[according to the law of authority] 57. Defamation agreement, well written

*This content was translated by AI.

If the perpetrator and the victim reached an agreement in a defamation case, the legal effect of the agreement depends entirely on the wording of the agreement. In practice, even after all the settlement money is paid, there may be cases in which the prosecution is not dismissed due to the problem of the method of writing the agreement.

Defamation under the Criminal Act (Article 307 (1) and (2)) and defamation under the Information and Communication Network Act (Article 70) are anti-intentional penalties. If the victim expresses his or her intention not to punish him or her, the court must sentence him or her to dismiss the prosecution (Article 327, No. 6 of the Criminal Procedure Act). However, the Supreme Court has set strict standards for the 'method' of expressing this intention. The Supreme Court's ruling is that the declaration of intention not to punish should be "expressed in a way that the true intention is clear and reliable."

Agreement, what to include

In practice, the defamation agreement must have at least four elements. First, the case's specificity (case number, party, and content of action), second, the indication of the intention to cancel the punishment or complaint, third, the settlement and payment conditions, and fourth, the scope of civil claims.

For a simple case, a brief agreement of four provisions is sufficient. The key is not to omit the phrase "A does not want criminal punishment against B and cancels the related complaint." Basic legal safeguards will be provided by paying settlement money, deleting posts, and even confirming sub-complaint in the future.

However, if the settlement amount is high, if the deletion or correction of online posts is an issue, or if confidentiality is important, a detailed agreement of more than seven articles is required. Further disputes can be prevented only when an apology and restoration clause are included, a commitment to prevent recurrence and non-slandering, penalty regulations, and confidentiality obligations are included.

The timing of the agreement, if you miss it, is irreversible

The timing of submitting the agreement is also important. The Supreme Court's ruling clarified that the expression of intention not to punish or the cancellation of the complaint is valid only until the first trial is sentenced. Even if an agreement is submitted after the sentence of the judgment, the effect of the dismissal of the prosecution cannot be expected.

If an agreement was reached at the investigation stage, an agreement should be submitted to the investigative agency, and if it is at the trial stage, the agreement should be submitted to the court.

Completion of agreement, expert assistance required

Contrary to what it seems, the defamation agreement is a document that can intersect complex legal issues in some cases. From the distinction between anti-intentional punishment and pro-accusation, the requirements for expressing the intention to refuse punishment, the scope of the waiver of civil claims, and the effectiveness of penalty — each provision is governed by precedent and legal principles. Therefore, if an agreement needs to be drawn up or reviewed, getting help from experts will be the most economical option in the long run.

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*This content was translated by AI.