Confirmation of the Victim’s Wish Not to Pursue Punishment (Defamation and Insult) and Disputing the Legal Elements of Obstruction of Business

This case involved combined charges of defamation under the Act on Promotion of Information and Communications Network Utilization and Information Protection, insult, and obstruction of business, making it difficult to resolve through settlement negotiations alone.

Accordingly, MegaX Law Office developed separate defense strategies for each charge, adopting a two-pronged approach: (1) promptly resolving matters that could be addressed through procedural measures, and (2) directly contesting charges requiring legal arguments by focusing on the statutory elements of each offense.

Regarding the defamation and insult allegations, MegaX first distinguished statements of fact from expressions of opinion in the social media posts. For statements constituting factual assertions, the firm systematically organized supporting evidence, including communication records, original posts and their editing histories, and materials documenting the circumstances before and after the incident.

At the same time, MegaX reviewed the wording and context of the posts to prevent unnecessary escalation of the dispute. Where appropriate, the firm pursued measures such as deleting, modifying, or correcting the posts while also confirming the victim’s wishes regarding criminal punishment and whether the complaint would be maintained.

With respect to the obstruction of business allegation, MegaX recognized that the investigation could proceed regardless of any settlement reached between the parties. From the investigation stage, the firm therefore structured its defense around four key issues: whether the conduct constituted deception or force, whether specific interference with business operations could be established, whether a causal relationship existed, and whether the client had the requisite criminal intent.

In particular, MegaX emphasized that the purpose of the posts was not to disrupt the other party’s business operations, but rather to express opinions or communicate facts concerning the situation in question.

The firm further argued that the business difficulties alleged by the complainant did not, in themselves, establish all the legal elements required for the offense of obstruction of business.

Based on these arguments, MegaX systematically prepared and submitted legal opinions and supporting evidence to the investigative authorities, presenting a comprehensive defense addressing each element of the alleged offense.