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This is Lawyer Lee Kyung-jun from Cheongchul Law Firm.

1. Characteristics of Digital Sexual Crimes Targeting Minors

Among digital sexual crimes, acts targeting minors are judged by completely different criteria than those targeting adults. In the case of adults, the consent of the parties involved is a crucial criterion, but in the case of minors, even when there is consent, it is often the case that a crime is established, which is the most significant characteristic. Consequently, there are many cases where one believes that there is no issue in a conversation with mutual consent but still falls under criminal prosecution.

2. Laws Applicable to Digital Sexual Crimes Targeting Minors

Digital sexual crimes targeting minors are mainly governed by the Act on the Protection of Children and Youth from Sexual Exploitation. Most of the crimes stipulated in this law only prescribe imprisonment, so when a crime is established, the level of punishment is very high. Moreover, this law sets minors strongly as the subjects of protection, and therefore a crime is established solely based on the act itself, regardless of the victim's will or consent or whether the minor acted first. Thus, circumstances such as the other party contacting first or acting with consent generally do not influence the punishment.

3. Simply Having a Conversation with Minors

Simply having a normal conversation with a minor does not immediately establish a crime. However, if the content of the conversation reaches a level that is threatening or induces fear, such as using profane language towards the minor, it may be considered emotional abuse under the Child Welfare Act. It cannot always be said that it is safe just because it is a simple conversation.

4. Having Sexual Conversations with Minors

When having a conversation with minors that includes sexual content, the possibility of becoming subject to criminal prosecution rises sharply beyond simple communication. Such conversations can be evaluated as conversations intended for sexual exploitation under the Act on the Protection of Children and Youth from Sexual Exploitation and may also fall under sexual harassment under the Child Welfare Act. An important point is that even if the minor consented or actively initiated the conversation, the crime can still be established. Furthermore, if one continues to send sexual messages despite the minor's unwillingness, it could even establish charges under the Special Act on the Punishment of Sexual Violence Crimes regarding the use of communication media for obscene acts.

5. Requesting Minors to Shoot Sexual Videos

Requesting minors to shoot sexual videos or photos is one of the most dangerous and highly punishable types of behavior. In this case, the crime of producing sexual exploitation materials under the Act on the Protection of Children and Youth from Sexual Exploitation could be an issue, and this crime is also subject to punishment even if attempted. Therefore, even if a minor refuses to be filmed, the act of making the request itself can establish a crime. Additionally, even if a minor consents and actually shoots and sends the video, the crime is still established. Particularly, if one demands the minor to send another video by threatening to disseminate the video previously received, it could lead to charges of threatening with sexual exploitation materials.

6. When Minors Initiate by Sending Videos They Shot Themselves

Even if a minor sends videos they filmed themselves first, it cannot be conclusively said to be safe. Depending on whether there were previous sexual conversations and the overall context of the conversation, charges for viewing or possessing sexual exploitation materials can be established. Simply stating that the request was not made does not exempt one from punishment.

7. Storing Videos Sent by Minors

If one transfers sexual videos sent by minors from a mobile phone to another storage medium like an external hard drive, USB, or cloud storage, charges for possessing sexual exploitation materials can be established separately. In this case, it does not matter whether the video was disseminated or not; the act itself can establish a crime, and stating that it was for personal viewing or storage will not excuse one from punishment. Naturally, if one retains a video sent by a minor and later sends it to another person or uploads it to an internet site for public viewing, additional charges for disseminating sexual exploitation materials will also be established.

8. Proposing to Meet with Minors

Simply proposing to meet with minors does not immediately establish a crime. However, if the proposal to meet is made based on sexual intent or the premise of prostitution, one can be penalized for solicitation even if the meeting does not actually occur. Therefore, it is difficult to argue that it is not a problem just because it ends at the conversation stage.

9. Important Points to Note Regarding Digital Sexual Crimes Targeting Minors

Digital actions targeting minors can easily lead to misjudgment if thought of based on adult standards. Most activities can fall under punishable offenses regardless of the minor's consent or whether they acted first, and particularly at any stage of the process that transitions from conversation to demands, videos, or storage, the likelihood of criminal prosecution rises sharply. It is essential to be aware that the assumption that it will be fine if the other party is a minor is the most dangerous judgment.

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