Court Protects Consumer’s Right to Criticize Online Learning Service (Image supported by ChatGPT)
GIMCHEON, July 30 (Korea Bizwire) — A South Korean court has ruled in favor of a consumer who faced a 100 million won ($77,000) damages lawsuit after posting a negative review of an online lecture, affirming that such commentary falls under protected freedom of expression.
According to the Korea Legal Aid Corporation on Wednesday, both the Seoul Western District Court and the appeals court dismissed the civil lawsuit filed by the operator of an online education company, identified as Mr. A, against a former student, Mr. B.
Mr. B had enrolled in Mr. A’s online lecture program in August 2021, paying 300,000 won ($230) per month for four months. In March 2022, responding to a comment on an internet forum run by the company, Mr. B wrote, “It was a waste of money.”
Mr. A filed criminal charges for defamation and business interference, but prosecutors declined to indict Mr. B. Undeterred, Mr. A pursued a civil lawsuit, claiming that the comment led to customer attrition and revenue loss, and sought 100 million won in damages.
Represented by the Korea Legal Aid Corporation, Mr. B’s legal team argued that the remark was a subjective opinion, not a factual assertion, and thus constitutionally protected speech. The court agreed, stating that the review constituted a value judgment, not defamation or obstruction of business, and that Mr. A failed to establish a causal link between the comment and any business loss.
Mr. A later reduced the claim to 45 million won on appeal, but the court again ruled in Mr. B’s favor.
“This ruling is significant because it reaffirms that consumer reviews and evaluations posted online are protected expressions,” said attorney Eom Wook of the Legal Aid Corporation. “It marks a meaningful step in defending consumer rights and freedom of speech in the digital space.”
M. H. Lee (mhlee@koreabizwire.com)
