I am curious about the threshold for establishing online sexual harassment.

Hello, I will answer regarding the threshold for establishing online sexual harassment.

Online sexual harassment refers to sexual insults, obscene words or conduct, and acts that cause sexual humiliation carried out online.

Depending on the situation, it may constitute the crime of insult under the Criminal Act or the crime of obscenity via telecommunication media under the Act on Special Cases concerning the Punishment of Sexual Crimes.

Even if you think it is merely a joking conversation, if the other party feels sexual shame or disgust, it may be judged to be sexual harassment.

In particular, family insults and sexual jokes made in games, communities, or chats may lead to a crime depending on the other party's age, gender, relationship, and the level of the expression, and the court judges on the basis of the discomfort the victim actually felt and the level that is acceptable under generally accepted social norms.

For online sexual harassment to be recognized, the following are considered: ▲whether sexual expression or suggestion was included, ▲whether it was carried out continuously without the other party's consent, ▲whether it caused the victim sexual shame or disgust, and ▲whether the words or conduct went beyond the bounds of generally accepted social norms.

If online sexual harassment is recognized, one may be subject to imprisonment of up to 2 years or a fine of up to 20 million won for obscenity via telecommunication media, so thorough response is necessary from the early stages of the investigation.

If you have received a notice of police investigation, it may not be a matter that can end with a simple explanation, so please respond carefully from the initial statement stage.