Case Type: Illegal Filming (Violation of Act on Special Cases Concerning the Punishment of Sexual Crimes) – Victim Representation

Outcome: Summary Indictment with a Fine of KRW 3,000,000

Case Summary: 

The client consented only to filming with her own mobile phone during a consensual sexual encounter. However, the opposing party used his own device to record without her knowledge. The key legal issue was whether such conduct exceeded the scope of the client’s consent and constituted illegal filming.

Case OverviewThe client permitted filming strictly limited to her own mobile device, with clear restrictions on the scope and conditions. Despite this, the opposing party independently used his own phone to record the encounter without the client’s awareness. Upon discovering this, the client determined that her sexual autonomy had been violated and proceeded with legal action.

Key Legal Issues and AnalysisThe central issue in this case was not whether consent to filming existed, but rather the scope of that consent. Under Korean law, consent to filming is not interpreted as a blanket approval of all recording activities. Instead, it is assessed based on specific factors such as the recording device, the person conducting the recording, and the method of storage. Therefore, even if consent is given for filming using a particular device, recording through a different device without explicit consent may be deemed an act against the individual’s will. Additionally, the manner in which the recording is stored and controlled can significantly impact the level of psychological distress and loss of control experienced by the victim, which is a critical factor in determining a violation of sexual autonomy.

Investigation and Legal ResponseDuring the investigation, the opposing party argued that the existence of consent to filming negated any illegality. However, it was established that such consent was limited to specific conditions. By referencing relevant legal principles and precedents, it was demonstrated that consent to partial filming does not extend to all forms of recording. The investigative authority accepted this reasoning and concluded that the act exceeded the scope of consent.

Outcome and SignificanceThe investigative authority determined that the recording constituted illegal filming against the client’s will. As a result, a summary indictment was issued, imposing a fine of KRW 3,000,000. This case illustrates that even where partial consent to filming exists, any recording beyond the agreed scope may give rise to criminal liability.

Contact: Attorney Kim Minhoo