The conundrum of this Article is what really is “another person’s body, which may cause any sexual stimulus or shame.” This has been a subject of a long debate among scholars and courts. In Korean, it is traditionally abbreviated as “몰카( molka)” meaning ”a hidden camera.” Nowadays it is officially called ”불법촬영물( bulbeob chwalyoungmul)” meaning ”an illegally filmed video.” Paragraph (1) is the most basic type of crime, the filming against the will of the victim using a camera (or anything camera-like). (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. In this article, we are going to overview the briefs of the crimes using cameras.Īrticle 14 (Taking Photographs or Videos by Using Cameras) Starting with filming against the will, the Special Act on Sexual Crimes additionally stipulated “distribution against the will,” ”habitual filming,” and ”false video products (deep fake)” as sex crimes. In 2011, the right not to be filmed came to be acknowledged as a matter of both sexual self-determination and the portrait right, and the Act On Special Cases Concerning The Punishment Of Sexual Crimes (성폭력범죄의 처벌 등에 관한 특례법) was enacted.Īct On Special Cases Concerning The Punishment Of Sexual Crimes (informally, Special Act on Sexual Crimes) came to stipulate filming against the will of the victim as a ”sex crime,” starting in 2011.
Requiring voice for protection became loud and vivid. Once certain images are uploaded onto the Internet, they spread out widely and permanently, and they did devastating damage to the victims’ honor, reputation, and personality. However, the development of the Internet, mobile phones, and other technology devices made this problem severe. The victim’s body and the self-determination of having sex are preserved. It was understood as more of a portrait right rather than a matter of sexual self-determination. In the classic perspective, taking a picture does no harm to the body and self-determination. One of the problems of such crimes was that it does not involve any physical touch. Taking photographs, videos, and distributing such products soon became a serious social crime. However, along with the development of filming devices and computer technologies, new kinds of crimes have emerged. Sexual self-determination was understood as a matter of body and physical touch. Similar principles are applied to various sex crimes.
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If your free will of having sexual intercourse was infringed by force or intimidation, or by substances such as alcohol, then it is rape.
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In 2019 Korean police uncovered an enormous, organised ‘spycam ring’, operating hundreds of tiny cameras hidden in power sockets and TV screens were found in hotels across 10 different cities, and used to secretly film guests.Īround 1600 people had fallen victim to the syndicate that was secretly filming guests in their rooms at the South Korean hotels before they were discovered by police.Crimes Using Cameras in Korea | Sex Crime Laws JJadminĬlassic sex crime laws are mainly a matter of sexual self-determination. In 2017 Seoul’s Metropolitan Police established a special branch dedicated to checking hotels and public toilets for hidden cameras.
In the space of five years South Korean police have had over 30,000 reports of illicit recording devices found in public places, according to a report by Time magazine. This included K-pop star Jung Joon-young who admitted he had secretly filmed himself having sex with women and sharing the footage without their knowledge or consent.
In 2019 the country was rocked by the scandal of high-profile celebrities being charged for the crime. The phenomenon called “molka” refers to spy cameras left to film people, mostly women, in private places such as hotel rooms.
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