Requirements for the Crime of False Accusation and Whether It Is Punishable

Based on 23 consultation cases · Updated October 4, 2026 · Translated from the Korean original.

The crime of false accusation may be established when a person reports information contrary to objective facts to a public office or public official with the purpose of causing another person to face criminal punishment or disciplinary action. The circumstances must be examined closely, including whether a core part of the report was false, whether the reported facts could have been subject to criminal punishment when reported, and whether the person making the report knew it was false.

People involved → Reporter → Reported person → Public office or official → A person reports another person to a public office or official → Was the report made to cause criminal punishment or discipline? → Yes, Criminal Act Article 156 → No → Was an important part of the report false against objective facts? → Yes → Could the reported facts be punished when reported, and did the reporter know or accept that the report might be false? → False accusation may be established → False accusation may not be established → Check core falsity and proof → Check whether the facts were punishable then → Check consent and what happened after filing → Incidental exaggeration or omission may not count. Difficulty proving truth alone does not prove falsity. → A clear expired limitation period or facts that do not constitute a crime may defeat this element. → Consent does not matter. Withdrawal or dismis…

Key points

The crime of false accusation is committed by reporting false information to a public office or public official for the purpose of causing another person to face criminal punishment or disciplinary action (Criminal Act, Article 156 (형법 제156조)).
Whether the reported information is false is determined by reference to objective truth, not the reporter’s belief. The inquiry focuses on whether a core or important part relevant to the elements of the crime is false (Supreme Court Decision 91Do1950, Oct. 11, 1991).
The falsity of the report must be affirmatively proved. The fact that it is difficult to establish that the report is true does not, by itself, establish that it is false (Supreme Court Decision 2011Do15767, Feb. 13, 2014).
The reporter need not be certain that the information is false. Conditional intent may also be found where a person reports facts without being convinced that they are true (Supreme Court Decision 96Do2417, Mar. 28, 1997).
The crime of false accusation may not be established if the false information is an exaggeration or omission of an incidental fact that does not materially affect whether a crime is established. Whether core information was fabricated must be assessed separately (Supreme Court Decision 2002Do5939, Jan. 24, 2003, and others).
When the report is made, the reported facts themselves must be capable of being subject to criminal punishment. The crime of false accusation may not be established if it is clear from the report alone that the statute of limitations for prosecution has already expired, or if the reported facts do not themselves constitute a crime (Supreme Court Decision 93Do3445, Feb. 8, 1994, and others).
The other person’s consent does not affect whether the crime of false accusation is established. By contrast, falsely accusing oneself does not satisfy the elements of that crime, but liability for instigating or aiding and abetting may be at issue if another person is made to file a false report against oneself (Supreme Court Decision 2005Do2712, Sept. 30, 2005; Supreme Court Decision 2008Do4852, Oct. 23, 2008).
The crime of false accusation is complete once a false complaint reaches an investigative agency. Subsequently getting the complaint back or having the complaint case dismissed does not affect whether the crime was established (Supreme Court Decision 84Do2215, Feb. 8, 1985).

Frequently asked questions

Q. Does making a report that differs from the facts always constitute the crime of false accusation?

Not necessarily. Whether a statement is false is determined based on objective facts, with particular attention to whether a core or important part of the report relevant to establishing a crime is false. Some exaggeration based on facts or the omission of incidental details alone may not constitute the crime of false accusation.

Case 9, Case 10, Case 11, Case 18, Case 19

Q. Can I be punished for false accusation if there is no evidence that my report is true?

The fact that it is difficult to establish that the report is true does not, by itself, mean that it is false. There must be affirmative proof that the reported facts are contrary to objective truth.

Case 15

Q. Can the crime of false accusation be established even if I did not want the other person to be punished?

You do not have to actually desire the other person’s punishment. The required purpose may be found if you knew that the false report could result in criminal punishment or disciplinary action against the other person. Accordingly, the crime of false accusation may be established even if you claim that you made the report to find someone or for another purpose.

Case 5

Q. Can I be punished for making a false accusation with the other person’s consent?

It can. The principal legal interest protected by the crime of false accusation is the proper exercise of the state’s criminal justice or disciplinary authority. Therefore, even if the other person agreed to the false accusation, that does not affect whether the crime is established.

Case 7

Q. Does falsely reporting that I am the offender constitute the crime of false accusation?

The act of falsely accusing yourself does not satisfy the elements of the crime of false accusation under the Criminal Act. However, if you make a false confession to obstruct the arrest or discovery of the actual offender, the crime of harboring a criminal may be at issue. If you have a third party make a false report against you, liability for instigating or aiding and abetting may be at issue.

Case 4, Case 13, Case 21

Q. Does the crime of false accusation not apply if I file a complaint and then immediately get it back?

The crime of false accusation may be complete once the false report reaches an investigative agency, including through the filing of a false complaint. Returning the complaint after it has been submitted, or the dismissal of the complaint case, does not undo a crime of false accusation that has already been established.

Case 20, Case 7

Q. Does reporting facts for which the statute of limitations has expired, or which are not a crime, constitute false accusation?

The reported facts must themselves be capable of being subject to criminal punishment. Accordingly, the crime of false accusation may not be established if it is clear from the report alone that the statute of limitations for prosecution has already expired, or if the reported facts do not themselves constitute a crime. However, if the facts were punishable when reported and case law changed afterward, that change does not affect an already-established crime of false accusation, absent special circumstances.

Case 3, Case 6, Case 14, Case 16, Case 22

Q. Does it constitute false accusation if I state false information that was not in my original complaint while answering questions from an investigative agency?

Merely answering questions from an investigative agency may not constitute the crime of false accusation because it is not a voluntary report. However, if during the investigation you voluntarily state additional facts or indicate that you intend to file a complaint based on those facts, the report may be considered voluntary.

Case 8

Q. Can a false petition made to someone other than the police or prosecution constitute the crime of false accusation?

The recipient of a report is not limited to an investigative agency. The crime of false accusation may also be established if a false petition is submitted to the President, who is in a position to prompt the exercise of official authority for criminal punishment. However, in the case discussed, disciplinary action by a school foundation against a teacher at a private school was held not to constitute a “disciplinary action” for purposes of the crime of false accusation.

Case 1, Case 23

Relevant laws

Criminal Act, Article 156 (형법 제156조)
Criminal Act, Article 9 (형법 제9조)
Criminal Act, Article 231 (형법 제231조)
Criminal Procedure Act, Article 249(1)(4) (형사소송법 제249조 제1항 제4호)
Criminal Procedure Act, Article 252(1) (형사소송법 제252조 제1항)
Minor Offenses Punishment Act, Article 1(5) (경범죄처벌법 제1조 제5호)
Private School Act, Article 53 (사립학교법 제53조)
Private School Act, Article 53-2 (사립학교법 제53조의2)
Private School Act, Article 54 (사립학교법 제54조)
former Attorney-at-Law Act, Article 92 (구 변호사법 제92조)
former Attorney-at-Law Act, Article 95 (구 변호사법 제95조)
former Attorney-at-Law Act, Article 96 (구 변호사법 제96조)
former Attorney-at-Law Act, Article 100 (구 변호사법 제100조)

Watch out for

Whether a report is false is not determined solely by whether the person making it knew the facts to be different. Both the objective facts and the substance of the report must be considered.
Some examples concerning the statute of limitations for prosecution or the period for filing a complaint are based on former laws. In particular, the explanation concerning rape as an offense prosecutable only upon complaint is based on the law before its amendment and should not be applied as-is to current cases.
Whether the reported facts themselves constitute a crime and whether they could have been subject to punishment when reported may affect whether the crime of false accusation is established. Even if the law or case law changes later, the situation at the time of the report must be considered.
Whether a matter qualifies as a “disciplinary action” for purposes of the crime of false accusation may be at issue, as with disciplinary action by a school foundation against a teacher at a private school. The recipient of the report and the nature of the authority to impose the action must therefore be distinguished.

Source cases

This guide was compiled by AI from the following Korea Legal Aid Corporation consultation cases (in Korean).

This guide is general legal information about Korean law, not legal advice for your situation. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (call 132 in Korea).