This blog provides general legal information that may help the Korean community. However, the application may vary depending on individual circumstances, so if you encounter a real problem, it is recommended to consult a professional directly. WEB PROMO does not guarantee the content of this article and assumes no responsibility for any results arising from this information.

You? Sue!

I am a civil litigation attorney living in Georgia. During consultations about lawsuits, I have seen a significant increase in inquiries related to 'angry bomb comments' posted on Google Business reviews or local community sites. "XXX apartments are unlivable, OO store employees are rude, ABC hospital is a scam, OOO attorney only cares about money..." While some of these places have issues, some comments cross legal lines and make you think, 'Ah, this could lead to a lawsuit.'

Nowadays, anyone can post their opinions online with just a keyboard, but it is essential to understand that there are legal limits to freedom of expression.

When you wonder, 'Can I post this as a comment or on social media?' I hope you remember the following points well.

First, how far can you go in criticizing a restaurant?

Comments like the food is salty, the service is slow, or the restroom is dirty are considered 'opinions.' They are protected by freedom of expression. Writing on Yelp, "The meat is tough. I will never go back" is perfectly fine. It is your right as a consumer. However, if you write specific false facts that harm the establishment, the situation changes.

For example, if you write, "This restaurant used spoiled ingredients, and my friend got food poisoning," and that is not true, it could be considered defamation. Especially if there is substantial harm to the business, it could lead to a civil lawsuit.

"The owner was very rude" is acceptable. But if you say, "The owner of this Chinese restaurant must have gotten divorced because of how they run their business," that is a lawsuit waiting to happen. Attacks on character, invasion of privacy, or mentioning family members go into very dangerous territory. If specific individuals' divorces, bankruptcies, or private information have never been reported in the media or disclosed by the individuals themselves, it constitutes an invasion of privacy.

When you want to shout, "XXX, pay me back!"

Posting online, "Mr. Kim, pay me back. You borrowed $5,000 and disappeared" is also risky. You may feel wronged for posting it, but personal financial issues are civil matters, and publicly mentioning them with names can lead to defamation.

Many people are mistaken. "I didn't lie, and he really didn't pay me back! What's the problem?"

What matters more than the truth is the fact that you made that information 'public.' Whether it is a civil dispute or a financial issue, once you post the debtor's name and details on a community website or social media, defamation can be established. The crucial fact is that even if the information is true, if it harms the individual's social reputation without serving the public interest, it becomes illegal.

Especially, don't think you are safe just because you use initials. "Mr. H, who runs a business XX, has no intention of paying me back $3,000... He travels back and forth to Korea without a care..."

If the post includes the person's job or photo, or any identifiable elements, defamation can be established. Legally, the term "identifiability" is crucial; even if you don't use real names, if someone can guess who it is, that's enough.

The unfortunate reality is this: as a victim of not receiving money, I could end up being sued by the perpetrator for posting something incorrectly. Defamation, invasion of privacy, insult, and even obstruction of business can lead to both civil and criminal proceedings. Especially if the other party is a business person and the post causes them to lose customers or break contracts, it could add 'business obstruction' to the charges.

Social media is not a debt collection tool. I understand the desire to write on Facebook, Instagram, or KakaoTalk open chat, "That person isn't paying me back!" But that one line could turn into defamation or invasion of privacy. Even if the other party has indeed not paid back and the borrowing is clear, you should not disclose sensitive information like names, faces, or family situations publicly.

If you really need to get your money back, the first thing to do is to use private messaging instead of public posts. It is important to request politely but firmly through methods that only the parties involved can see, like KakaoTalk 1:1, text messages, or emails, and to keep that content as evidence if possible.

And getting legal help is the best option. In the U.S., the standards vary slightly by state, but generally, if the amount is below $7,000 to $10,000, you can use Small Claims Court. This process is relatively inexpensive, quick, and the paperwork is straightforward. You can get help from a lawyer, but in most states, the lawyer cannot enter the courtroom on the day of the trial. However, it is possible to receive advice during the preparation process or have them handle the paperwork.

Business reviews and personal attacks are different

In the past, one of my clients who ran a yoga studio was sued after a former student posted on Instagram, "This teacher only takes care of male members who are fit and ignores the women. The class isn't worth the fee." It didn't go to trial, but they reached a settlement, deleted the post, and issued an apology. Business reviews are fine if they are legitimate consumer opinions, but if emotions take over and distort or exaggerate intentions, or if there is a feeling of animosity towards a specific person, it becomes problematic. A slight difference in expression can turn a 'consumer review' into a 'personal attack.'

Can I post about divorce, relationships, or friend issues?

There are many such posts in communities these days. "My ex-boyfriend cheated on me. Do you know who he is with? The woman's name is OOO. Be careful" is 100% defamation. Some people think it's okay if they don't use real names and just initials, but if the person is identifiable, defamation can still be established without using real names. Additionally, even if the information is not false, if it can harm someone's reputation socially, it is illegal. For example, saying, "This man has severe depression and keeps getting fired from his job" is true but constitutes an invasion of privacy and character attack.

What I want to convey as a lawyer

Once something is posted online, it remains as evidence. Even if you delete it, it can be captured, remain in Google cache, and spread via DMs.

"I wrote it in a fit of anger after drinking" is not an excuse. The court looks at the 'illegality of the content' rather than 'the emotional state of the writer.'

When you want to write something, ask yourself these questions.

1. Is this writing an objective fact?

2. Is this fact for the public good?

3. Does this writing contain unnecessary personal attacks or character-defaming content?

If you find any part of these three that you feel is 'not right...', it could lead to misunderstandings or legal issues later on.