Under South Korea’s Criminal Code,
convictions on charges of criminal defamation using “openly false facts” can result in up to seven years imprisonment, as well as a fine of $50 million KRW (approximately $44,577 USD).
But a public statement can also be completely true and still qualify as criminal defamation. If the court finds that the defendant had made true statements with the “intent to commit defamation” and not out of “public interest,” the defendant can still be convicted—facing up to three years in jail or a $20 million KRW fine ($17,830 USD). More importantly, the burden is on the defendant to
prove to the court the vague meaning of “public interest.”