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National Assembly Legislation

  • Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes
    • Competent Ministry : Ministry of Justice
    • Advance Publication of Legislation : 2020-07-01
    • Opinion Submission Deadline : 2020-07-15
Reasons for Proposal

The current law only punishes those who use a camera to film the body of other people against their will, which may cause sexual desire, and distribute, sell, rent, provide, or publicly display and play such videos (“camera-filmed videos”) but does not impose any obligation on the online service provider, unlike the Act on the Protection of Children and Youth against Sex Offenses, which obligates the online service provider to remove such pornography and punishes the provider if it does not perform such obligations.

Camera-filmed videos tend to spread quickly through information communications networks and can be easily shared among users, especially through P2P or file storage websites. But once uploaded, it takes a lot of effort and time to remove them, and the victim continues to suffer during the process.

Details

This Act aims to hold the online service provider, who amplifies the harm arising from sexual violence crime by just looking on when camera-filmed videos are disseminated, and protect the victim from additional harm by obligating the online service provider, who runs a website where camera-filmed videos are distributed, to prevent the transmission of the videos, and to remove the videos if requested by the person filmed in such videos, and punishing the provider if it does not remove them (Articles 2 (3) and 14-4 newly inserted).


Major Provisions

Obligate the online service provider who runs a website where camera-filmed videos are distributed to prevent the transmission of the videos, and to remove the videos if requested by the person filmed in such videos, and punish the provider if it does not remove them.

Go to the Bill