CONTENTS
- 1. Child Sexual Exploitation Material | Concept
- 2. Child Sexual Exploitation Material | Level of Punishment
- 3. Child Sexual Exploitation Material | Representative Types
- - Examples of How the Law Is Applied Through Actual Precedents
- 4. Child Sexual Exploitation Material | How to Respond
- - How to Respond from the Suspect's Perspective
- - How to Respond from the Victim's Perspective
- 5. Child Sexual Exploitation Material | Practical Points
- - Practical Points from the Suspect's Perspective
- - Practical Points from the Victim's Perspective
1. Child Sexual Exploitation Material | Concept
Child sexual exploitation material refers to any form of expression, including video, photographs, drawings, or audio, that contains sexual conduct involving a child or youth or content suggestive of such conduct.
This may include not only content that explicitly depicts sexual acts but also images that sexualize parts of a child's body. Material involving a virtual child rather than an actual child, as well as composite images and animation, may also
be recognized as child sexual exploitation material.
-Scenes of sexual intercourse
-Simulated sexual acts using parts of the body or instruments
-Scenes of physical contact or sexual exposure that provoke a sense of sexual shame or revulsion in an ordinary person
-Acts of masturbation
If video or photographs containing the above content are distributed through film, video media, games, telecommunication media, or similar channels, all of it is deemed sexual exploitation material.
2. Child Sexual Exploitation Material | Level of Punishment
This section reviews the level of punishment for child sexual exploitation material.
The level of punishment for crimes related to child sexual exploitation material is as follows.
| Producing, importing, or exporting child sexual exploitation material | Life imprisonment or imprisonment for at least 5 years |
Selling, lending, distributing, or providing child sexual exploitation material for profit, or possessing, transporting, advertising, or publicly displaying or screening it for that purpose | Limited imprisonment for at least 5 years |
Distributing or providing child sexual exploitation material, or advertising, introducing, or publicly displaying or screening it for that purpose | Limited imprisonment for at least 3 years |
Referring a child or youth to a producer of child sexual exploitation material while aware that the material will be produced | Limited imprisonment for at least 3 years |
| Purchasing child sexual exploitation material, or possessing or viewing it while aware that it is such material | Limited imprisonment for at least 1 year |
| Threatening the child using child sexual exploitation material | Limited imprisonment for at least 3 years |
Trafficking a child or transferring a child abroad while aware that the child will be the subject of the production of child sexual exploitation material | Life imprisonment or imprisonment for at least 5 years |
▶Why is the punishment this severe?
The Constitutional Court and the Supreme Court have held that child and youth sexual exploitation material is not merely a video but a serious crime that undermines human dignity.
-Anyone can readily film and produce it with a mobile device
-Once distributed, it is difficult to delete completely from the internet
-It causes permanent harm to children and youth
-It carries a significant risk of fostering abnormal sexual perceptions and values in society
For these reasons, severe penalties and preventive measures follow such conduct.
3. Child Sexual Exploitation Material | Representative Types
This section reviews the representative types of child sexual exploitation material.
1. Sharing videos through internet communities, Telegram, and similar channels
Since the Nth Room case, enforcement against the sharing of child sexual exploitation material through online platforms has been strengthened.
Operating private rooms, paid rooms, and the like to generate profit is regarded as organized crime.
2. Downloading and uploading through P2P, web storage, and similar services
Programs structured so that downloaded files are automatically shared with other users are also subject to punishment.
3. Producing composite images or deepfakes
Even where an actual child is not involved, producing video or images that may be mistaken for an actual child is punishable.
Examples of How the Law Is Applied Through Actual Precedents
▶Conduct is punishable even with the child's consent
Even if a child voluntarily agreed to be filmed, the conduct constitutes the 'production' of child sexual exploitation material.
There is no exception even where filming was done solely for personal keeping.
▶It is regarded as 'production' even without filming directly
Even if the defendant did not personally hold the camera, where the defendant planned the production of the video and directed or induced the child, this is recognized as an act of 'production'.
▶Conduct is punishable even when a child is made to film themselves
For example, where a child films their own sexual exploitation video under threat, the person who planned or directed it is punished for 'production' in the form of an indirect principal offender.
4. Child Sexual Exploitation Material | How to Respond
If a person faces charges related to child sexual exploitation material, the initial response is very important.
This section reviews response methods from the perspectives of the suspect and the victim.
How to Respond from the Suspect's Perspective
1. How to respond during a search and seizure
Digital devices (PCs, external hard drives, smartphones, and the like) may be seized, so it is necessary to confirm the scope and target of the search and seizure warrant.
2. Requesting analysis of digital forensic results
Among the data recovered by investigative authorities, files unrelated to proving the actual charges are sometimes included, so the time of file creation, the download path, whether automatic sharing occurred, and similar matters must be thoroughly analyzed.
3. Explaining unintentional and inadvertent downloads
-Automatic download functions
-Cache files
-Files introduced through viruses or spam links
Circumstances that can demonstrate the absence of intent are an important point of defense.
4. Demeanor when giving statements during questioning
Statements that simply deny the allegations outright or claim deletion may have an adverse effect.
After ascertaining the facts, one should give statements carefully with the advice of defense counsel.
5. Demonstrating efforts to prevent recidivism
Installation of an adult-content blocking app, completion of relevant education, a history of consultation with a professional, and similar matters are reflected in sentencing as circumstances reducing the risk of recidivism.
How to Respond from the Victim's Perspective
1. Prompt reporting and securing evidence
A report can be made through a police station, the Digital Sexual Crime Victim Support Center under the Ministry of Gender Equality and Family, and similar bodies, and securing evidence such as screenshots, conversation records, and URLs is very important.
2. Requesting deletion and monitoring
Through the Digital Sexual Crime Victim Support Center, deletion support and a service monitoring the status of distribution can be provided.
3. Civil litigation alongside a criminal complaint
Together with a criminal complaint against the producer and distributor, a claim for consolation money is possible.
4. Psychological counseling and legal support
Victim protection programs, legal consultation, and support for the cost of psychological treatment are also operated by the State, and information on these should be confirmed.
5. Child Sexual Exploitation Material | Practical Points
For cases involving child sexual exploitation material, the initial response is particularly important.
This section reviews practical points of defense from the perspectives of the suspect and the victim.
Practical Points from the Suspect's Perspective
Because child sexual exploitation material carries very heavy sentences, it is necessary to build a clear defense rationale and to minimize unfavorable circumstances from the investigation stage onward.
1. Explaining intent and awareness
Demonstrate circumstances of unintentional possession such as automatic downloads, background execution, and cache files.
Using forensic analysis materials, explain the file access path, creation time, storage method, and similar matters to show that the collection was not deliberate.
2. Reviewing the nature and quantity of the files
Review whether the files secured by investigative authorities actually meet the legal standard for 'sexual exploitation material'.
Files consisting of mosaic processing, virtual images, momentary exposure, and the like often invite differing views as to whether they qualify as sexual exploitation material, leaving room for dispute.
3. Confirming whether the investigative procedure was unlawful
Confirm whether there are procedural defects such as inducing voluntary submission without a warrant or excessive collection of forensic data, and it is possible to argue for the exclusion of unlawfully collected evidence as to its admissibility.
4. Securing materials on first-time offense, remorse, and efforts to prevent recidivism
Actively submit materials that can be reflected as sentencing factors, such as completion of sex-crime prevention education, installation of an adult-content blocking app, and a written plea from the family.
Materials on a voluntary counseling history, loss of employment, and other disadvantages incurred may also be considered as mitigating factors.
5. Differentiating strategy according to settlement and the presence of a victim
Sexual exploitation material cases generally do not have an identified victim, but where an actual child is confirmed, the possibility of a settlement with the victim has a direct effect on the investigation and trial strategy.
Practical Points from the Victim's Perspective
Because the psychological suffering and the likelihood of secondary harm are very high for a victim when sexual exploitation material is distributed, a prompt and structured response is necessary.
1. Securing and organizing evidentiary materials
Accurately organize the video screenshots, distribution URLs, the content of SNS and messenger conversations, the time of upload, and similar matters, and attach them to the complaint.
In many cases, deleted materials must be restored through the cloud, backup files, forensic recovery, and similar means.
2. Filing a prompt complaint and urging investigation
Because the later the complaint is filed, the wider the scope of distribution becomes, it is necessary to submit the complaint immediately and to request prompt investigation by the investigative authorities.
Request that the investigative authorities trace the distribution route, block overseas sites, and otherwise pursue a parallel digital response.
3. Pursuing deletion requests and monitoring in parallel
In cooperation with the relevant agencies, deletion measures and distribution monitoring are pursued in parallel.
An attorney can carry out, on the victim's behalf, the delegation of legal authority required for the deletion procedure, requests for confirmation of measures taken, and similar tasks.
4. Claiming civil damages
Apart from a criminal complaint, a claim for consolation money and damages is possible.
5. Pursuing victim protection measures in parallel
This is accompanied by applications for victim protection systems such as nondisclosure of identity, protection of statements, and separate questioning within the investigative authority.
Cases involving child sexual exploitation material are classified as among the sensitive and serious crimes in our society, and even mere viewing or possession is subject to severe punishment.
On the other hand, where there is no intent or where one was exposed to an illegal distribution network without ill will, thorough explanation is possible, and legal response becomes very important in this process.
Whether one is a suspect or a victim, if involved in such a case, accurately revealing the essence of the matter through a prompt initial response and legal assistance is, above all, necessary.
Cases involving child sexual exploitation material are serious crimes in which the social impact must be considered alongside criminal punishment, and a prompt and accurate response is important.
Daeryun Law Firm collaborates with its Evidence Investigation and Digital Forensics Center to analyze the materials needed for case response and to establish a systematic response strategy from the investigation stage.
In addition, for victims, it provides not only a legal response but also support throughout the recovery process through its psychological counseling center.
If you are in a situation requiring a response in connection with a case involving child sexual exploitation material, please confirm the issues of your case and the direction of response through 🔗a legal consultation reservation with a sex crime defense attorney.
Daeryun, the 9th-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), provides trust-based legal services.
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