
Legal Q&A
Q
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A few days ago, while I was waiting for the bus on my way home, the sunset was so beautiful that I took a photo. Then a woman suddenly approached me, asked whether I had photographed her, and demanded to see my phone. I felt so offended that I refused, and then she reported me to the police for hidden camera filming. What would be the best way to respond…
hidden camera filming offense
illegal filming using a camera
Answer
Published:
Author : Byung Joon KOH
Article 14 of the Act on Special Cases concerning the Punishment of Sexual Crimes defines as a crime the act of filming, against the will of the person being filmed, another person's body ‘that may cause sexual desire or shame’ by using a camera or similar device.
If the charge of hidden camera filming is recognized, one may be subject to imprisonment of up to 7 years or a fine of up to 50 million won.
However, there are also cases in which another person's body part is filmed by chance while filming a street scene, rather than the subject being filmed with sexual intent.
In such a case, thorough preparation is necessary so that a careful initial response can lead to a decision of no charge.
Therefore, if you are involved in a charge of illegal filming using a camera, it is advisable to assert that there was no sexual intent at all and that the footage was not filmed in a way that emphasized specific body parts.
Investigative agencies and courts determine whether a charge is established after examining, in combination, data from other footage and the circumstances at the time of the incident.
Therefore, it is advisable to secure evidence that can sufficiently prove that the situation at the time and the purpose of filming had no connection at all to sexual intent.
I recommend that you entrust the case to a specialist attorney who has handled many hidden camera filming cases and seek a specific solution.

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Byung Joon KOH
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Extensive experience handling large-scale corporate and white-collar crime cases · Attorney specializing in corporate/construction/labor/digital forensics law

InWon KIM
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Former Chief Prosecutor [Criminal], Seoul Central District Prosecutors' Office · Attorney Specializing in Criminal Law/DUI Traffic/Accounting Audit/Evidence Examination
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