Imagine being on a bus, thinking it’s just another ordinary day, only to discover someone secretly taking your photo without your permission.
Such incidents not only invade privacy but also raise significant legal and moral questions.
In this blog, we’ll explore a real-life case tried in the Court.
(Reference cases: Daejeon District Court 20○○Godan○○ ruling [Violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Taking Photographs by Using Cameras)]; Daejeon District Court 20○○No○○ ruling [Violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Taking Photographs by Using Cameras) ])
This case will help us understand how South Korean courts assess allegations of non-consensual filming and the importance of intent and evidence in such decisions.
The story begins on a city bus.
The defendant, seated at the very back, noticed a fellow passenger—a woman wearing a skirt that revealed part of her thighs.
The defendant took out his phone, activated the camera, and captured the woman’s whole body as a Full-shot, including her legs.
But it didn’t stop there.
Moments later, he sent the photos to a friend.
The defendant was charged under the ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF SEXUAL CRIMES, which criminalizes filming someone’s body without consent in a way that could provoke sexual stimulus or shame.
ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF SEXUAL CRIMES
Article 14 (Taking Photographs or Videos by Using Cameras)
(1) A person who takes photographs or videos of another person's body, which may cause any sexual stimulus or shame against the will of the person who was shot, by using a camera or other mechanism which has functions similar thereto, shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 50 million won. <Amended on Dec. 18, 2018; May 19, 2020>
The First Trial: Examining the Evidence
When the case reached the courtroom, it was clear this wasn’t a straightforward matter.
The photo were presented as key evidence.
It showed the victim seated, her full body visible, but without any particular emphasis on her legs or other body parts.
The image, appeared to reflect what anyone nearby could see without special angles or techniques.
The court questioned whether these photos truly met the legal definition of being sexually exploitative.
While the victim’s distress was evident, the law requires an objective standard: would an average person find these images provocative or shame-inducing?
After careful consideration, the court concluded that the photos didn’t cross this line.
Additionally, there wasn’t enough evidence to prove beyond doubt that the defendant’s actions were intended to exploit the victim’s appearance.
As a result, the defendant was acquitted.
The Appeal: A Second Look at the Case
Unwilling to accept the verdict, the prosecution filed an appeal.
The prosecutor argued that the defendant’s intent was clear.
The prosecutor pointed that the defendant had moved seats deliberately to position himself next to the victim.
The prosecutor argued that the photo, while appearing casual, did focus on her exposed thighs.
Finally, the victim’s emotional distress, including feelings of humiliation and violation, was presented as undeniable proof of harm.
Yet the appellate court remained unconvinced.
They reviewed the evidence again, emphasizing that the photos, lacked the provocative focus required by law.
The court acknowledged the victim’s pain and agreed that the defendant’s actions were unsettling and inappropriate.
However, it ultimately ruled that the images did not depict parts of the body in a manner that could objectively induce sexual desire or shame.
With this reasoning, the appeal by the prosecutor was dismissed, and the original verdict was upheld.
Finding Clarity in Legal Complexity
While the victim’s feelings and experiences are central, the law requires a clear standard to convict.
The focus on intent, evidence, and the perspective of an average person plays a pivotal role in shaping legal outcomes.
Whether you’re a concerned citizen or someone seeking legal guidance, understanding these nuances is essential.
If you ever face a similar situation or need help navigating South Korea’s laws on privacy and consent, consulting a knowledgeable attorney can make all the difference.
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