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How Is the Crime of False Accusation Defined Under Korean Law?

The requirements for the crime of false accusation are based on Article 156 of the Korean Criminal Act, and the offense is established when a person reports false facts to a public office or official for the purpose of causing another person to be subjected to criminal punishment or disciplinary action.

• The reported content must be false, differing from the objective facts
• The reporter must have been aware the report was false and intended for the other party to be punished
• The report must have been made to a state agency such as an investigative authority
• The false facts reported must themselves be capable of constituting a criminal offense or grounds for disciplinary action

All four of these requirements must be met for the crime of false accusation to be established.

Here, awareness need not be definite intent — conditional intent is sufficient — and as for purpose, merely being aware that the other party could be punished is enough; there is no need to actively wish for that outcome.

Also, even if the reported facts are false, if they do not themselves constitute a criminal offense or grounds for disciplinary action, false accusation is not established, and the mere fact that a complaint ended in a non-prosecution decision does not automatically mean false accusation has occurred.

However, if the reporter genuinely believed the report to be true, false accusation is not established. Here, "genuinely believing it to be true" means that, based on the objective facts known to the reporter, they were not even aware that the reported facts might be false or could be false.

This does not apply to a case where the reporter was aware of the possibility of falsity but disregarded it, unconditionally believing their own claim to be correct.

From Investigation to Trial: How Does the Process Unfold?

Once a false accusation allegation arises, the process typically unfolds as follows.

Recognition of the allegation or filing of a complaint - When the original case ends in a non-prosecution decision, the other party may file a counter-complaint, or the investigative authority may launch an ex officio investigation (note: this alone is not a requirement for establishing the offense)

Summons for questioning - Securing statements on the circumstances and purpose of the original report

Referral to the prosecution and determination of indictment - Reviewing whether the requirements for false accusation are met

Trial proceedings - Final sentencing determined in court

How the reporter's awareness and purpose at the time of the original report are explained has a decisive impact on the determination of whether the requirements for false accusation are met, so it is important to obtain legal assistance as soon as the allegation becomes known.

A Real Case Involving False Accusation

[A Case We Handled]

Ms. B, a woman in her 40s, filed a complaint against her spouse for assault during divorce proceedings, but the case ended in a non-prosecution decision due to insufficient evidence.

Her spouse then filed a counter-complaint for false accusation, and Ms. B visited Decent Law Firm seeking legal assistance.

Decent actively demonstrated that there were circumstances at the time of the report that reasonably led Ms. B to believe she had actually been assaulted, and as a result, a determination was reached that the requirements for false accusation were not met.

As this shows, because establishing the requirements for false accusation requires closely examining even the reporter's subjective awareness at the time of the report, the initial response can determine the outcome.

The Role of Defense Counsel, and Why You Should Work With Decent

Cases disputing the requirements for false accusation are an area requiring the following kind of specialized response.

• Precise analysis of the circumstances and supporting evidence behind the original report
• Legal defense concerning the determination of falsity and intent
• Securing the right to defense during questioning and establishing a sentencing strategy

Based on our experience handling numerous false accusation cases, Decent closely analyzes each client's situation and carefully reviews whether the requirements for false accusation are met, establishing a systematic defense strategy from the early stages of investigation through trial.

False accusation is a representative type of case in which the circumstances and purpose at the time of the report must be accurately explained.

If you have already been questioned or are about to be summoned, we recommend consulting first with defense counsel experienced in criminal cases rather than making decisions on your own.

Decent Law Firm will always provide prompt and accurate legal consultation to help you find the best direction for your situation.