Wife Who Exposed Husband's Infidelity Online Faces Defamation Lawsuit...
A wife who exposed her husband’s affair with a part-time female college student on the internet was sued by her husband for 'defamation.'
On the 20th, YTN Radio's 'Attorney Jo In-seop's Counseling Room' featured the story of Ms. A, who divorced her husband due to his affair with a female employee 16 years younger than him.
According to Ms. A, her husband, who ran a restaurant near a university in Seoul, exhibited suspicious behavior by frequently contacting Ms. C, a female college student 16 years his junior who worked part-time at the restaurant. When the frequency of contact between Mr. B and the part-time worker increased, Ms. A had a major argument with him, and they soon agreed to divorce.
One day, Ms. A became enraged after seeing photos posted by Ms. C on social networking services (SNS). The photos showed affectionate moments between Ms. C and Mr. B. In anger, Ms. A posted mosaic photos of the two?excluding their names and personal details?along with the location of the restaurant on an internet cafe, claiming that they were an adulterous couple.
Subsequently, Ms. A was sued for defamation by Mr. B and Ms. C. Mr. B claimed that he started dating Ms. C after the divorce and argued that Ms. A defamed him with false information.
Attorney Kim Gyuri of Shinsegae Law Firm, who reviewed the case, explained, "For defamation to be established, the victim must be identifiable." She added, "This applies not only to explicit mentions such as names but also to cases where acquaintances can infer the identity through details like age or occupation." In Ms. A’s case, posting mosaic photos and restaurant information could be considered defamation.
Although defamation involving 'false facts' carries heavier penalties, Attorney Kim pointed out, "For false fact defamation to be recognized, Ms. A must have known that the content she stated (the affair) was false." She noted, "However, it is somewhat unreasonable to assume that Ms. A perceived it as false."
Furthermore, she said, "Since the burden of proof for false fact defamation lies with the prosecutor, if there is no clear evidence, the judgment should favor Ms. A," indicating that the likelihood of Ms. A being found guilty of false fact defamation is low.
Netizens who read the story expressed anger with comments such as, "It seems like a clear affair; I feel sorry for the wife," "If he insists they met after the divorce, there’s nothing to say," "Why would you confidently post photos on SNS," "The real wrongdoers are elsewhere, yet it’s defamation," "After living like that, do they even have honor to defame?" and "Affairs should have personal details disclosed."
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