Court: Supreme Court of Korea
Case: 2023도8410
Decision Date: January 29, 2026


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Key Facts

The dispute arose among residents involved in organizing an incoming apartment residents’ committee in Incheon.

Two residents, A and B, were both active in a temporary residents’ committee formed before the apartment move-in.

In July 2019, both individuals were elected as building representatives.

At the time, there was controversy among residents about how membership fees were being used by a residents’ association.

During discussions and conversations with other residents, A referred to B as “the construction company’s X-Man.”

The phrase implied that B might be secretly helping the construction company rather than representing residents’ interests.



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Lower Court Rulings

Trial Court

Found A guilty of criminal insult (모욕).

Imposed a fine of 700,000 KRW.


Appeals Court

Agreed that some statements were insulting.

Reduced the penalty to a 500,000 KRW fine.




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Supreme Court Decision

The Supreme Court overturned the conviction and sent the case back for retrial.

Key reasoning:

The phrase “X-Man” is commonly used in everyday language to describe someone who appears to support an opposing side within a group.

The Court found the expression to be a relatively mild and abstract critical remark, rather than a direct attack on a person’s dignity.

A’s comments were made while raising suspicions about committee activities and financial transparency, which were matters of public interest within the residents’ group.

Even if the statement caused B to defend himself against suspicion, that alone does not amount to criminal insult.



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Legal Takeaway

Under Korean criminal law, not every negative or critical remark constitutes the crime of insult.

Courts will consider:

Context of the statement

Public interest in the issue

Common meaning and severity of the words used


Expressions that are mild, abstract, or commonly used in public debate may fall within acceptable criticism, even if they are unpleasant.

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=217392