If a complaint ends with a finding of no suspicion, is the other party guilty of false accusation? [Everyday Life That Became a Case, by Attorney Won Hee-young]

[Financial News]“Now that there’s been a finding of no suspicion, I can file a false-accusation complaint against the other party, right?”After being cleared of the allegations in a case brought against them, people may want to hold the other party responsible. They had to put work on hold to attend questioning and dig through old conversations to submit evidence. Some may have waited for the investigation’s outcome without being able to confide easily in their family. They want to ease this sense of injustice, even if it means filing a false-accusation complaint against the complainant.
But a finding of no suspicion alone does not make the complainant guilty of false accusation. If you are considering filing such a complaint, read the reason for the decision before focusing on the words “no suspicion” in the notice of the outcome.
The Criminal Act punishes as false accusation the act of reporting false facts to a public office or public official with the aim of causing another person to face criminal or disciplinary punishment. The reported facts must be objectively false, and the person making the report must have known this.
Suppose two people are arguing and one reports that the other hit them. The other person denies the assault, and there are no witnesses or video footage of the scene. Even if investigators review other evidence and conclude that it is difficult to establish the assault charge, that does not mean the complainant made the incident up.
The Supreme Court holds that the falsity of the reported facts must be affirmatively proven. A conviction for false accusation cannot be based solely on a lack of evidence proving that the report was true.
If it is established that the complaint was factually inaccurate, it must also be proven that the complainant knew this when making the report. Even if the reported facts were inaccurate, the intent required for false accusation may not be established if the complainant reported them believing they were true. But if the complainant recognized that they might be false and went ahead with the report, that intent may be established.
A complaint may state that the complainant never heard a particular explanation, while earlier messages may show that they acknowledged and responded to it. This could be evidence that the complainant knew the statement was false. However, if the response concerned a different transaction, it may be difficult to prove that the complaint in question was false.

There are cases in which someone lends money, is not repaid, files a fraud complaint, and the case ends with a finding of no suspicion. That is because the mere fact that the money was not repaid does not establish that the borrower deceived the lender from the outset. If the complainant truthfully reports what was said when the money was lent and how it was transferred, mistakenly believing that the conduct amounted to fraud does not constitute false accusation.
On the other hand, there are cases in which someone invents words they never actually heard and files a complaint. For example: “I lent them money because they said they would repay it by selling property they owned.” If that lie is a material fact affecting whether the fraud charge can be established—by alleging deception about their assets or ability to repay—it may constitute false accusation.

Some of several charges may be referred to prosecutors, while others are not. You should not single out the charges that were not referred and claim, “This part has been proven to be a false complaint.”
A complainant may have filed charges over the same conduct under several offense names, while investigators found that only some of those offenses’ elements were met. In that case, a decision not to refer the matter to prosecutors does not, by itself, mean the reported facts were false. Even if part of the report was inaccurate, false accusation is not established if the complainant merely exaggerated peripheral details that do not affect whether a crime was committed.
The referral of some charges does not rule out false accusation with respect to the rest. Even if an assault charge is referred to prosecutors, if the theft reported in the same complaint was made up, the theft allegation may separately constitute false accusation. A report concerning the same incident may also constitute false accusation if an important false detail was added that changed the nature of the complaint as a whole.

You do not have to wait until the original case ends with a finding of no suspicion or a final acquittal to file a false-accusation complaint. If you have obtained evidence supporting both the falsity of the report and the complainant’s knowledge of it, you can file a complaint while the original case is still ongoing. You should also compare the prior statements with the new complaint to check that they do not describe the same facts differently.
If the two sides’ accounts conflict and there is no evidence supporting a claim of false reporting, it is better to focus first on defending yourself in the original case. Once a decision is issued, compare its reasoning and any investigation records you can access with the contents of the complaint. If you cannot find evidence that the complaint was factually false, it is better not to rush into filing a false-accusation complaint merely because you received a finding of no suspicion.
If you are also being threatened, preserve the threatening messages and report them to investigators, regardless of whether you file a false-accusation complaint. The fact that you were threatened does not make the original complaint false.
Even if you delay filing a complaint, do not put off preserving evidence. Video footage may be erased once its retention period expires, and conversation records may also be deleted. Preserve the materials first, check the statute of limitations, and then decide when to file in light of the progress of the original case.

Among the cases the author has handled was one in which a complainant who had falsely reported being the victim of a sex crime threatened the other party using recorded material. The complainant was then the subject of counter-complaints for false accusation and threats involving recorded material. During the investigation, a warrant to search and seize the complainant’s mobile phone was also issued.
Someone who files a false-accusation complaint can, in turn, be accused of false accusation. The fact that their own complaint ended with a finding of no suspicion does not, by itself, make them guilty of false accusation. But if they knowingly reported false facts in order to have the other party punished, that complaint may itself constitute false accusation.
Do not let anger lead you to include words the other party never said in your complaint. The fact that they disliked you or that you had a serious argument does not substitute for evidence of a false report.
Before filing a complaint, examine each statement you claim is false alongside the evidence that refutes it. A lawyer reviews the investigation records from the original case to check whether the evidence that helped clear the client also supports the claim that the other party made a false report and knew it was false.
If you are questioned as a suspect again, responding to the investigation will cost time and money even if it does not lead to punishment. You may file a complaint thinking, “You made me suffer, so now you should suffer too,” only to find yourself back in the interrogation room explaining the allegations against you.
[About the Author]Attorney Won Hee-young is a former Financial News reporter and currently handles criminal cases at YK Law Firm. Won Hee-young graduated from Ewha Womans University, earned a master’s degree in journalism and communications from the Graduate School of Seoul National University, and graduated from Ewha Womans University School of Law. She examines the moments when ordinary life turns into a legal dispute and explains the key issues that shape case outcomes and practical ways to respond.
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