The “crime of insult” and the “crime of defamation of a dead person” under the Criminal Act and the “crime of online defamation” under the Network Act all share the common feature of protecting interests in “reputation,” i.e. social evaluation of the value of an individual. At the same time, there is a difference between the first two crimes and the latter crime. The first two are less severe offenses than the latter. The “crime of insult” is the expression of abstract opinion and emotion, rather than concrete fact, about the victim, and the “crime of defamation of a dead person” is the publication of false facts about a dead person as opposed to a live one. In comparison, the “crime of online defamation” under the Network Act is more wrongful behavior and produces a more unjust outcome because it is the disclosure of a false fact through an information and communications network for purposes of disparagement. Since an investigation of and prosecution for chingojoe may be instituted only upon a criminal complaint by the victim, the enlargement of the scope of chingojoe provides greater respect for the will of victims. This enlargement, however, may dissuade those victims who are in fear of retaliation by the offender or of injury to their reputations from filing criminal complaints. Conversely, the enlargement of the scope of baneuisabulbeoljoe facilitates damage compensation by perpetrators, as well as agreement between perpetrators and victims, because an investigation of and prosecution for baneuisabulbeoljoe may be initiated without a criminal complaint by the victim. However, an investigation of a relatively minor offense might run counter to the will of the victim if commenced without a criminal complaint by him or her. For these reasons, it cannot be assumed that the enlargement of either type of crime is necessarily reasonable. The legislature decided whether an offense should be included in the category of chingojoe or baneuisabulbeoljoe, based on the above-mentioned considerations and the balancing of various factors, such as harmony of the benefit of exercising prosecutorial authority and the benefit of - 44 -