"50,000 Won Even If You Die Eating Moldy Bread" Defamation Post Author Fined 1.5 Million Won... Court Rules "Defamation Charge"

Court: "Seems more dissatisfied with lower compensation than public interest"

A consumer who posted defamatory comments online about a bakery that sold moldy bread was fined. The court ruled that he posted the comments not for the public interest, but out of dissatisfaction with the low compensation amount.

According to the legal community on the 20th, the Gwangju District Court Criminal Division 1 (Presiding Judge Kim Pyeong-ho) upheld the first trial sentence of a 1.5 million won fine in the appeal trial of A (39), who was indicted for defamation under the Information and Communications Network Act.

(This photo is not directly related to the article) Photo by Hyunmin Kim kimhyun81@

A was charged with posting defamatory comments about a bakery located in Yeosu-si, Jeollanam-do, on the Blue House National Petition Board and two popular internet sites in 2021.

At the time, A discovered mold on bread purchased from the bakery and demanded compensation from the bakery. However, dissatisfied with the compensation amount being less than expected, he posted defamatory comments about the bakery owner under titles such as "Mold Lady Owner" and "Yeosu Moldy Bread: Even if You Die, 50,000 Won."

In the post, A wrote, "The lady owner said she would give me 50,000 won and told me to leave," adding, "It was really outrageous, and she treated me like an invisible person, not caring at all."

He also expressed dissatisfaction, saying, "About a week later, I was contacted by the insurance company offering 800,000 won in compensation. The emergency room treatment cost was only 100,000 won, so does that mean the painful week that felt like I was going to die is compensated with 700,000 won? Are consumers pigs or dogs?"

A claimed, "The content was based on facts for the public interest, and there was no intent to defame," but both the first and second trial courts rejected this claim.

The first trial court pointed out, "The defendant posted comments mainly criticizing the inadequacy of the compensation rather than hygiene management," and judged, "Whether the compensation amount is appropriate is difficult to consider a matter of public interest."

The appellate court also ruled similarly, stating, "It is reasonable to view that the defendant posted the comments with the intent to defame and damage the bakery's business," agreeing with the first trial's judgment.

Under current law, posting defamatory content with malicious intent, such as harmful reviews, can be punished under the Information and Communications Network Act. Especially if false facts are stated, the punishment can be aggravated to imprisonment of up to seven years or a fine of up to 50 million won.

However, if a consumer leaves negative reviews or ratings based on actual experiences to help others, defamation is unlikely to be established. In other words, the key is whether the content serves the public interest. Regarding this, the Supreme Court has ruled, "If the stated facts concern the public interest, the intent to defame a person is denied unless there are special circumstances."