<Case Snapshot>

Court: Incheon District Court Bucheon Branch

Decision Date: November 27, 2025

Type of Case: Civil damages following criminal conviction for false accusation

Damages Awarded: ₩24.4 million

(Moral damages: ₩20 million +

Attorney’s fees: ₩4.4 million)


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Background Facts

The parties met through a dating application in 2019.

In July 2021, B accused A of:

– Sexual assault

– Rape

– Illegal filming under the Sexual Violence Punishment Act


Prosecutors found no evidence.

All sexual-offense charges were dismissed as groundless.

A subsequent attempt to force prosecution was also rejected.



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Criminal Proceedings for False Accusation

In April 2022, A filed a criminal complaint against B for false accusation.

The court found that:

The sexual encounter was consensual.

B knowingly submitted false complaints and testimony.


In August 2023, B was convicted of false accusation.

Sentence: 10 months’ imprisonment, suspended for 2 years.

The conviction was affirmed by the Supreme Court.



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Civil Court’s Key Findings

The court held that:

Filing a knowingly false sexual-assault complaint constitutes a serious tort.

Exposing someone to the risk of wrongful criminal conviction causes inherent psychological harm.


The judge emphasized:

Even if no wrongful conviction occurs, the mere risk is sufficient to establish mental suffering.

This principle follows common experience and legal reasoning.



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Damages Breakdown

– ₩20 million in emotional distress damages.

(For severe psychological harm caused by false criminal accusations.)


– ₩4.4 million in legal expenses.

(Attorney’s fees reasonably incurred to defend against the false charges.)



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Why This Case Matters

False sexual-assault accusations can lead to both criminal punishment and civil liability.

Courts recognize:

The extreme reputational and psychological harm caused by malicious accusations.

Legal costs incurred to defend against false charges are recoverable.


The ruling sends a clear message:

Abuse of the criminal justice system itself constitutes a serious unlawful act.

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=215313