'Minor expletive not severe enough to damage reputation'

Photo not related to article. [Getty Images Bank]
Photo not related to article. [Getty Images Bank]

The Supreme Court has ruled that a resident who hurled expletives at a neighbor during a noise dispute cannot be convicted of criminal insult.

The Supreme Court's First Division, presided over by Justice Shin Suk-hee, overturned a lower court ruling Friday that had fined A, who was charged with insult, 1 million won ($681), and sent the case back to the Daegu District Court.

In October 2022, A called police to complain about noise from a neighbor in an apartment building, but officers withdrew and told the parties to resolve the matter through the building management office. A then went to neighbor B's unit with a management office employee, and an altercation broke out.

A was indicted on charges of insulting B after shouting expletives including "Hey, you son of a b----" during the confrontation.

Both the first and second instance courts found A guilty and imposed a fine of 1 million won.

The lower courts reasoned that because the outburst occurred in an apartment hallway late at night — when most residents were home — an unspecified number of people could have witnessed it.

The Supreme Court disagreed, ruling that expletives that merely cause displeasure do not meet the threshold for criminal insult.

"If an expression is merely rude or discourteous enough to offend the other party, or if a minor abstract expression or expletive is used to convey negative or critical feelings toward the other party, it cannot ordinarily be regarded as an expression capable of damaging that person's external reputation," the court said, finding that the conduct did not satisfy the elements of the offense.


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