Taking Photographs or Videos by Using Cameras

Taking Photographs or Videos

ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. 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.

(2) A person who distributes, sells, leases, provides, or openly exhibits or shows (hereinafter referred to as "distribution, etc.") a photograph taken under paragraph (1) or its duplicate (including a duplicate of its duplicate; hereafter in this paragraph, the same shall apply) or a person who makes the distribution, etc. of a photograph or video taken under paragraph (1) or its duplicate against the will of the person shot after the photograph or video taken under paragraph (1) was not against the will of the person shot (including a person who takes his/her body himself/herself) as at the time such photograph or video was taken, shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 50 million won.

(3) For the purpose of making profits by using an information and communications network (hereinafter referred to as "information and communications network") referred to in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, a person who commits a crime under paragraph (2) against the will of a person shot, shall be punished by imprisonment with labor for a limited term of at least three years.

(4) A person who possesses or has seen or purchased the photograph or its duplicates referred to in paragraph (1) or (2) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. 

(5) A person who habitually commits any of the crimes provided for in paragraph (1) through (3) shall be aggravatingly punished by up to 1/2 of the punishment for each crime.

Criminal Defense for Foreigners in Korea

If you find yourself involved in any crime in the Republic of Korea as a foreigner, be sure to get proper legal advice as soon as possible. There are higher chances for foreigners to be detained as in many cases foreigners do not have fixed housing and have the possibility of fleeing Korea.

Also, foreigners are not familiar with Korean legal procedures and are facing a hard time when asking for help due to trouble in communication. Therefore, it is better to have english-speaking attorney, but most importantly your attorney should own expertise in both South Korean Criminal Law and Immigration law. Even though the case is settled with the victim, there still left possibility of getting restricted to extend your legal stay in South Korea, after reviewed by South Korean immigration authorities.

Yeohae Law Firm, Pyoung-ho Kim - an English speaking lawyer in Korea is here to provide you with the best possible legal approaches.

Excellent Lawyer Award from Korean Bar Association

Pyoung-ho Kim, Representative Attorney, received the Excellent Lawyer Award from Korean Bar Association recognized his passion and devotion to his cases and clients. We provide specialized lawyer services for all foreigners in Korea.

FAQ

Q. In Korea, if the victim did not sue or file a complaint, will the perpetrator get punishment for taking photos or videos without consent ?

A. The perpetrator will get punished even if the victim did not file a complaint or cancel the file.

Q. Even if we were dating at the time of filming, will he or she be punished for spreading the pictures?

A. Even if the victim agreed to take the picture during dating, he or she will be punished for spreading pictures without consent.

Q. If the picture or video was taken by the victim, will the perpetrator be punished for spreading the picture?

A.Even if the victim filmed it and directly sent it by herself/himself, the perpetrator will be punished if he or she spreads the picture against the victim's consent.

Q. Even if it is just a picture of a leg, not naked body, will the perpetrator be punished?

A. In this case, the way the picture was taken such as the location, angle, distance and whether a specific body part has been highlighted or not has to be considered and shall be punished.

Q. Will the punishment be made for getting into the women's toilet?

A. person who intrudes upon any publicly used place used by many and unspecified people such as toilet or public bath with intent to satisfy his/her own sexual urges, shall be punished

Q. Will I get punished if I only have the hidden camera video that was sent by my friend?

A. The possession of hidden camera video footage can get punished.

Q. What is the statute of limitations for taking photographs or videos?

A. The statute of limitations for taking photographs or videos is 7 years, and 10 years for commercial purposes. However, in certain cases, the statute of limitations may be suspended.

Q. Can I get a consultation in foreign language ?

A. In the present, we provide English, Vietnam and Thai consultation. For any other languages, prior reservation is needed.

Q. When should I appoint a lawyer ?

A. The most important thing is the statement you will give to the police during the investigation. Therefore, we recommend you to appoint the lawyer to represent you during the police investigation.

Q. Is there any disadvantage or penalty if I refuse to give a statement to the police?

A. You have your right to refuse to give the statement. However, in case that there is clear evidence, by refusing to make a statement, it will be more disadvantageous to you.

Q. Can I say to the police that I will give a statement after the lawyer has arrived?

A. Foreigners have the right to be assisted by a lawyer. It is better to say that you will be investigated after a lawyer arrives because what you said in the absence of a lawyer can work against you.

Q. Can the victim assist a lawyer?

A. Victims can assist a lawyer, Yeohae law firm are currently helping victims. We are working on writing complaints, investigating processes, and submitting a written opinion to make perpetrators take proper legal responsibility.

Find out about rape

A crime of committing adultery or similar sexual acts by using violence, intimidation, inability to resist due to alcohol or drugs, etc.

Find out about indecent assault

Violence, intimidation, or abruptly touching another person's body to make them feel sexually humiliated

Get a free consultation

Tel: 02-537-4455 Kakao Takl: “여해법률사무소”
Business hours: Mon-Fri 9:30 ~ 6:00
info@leesunsin.com
+82-2-537-4455

Parties to the litigation we conducted

Certifications and Awards