Hello.
This is attorney Lee Kyung-jun from Cheongchul Law Firm.

Recently, it has been reported through the media that an investigation is underway regarding a site called AVMOV. This site is known to be an illegal platform that shares videos of sexual acts involving specific individuals, such as family members or acquaintances, allowing users to appreciate them through points.

Many people seem to be curious about how individuals related to this site will be punished. In this article, we will specifically organize what laws are applicable to sites like AVMOV and outline the possible penalties for site operators to simple subscribers step by step.

1. Key Applicable Laws

Two main laws apply to illegal filming and distribution sites like AVMOV.

a. In the case of videos featuring adults

In this case, the Special Act on the Punishment of Sexual Violence Crimes is applicable, specifically Article 14 (Filming using cameras, etc.). This law establishes that filming actual sexual images against the will of another person, distributing, selling, renting, providing, or publicly displaying the filmed materials, and viewing such materials are all subject to punishment. There are aggravating punishment provisions if there is a profit motive or habitual nature.

b. In the case of videos featuring minors

In this case, Article 11 of the Act on the Protection of Children and Youth against Sexual Violence applies. Similar to the structure of the Special Act on the Punishment of Sexual Violence Crimes, it stipulates that acts of filming sexual videos featuring minors, as well as distributing, possessing, and viewing such videos are subject to punishment.

When the Act on the Protection of Children and Youth against Sexual Violence applies in addition to the Special Act on the Punishment of Sexual Violence Crimes, the level of punishment is characterized by being very severe.

2. Distinction Between Sexual Exploitative Materials and Illegal Filming

Legally, the nature of the video is distinguished depending on whether the person appearing in it is a minor or an adult, and the terminology used is 'sexual exploitative material' in cases involving minors, and 'filmed material' in cases involving adults.

a. Sexual Exploitative Materials

Sexual videos featuring minors are defined as 'sexual exploitative material' under the Act on the Protection of Children and Youth against Sexual Violence. According to the definition in this law, sexual exploitative materials refer to videos that depict individuals or expressions that can clearly be recognized as children or adolescents engaging in sexual acts or the content of such acts.

The important point here is that even if the minor consented to being filmed, legally it is still evaluated as sexual exploitative material, and acts of filming, distributing, and viewing such material are all subject to punishment.

Moreover, crimes related to sexual exploitative materials are regulated only by imprisonment without fines, which is especially important to note as it means the level of punishment is very high.

b. (Illegal) Filmed Materials

In the case of sexual videos featuring non-minors (adults), the determination of whether it is illegal filming will be judged separately.

The critical point here is that videos filmed without the consent of the other party are considered illegal filming, even if there was consent at the time of filming, if the video is disseminated without consent for distribution.

Even if a video was filmed with mutual consent during a romantic relationship, if it is disseminated without the other party's consent after the relationship has ended, that act of distribution is subject to punishment, and viewing that video can also be punishable under the Special Act on the Punishment of Sexual Violence Crimes.

3. In the Case of Site Operators

Based on the laws described above, let’s examine the legal provisions that apply to each actor and the level of punishment. First, there can be site operators who directly manage and distribute illegal filmed materials or sexual exploitative materials systematically, similar to sites like AVMOV.

In this case, charges are likely to apply for habitual illegal filming and sexual exploitative material production and distribution for profit.

If the operating method including point systems, membership structures, and server management is confirmed, it may be assessed as an organized, habitual crime, likely leading to the highest expected level of punishment among AVMOV-related individuals.

Depending on the situation, charges related to organized crime under the Criminal Act may also need to be considered.

4. In the Case of Heavy Uploaders

Even if they are not operators, there may be heavy uploaders or key active members who repeatedly upload illegal filming videos and continuously use the points earned from them to view other videos.

In this case, since there has likely been ongoing uploading of videos and viewing of other videos based on the points earned from these uploads, charges for habitual illegal filming and sexual exploitative material production, distribution for profit, and viewing of illegal filming and sexual exploitative materials may all be problematic.

The level of punishment may be lower than that of site operators, but depending on the quantity, content, and subjects of the uploaded videos, there is sufficient possibility of severe penalties.

5. In the Case of General Uploaders

Even if they do not qualify as heavy uploaders, there may be general uploaders who upload illegal filming videos and use the points received to view other videos.

In this case, it is possible for the acts of illegal filming or sexual exploitative material production, illegal filming or sexual exploitative material distribution, and illegal filming or sexual exploitative material viewing to all independently constitute an offense.

Particularly in cases of 'for profit', it can be recognized with just one act, so if the uploading structure aiming for points is recognized, there may be issues related to profit motives.

6. In the Case of Simple Subscribers/Viewers

Simply registering as a member generally does not constitute a punishable act.

However, if it is confirmed that they actually viewed illegal filmed or sexual exploitative materials using free points provided by the site, charges for viewing illegal filmed or sexual exploitative materials may be established.

Especially in the case of videos featuring minors, the structure is such that even a single instance of viewing can lead to imprisonment.

7. Precautions for Actual Investigation Targets

The investigation related to AVMOV is likely to be extensive, targeting not only site operators but also heavy uploaders and viewers.

However, the nature of the act, the frequency of the act, the duration of activity, the specific content of the targeted video, and the level of awareness regarding the fact that it is a minor or illegal video can significantly affect whether charges are established and the level of punishment.

Therefore, if you are actually under investigation, it is essential to seek the assistance of a specialized attorney who has handled numerous criminal cases from the initial stage to accurately assess how your actions may be evaluated and respond appropriately.

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