Can digital sex crime punishment be imposed even when a video filmed with mutual agreement with my boyfriend is distributed?

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Our company recently had a dispute with an overseas client over goods payment and contract termination. The other company is headquartered overseas but I understand also conducts business in Korea. The other party insists on litigating in their home country's courts, but we want to proceed with litigation domestically. In this case, can we file suit in Korean courts, and what is the international jurisdiction under private international law?

digital sex crime punishment

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作者: 고병준

Hello. This is the sex crime specialist attorney at Daeryun Law Firm (LLC).

The core of the matter is that "consent to filming" and "consent to distribution are separate issues."

Even if there was your consent at the time of filming, if you subsequently transmit the video to a third party against your will or post it online, this constitutes a digital sex crime and is subject to digital sex crime punishment.

The "Act on Special Cases Concerning the Punishment of Sexual Crimes" stipulates that even if the filmed material was legally taken at the time of filming, the act of subsequently distributing, selling, providing, or displaying it against the victim's will is itself subject to punishment.

Therefore, the fact of consent to filming alone does not justify the act of distribution, and without separate explicit consent to distribution, the person who committed the act may be subject to imprisonment of up to 7 years or a fine of up to 50 million won.

Such acts are generally called "revenge porn," and victims can exercise various legal rights such as criminal complaints, requests for video deletion and blocking, measures to prevent further distribution, and civil damages claims, in addition to criminal complaints.

What I particularly want to emphasize is that the victim has no fault.

There is no case where one is excluded from legal protection or recognized as at fault solely because they consented to filming.

Cases related to digital sex crime punishment can have very different outcomes depending on how you respond initially.

Therefore, for evidence collection, distribution route identification, and prompt deletion measures, we recommend consulting with a sex crime specialist attorney with experience in related cases to prepare specific response measures.