• Whether the statements constituted false factual allegations;

• Whether the statements were made with the purpose of defamation;

• Whether the elements of criminal defamation were satisfied.

3. Legal Strategy

Attorneys Gwang‑hee Cho, Jun‑woo Park, and Sung‑hyun Choi of One Law Partners, LLC focused on the contents of the online postings and objective supporting evidence.

· Establishing the Existence of Objective Facts
The attorneys emphasized that the contents of the clients' postings were based on matters that had already been reported in news articles and were therefore supported by objective facts.
In addition, they demonstrated that many of the issues raised had been the subject of longstanding concern among shareholders and that certain expressions used in the postings had already appeared in multiple media reports and public discussions. The postings merely quoted or referenced those publicly available materials.

· Demonstrating the Purpose of Opinion Expression
The attorneys explained that the clients had expressed their views regarding matters of public concern directly related to the common interests of shareholders.
They further argued that the purpose of the postings was not to maliciously attack the company, but rather to raise concerns regarding the management and governance of a listed company and to advocate for the protection of shareholder value.
 

4. Significance of the Decision

The police accepted the arguments presented by One Law Partners, LLC and issued a decision not to refer the case for prosecution.
The police concluded that the clients did not act with the purpose of defamation and that the legal elements of both criminal defamation and impairment of credit were not satisfied.

This case confirms that where shareholders of a listed company express critical opinions regarding corporate management policies and governance based on objective facts, such statements cannot automatically be characterized as defamatory.
The decision is particularly significant because it reaffirms that legitimate shareholder oversight and expressions of opinion deserve legal protection, and that criticism of matters of public concern must be distinguished from malicious attacks intended solely to damage reputation.
 

Attorney Gwang‑hee Cho | khcho@onelawpartners.com
Attorney Jun‑woo Park | jwpark@onelawpartners.com
Attorney Sung‑hyun Choi | shchoi@onelawpartners.com
 

Public Relations Team, One Law Partners, LLC | pr@onelawpartners.com