"The Man Is Watching Adult Videos on the Subway Now" Viewing 'Obscene Videos' on Public Transport... Punishment Levels [Han Seung-gon's 'Let's Play Law']

Watching 'Obscene Videos' on Public Transportation like Subway and Bus
Causing Discomfort to Others... What Punishments Apply?

A smartphone user [Image source=Yonhap News]

[Asia Economy Reporter Han Seung-gon] [Editor's Note] There is a saying, "A person who seems to live without the law." It is another way to describe a good person. However, there is also the phrase "Let's follow the law." In this way, the law is quietly present around us. This article does not deal with profound legal knowledge filled with grand theories but shares stories that our neighbors commonly experience.

# Ms. A, a woman in her 20s working at a company in Seoul, recently had an unpleasant experience while using the subway. She witnessed a man in his 50s watching obscene videos on his smartphone. Ms. A raised her voice, saying, "Isn't watching erotic videos or photos in public places a sex crime?" and "He surely knows that watching such videos is problematic, but he is so shameless and audacious."

What kind of punishment would someone face if reported for watching so-called "yadong" (erotic videos) on the subway or bus? To get straight to the point, the punishment is relatively light compared to acts that cause discomfort to the general public in public places.

Under current law, there is no direct punishment clause for watching yadong while using public transportation, and it is unlikely that charges of "sex crimes" would be established.

Seoul Subway. The photo is unrelated to specific expressions in the article.

◆ Watching Obscene Videos on the Subway... Can It Be Punished as 'Sexual Harassment' or 'Forced Indecency'?

According to legal experts, the elements of sexual harassment require "physical contact that causes sexual shame or disgust through violence or threats," but if someone only watches obscene videos, there is no physical contact with others, making it very unlikely to establish forced indecency charges.

It might seem that watching yadong in public places could be punishable under the crime of public obscenity, but this is also difficult to apply.

In January 2006, the Supreme Court (case 2005Do1264) ruled on "obscene acts," stating, "An 'obscene act' under Article 245 of the Criminal Act refers to acts that stimulate the sexual desire of an average person, cause sexual excitement, and violate normal sexual modesty, contrary to sexual morality. Such acts do not necessarily have to depict sexual intercourse or express sexual intent."

Based on this ruling, the crime can be established if obscene acts are performed in public places where others can see them.

However, courts are known to be conservative in recognizing "obscenity." Most public obscenity judgments are made only in extreme cases such as actual sexual intercourse or self-performed obscene acts in public places.

For example, in March, the Gwangju District Court Criminal Division 12 (Presiding Judge No Jae-ho) acquitted Mr. B (51), who was tried for public obscenity. The reason was the lack of clear evidence of masturbation and the absence of obscenity in the defendant's actions.

The court stated, "Considering precedents and laws, if an act involves exposing major body parts, the time and place, exposed parts, method, and degree of exposure must be considered. If it is recognized that the act only causes embarrassment or discomfort to others rather than stimulating sexual desire or causing sexual excitement and violating normal sexual modesty, the act falls under minor offense law, not Article 245 of the Criminal Act regarding obscene acts."

It further explained, "Whether the defendant's series of acts constitute 'excessive exposure' under the Minor Offenses Act is a separate issue. However, based solely on the evidence submitted by the prosecution in this case, there is no certainty that the acts correspond to 'obscene acts' under the Criminal Act's public obscenity crime."

The court concluded, "Although some statements about the defendant's intent are somewhat unreasonable, it is clear that the defendant did not masturbate. It is difficult to consider the defendant's acts obscene," and acquitted him.

Office workers exiting through the subway turnstiles [Image source=Yonhap News]

◆ Punishable under the Railroad Safety Act... Difficult to Punish for Watching on Buses

However, punishment is possible by applying a special law called the Railroad Safety Act. Article 47, Paragraph 1 of the Railroad Safety Act prohibits "acts that cause sexual shame to passengers," and violators can be fined up to 5 million KRW.

Unlike the elements of forced indecency under the Criminal Act, punishment can be established even without direct physical contact, and if watching yadong causes sexual shame to other passengers, there is a possibility of punishment.

However, if the location where yadong was watched was a bus rather than the subway, the possibility of punishment narrows. The Transportation Safety Act, not the Railroad Safety Act, applies to bus passengers, and the Transportation Safety Act does not include provisions prohibiting acts that cause sexual shame.

Some argue that it could be punishable as sexual harassment. Sexual harassment refers to acts that cause shame through words or behavior, unlike sexual assault. The argument is that watching obscene videos may cause some passengers to feel shame, which could be grounds for punishment.

However, since there are no provisions regarding sexual harassment in the Criminal Act, punishment for such acts on buses is not possible. Also, as previously discussed, it is difficult to establish forced indecency or public obscenity charges under the Criminal Act.

It also does not meet the requirements for sexual harassment under the Framework Act on Gender Equality. According to this law, sexual harassment refers to acts where state institutions, local governments, or public organizations' employees, employers, or workers use their position or work-related relationships to cause sexual humiliation or disgust through sexual language or behavior. Therefore, watching yadong on public transportation is difficult to consider sexual harassment.

However, a civil lawsuit can be filed against the person watching obscene videos, seeking damages or other claims.

Meanwhile, a legal expert explained, "If you see someone watching obscene videos on the subway or public transportation, on a bus, report it to the driver; on the subway, press the emergency button next to the priority seats for the elderly and disabled to contact the staff and take appropriate measures."