What people who have been unfairly accused in a criminal complaint and have received a 'no charges' disposition first think of is filing a false accusation against the accuser. However, many people think, "Since I am innocent, the accuser must naturally be guilty of false accusation," but in practice, proving false accusation is more complicated than expected.

Today, on the YouTube channel 'Legal Official' of the law firm Cheongchul, we clearly explain the 'essential requirements' that are necessary for false accusation to be established. In this post, we summarize the key points of what needs to be prepared for the punishment of false accusation based on the content of the video.

1) The reason that a no-charge disposition alone makes it difficult to punish for false accusation

Many clients come to us saying, "Since the police/prosecutors have issued a no-charge, please punish the accuser." However, punishment for false accusation cannot simply be achieved by the fact that I am innocent.

Our court tends to not recognize false accusation when the complainant has reported somewhat exaggerated or misunderstood facts. That is, if the accuser claims, "I truly believed it was a crime when I reported it," it is not easy to refute this assertion. Therefore, rather than an emotional response, a cool-headed legal review should be prioritized.

2) The key emphasized in the video: Proving the 'awareness of false facts (intent)'

The key keyword for the establishment of false accusation emphasized in the video is 'intent'. Legally, for false accusation to be established, it must be proven that the complainant reported with the purpose of punishing someone while knowing that the report was false.

• Simple misunderstanding or misperception: Not punishable

• Some exaggeration based on facts: Difficult to punish

• Malicious reporting knowing it was false: Establishing false accusation

Thus, extracting and proving the 'intent' that exists in the other person's mind is the core issue of false accusation cases.

3) Required condition for successful filing of false accusation: Objective evidence

Then, how can we prove the other person's intent? The video emphasizes the importance of 'objective evidence'. Merely expressing grievances is not enough.

What needs to be prepared for punishment for false accusation is 'this': material evidence that clearly shows the complainant's assertion is false.

• CCTV footage: Video materials that clearly show the situation at the time of the incident

• Messages/call recordings: Conversations that show the other party was aware that it was false before and after the report (e.g., signs of aiming for a settlement amount, apology messages, etc.)

• Testimonies of third parties: Statements from objective witnesses who observed the situation at the time

Through such objective evidence, it must be logically convinced to the investigative authorities that "the other party could only know it was a lie," enabling the indictment and punishment for false accusation.

4) Criminal specialist solutions from the law firm Cheongchul

False accusation is one of the crimes with complicated 'establishment conditions'. If one hastily proceeds with a countercomplaint, it might actually lead to giving the other party a get-out-of-jail-free card or, conversely, bring about suspicion of being the one falsely accusing.

Therefore, if you are considering filing a false accusation, it’s essential to identify 'clear false facts' in the other party's report with a criminal defense attorney and collect evidence to prove it while drafting the complaint. The law firm Cheongchul provides meticulous legal solutions to alleviate the client’s grievances from the early stages of the investigation and hold the unlawful accuser accountable.

"If you need a decisive response to an unfair accusation"

It’s time to legally return the pain caused by the other party's malicious accusation. However, false accusation cannot be resolved solely with emotions. The criminal team of the law firm Cheongchul will thoroughly analyze your case, diagnose the possibility of establishing false accusation, and present the optimal response strategy.