers. Such a trend has been found at odds with an international human rights standard on freedom of speech that has consistently warned against the anti-democratic potentials of criminal defamation and insult laws. This article reviews both sides of the arguments and presents balanced solutions to the present laws and practice of the country.