Supreme Court: "Even if only a few heard it, if there is a 'possibility of dissemination,' defamation is established"

[Asia Economy Reporter Heo Kyung-jun] The Supreme Court has ruled that even if only a few people hear insulting remarks targeting a specific person, if there is a possibility that the remarks could be spread to the public, the crime of insult is established.

The Supreme Court's 2nd Division (Presiding Justice Min Yoo-sook) announced on the 5th that it overturned the lower court's acquittal in the appeal trial of A and B, who were charged with insult, and remanded the case to the Uijeongbu District Court.

The two individuals used abusive language during a protest via intercom after noise occurred from the apartment above where C lived in July 2019.

The issue arose because guests at C's home at the time heard all the abusive language coming through the speaker-type intercom. The crime of insult punishes those who "publicly insult a person," and like defamation, it requires the element of "publicity."

The first trial court found A and B guilty and sentenced them to fines of 700,000 won each, reasoning that it was difficult to be confident that C's acquaintances who heard the abusive language would keep it secret without spreading it externally.

On the other hand, the second trial court overturned the first trial's decision and acquitted them, judging that the possibility of C's acquaintances spreading the abusive language to others was low.

Until now, the Supreme Court has recognized publicity if there is a possibility that a few people who heard the fact could spread it again to an unspecified or large number of people, even if the fact was stated to only a few.

The Supreme Court found the second trial's judgment to be incorrect. The court stated, "Even if the fact was individually stated to a few people, if the recipient has the possibility of spreading that fact to an unspecified or large number of people, the principle that publicity is recognized applies equally to the crime of insult."