CONTENTS
- 1. The Client Who Committed the Digital Sex Crime
- - Contents of the Complaint the Client Received
- 2. Explanation of Digital Sex Crime
- - Explanation of a Digital Sex Crime Damages Lawsuit
- 3. Responding to a Digital Sex Crime Damages Claim
- - Acknowledgment of the Digital Sex Crime and an Attitude of Remorse
- - Scope of Damages in a Damages Lawsuit
- 4. Result of the Response to the Digital Sex Crime Damages Lawsuit
1. The Client Who Committed the Digital Sex Crime
This is the story of a client who came to Daeryun saying he had committed a digital sex crime.
The client said that he had left sexually harassing comments about a famous idol on YouTube and posted a sexually harassing video.
The famous idol’s agency retained a large law firm and filed a claim for damages against the client for the harm caused by the digital sex crime.
The total amount claimed in damages was 100 million won. The client, while admitting that he had committed the digital sex crime, requested assistance, saying that the amount claimed was too large.
Contents of the Complaint the Client Received
The civil litigation attorney reviewed the contents of the complaint for damages arising from a digital sex crime that the client had received in order to respond to the client's case.
The client operated a channel on YouTube and, regarding broadcast videos featuring idol group A, the plaintiff in this case, edited and posted them by combining titles and audio evoking sexual meanings.
In addition, the client repeatedly posted sexually harassing comments on the YouTube channel operated by idol group A.
Most of the videos the client posted were ones that aroused sexual shame or revulsion, such as by emphasizing the movement of the chest area while attaching titles with sexual meanings.
In addition, the comments the client posted mainly consisted of content that aroused sexual shame or revulsion, such as "I want to get idol group A pregnant."
Accordingly, the plaintiff argued that the videos, comments, and the like posted by the client, viewed in light of the sound common sense and customs of the community, exceeded what could be tolerated and constituted unlawful acts infringing the plaintiff's personality rights.
Based on the above, the plaintiff filed a complaint seeking a judgment ordering payment of 100 million won in consolation money, on the ground that the plaintiff had suffered considerable mental distress due to the client's digital sex crime.
2. Explanation of Digital Sex Crime
A digital sex crime refers to a crime that uses information and communication technology to cause sexual humiliation or to infringe upon another person's right to sexual self-determination.
This can include not only visual materials such as videos and photographs but also non-visual means such as text and audio.
| Principal Act | Description and Level of Punishment |
| Illegal filming | Filming another person's body (in particular, sexual parts) without consent ▶Imprisonment for up to 7 years or a fine of up to 50 million won |
| Distribution and posting | Posting or transmitting online a video filmed by oneself or another person ▶Imprisonment for up to 3 years or a fine of up to 30 million won |
| Creating and distributing deepfake video material | Producing and distributing sexual video material by synthesizing a specific person's face using technology such as artificial intelligence ▶Imprisonment for up to 7 years or a fine of up to 50 million won |
| Threat using sexual video material | An act of demanding money or making threats using the victim's video ▶Imprisonment for a definite term of at least 1 year |
Explanation of a Digital Sex Crime Damages Lawsuit
A victim of a digital sex crime may, separately from a criminal complaint, file a civil lawsuit for damages to obtain compensation for mental and material harm.
A digital sex crime is a serious tort that entails invasion of the victim's privacy, defamation, and mental suffering, so the victim may claim damages from the perpetrator under tort liability in the Civil Act.
This proceeds separately from the criminal process and is a civil procedure aimed at recovery of harm (monetary compensation).
3. Responding to a Digital Sex Crime Damages Claim
In the client's digital sex crime damages lawsuit, the civil litigation attorney provided assistance as follows to reduce the consolation money.
Acknowledgment of the Digital Sex Crime and an Attitude of Remorse
The civil-specialist attorney first had the client acknowledge the digital sex crime and show a sincere, repentant attitude.
The client conveyed a deep apology to the plaintiff's side and emphasized that they would endeavor to compensate for the harm the plaintiff had suffered.
The civil-specialist attorney then made clear that the client's digital sex crime conduct in this case was not for the purpose of generating profit and that the client had not gained any profit whatsoever.
In addition, the attorney also emphasized that the videos and comments posted by the client consisted of videos and content readily found on SNS and were not original creations of the client.
The client also requested a reduction of the consolation money on the ground that, before being subject to the claim for damages for the digital sex crime, they had already voluntarily deleted all of the relevant accounts.
Scope of Damages in a Damages Lawsuit
The civil law specialist attorney requested a reduction of the consolation money, citing the following precedent.
The attorney was well aware that the client's digital sex crime could never be excused, but appealed that, as the client was in reality struggling to make a living, this should at least be considered as an incidental circumstance.
4. Result of the Response to the Digital Sex Crime Damages Lawsuit
As a result of the specialist attorney’s defense against the digital sex crime damages lawsuit, the court ordered the client to pay 30 million won in consolation money.
Although the client faced the risk of paying 100 million won in consolation money because the idol’s side retained a large law firm, with Daeryun’s assistance the amount was reduced by 70 million won.
The civil law specialist attorney developed a strategy suited to the client based on experience and a database from responding to numerous damages lawsuits.
In addition, through collaboration with a criminal law specialist attorney, the firm also handles defense against criminal punishment for digital sex crimes on a one-stop basis.
This firm provides one-stop legal services by connecting with the legal experts needed for a case when criminal and civil proceedings run in parallel in digital sex crimes and various other crimes.
If you are in a situation similar to that of the client in this case, please 🔗schedule a legal consultation.
See More
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
