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Korean Law Demystified!

“She’s on Medication for Depression”: Professor Criminally Fined for Disclosing Student’s Mental Health Treatment

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A university professor who told another student that his advisee was receiving treatment for depression has been convicted of defamation — with the court finding that disclosing a true fact about someone’s mental health condition to a third party constitutes criminal defamation under Korean law. Here are the key points.

Issue

Does disclosing to a third party that another person is receiving treatment for depression — a true statement — constitute criminal defamation under Korean law?

Facts

  • A, a university professor, became aware in October 2021 that B, a student under his academic supervision, was receiving treatment for depression.
  • In December 2022, while speaking with another student, C, about B, A said: “There’s something wrong with her mentally. She has depression. She’s taking medication.”
  • A was charged with defamation by disclosure of true facts (사실적시 명예훼손) under the Criminal Act.
  • A denied having made the statements. However, witness C testified consistently from the police investigation stage through to trial, and another student, D, separately stated that A had made similar remarks to them as well. The court found C’s testimony credible.

Court Decision

  • Seoul Western District Court (Criminal Division 7, Judge Lee Tae-yeong) convicted A and imposed a fine of ₩1 million on June 11, 2026.
  • The court found that disclosing B’s depression diagnosis and medication to another student in a public-facing context constituted defamation by disclosure of true facts — damaging B’s reputation by publicly stating information about her mental health condition, regardless of its accuracy.
  • In setting the fine, the court weighed the nature and content of the defamatory statements, the degree of harm to B, B’s request for severe punishment, and the absence of any prior similar offenses on A’s record.

Key Takeaways

  • Korean criminal law recognizes defamation by true facts as well as false ones. Telling a third party that someone has depression and is on medication — even if accurate — can constitute criminal defamation if it damages the subject’s reputation and is made publicly.
  • Mental health information is particularly sensitive. Disclosing that a student is receiving psychiatric treatment carries a significant reputational impact in the Korean social and academic context, which supports a finding that such disclosure damages reputation even without any false element.
  • The supervisory relationship between professor and student makes the breach more serious: A became aware of B’s condition in the course of his academic advisory role, creating an implicit expectation of confidentiality that the disclosure violated.
  • Consistent witness testimony from multiple sources — including a second student who heard similar remarks — was sufficient to overcome A’s denial and establish the factual basis for conviction.

Why This Matters

This case serves as a clear reminder that in Korea, the obligation to protect sensitive personal information — including mental health conditions — is not limited to formal data protection law. Sharing such information with third parties, even in casual conversation, can give rise to criminal liability under the defamation provisions of the Criminal Act. For academic institutions, the ruling reinforces the importance of training faculty on the confidentiality obligations that attach to sensitive student information they acquire through their supervisory roles. For students, it confirms that disclosures of this kind are not merely ethical violations — they are prosecutable offenses.

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=224540

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