Definition of Streaming Technology as Key Legal Judgment Criterion
Legal Ambiguity Raises Anxiety Among Chat Participants
Jo Joo-bin, the operator of the 'Doctor's Room' who threatened dozens of women including minors on the internet messenger Telegram and forced them to film obscene materials which he then distributed, is coming out of Jongno Police Station in Seoul on the morning of the 25th to be sent to the prosecution. Photo by Moon Honam munonam@
[Asia Economy Reporters Byungdon Yoo, Seungyoon Song] Although public opinion is growing strong demanding the full disclosure and punishment of all individuals who used illegal sexual exploitation videos in Telegram messenger chat rooms such as 'n-bunbang' and 'Baksa-bang,' there are pointed limitations in practically punishing even passive participants. This is due to the technical characteristics of the Telegram messenger, and how this technology will be interpreted is likely to become a key issue in future trials and procedures.
The most controversial aspect is Telegram's 'streaming (real-time playback)' technology. Telegram operates in a way that when a specific person enters a chat room and merely scrolls up and down or clicks, photos and videos are automatically downloaded. Even if users do not specify a separate storage location, photos or videos are saved automatically. Park Hyungjin, CEO of digital funeral service company Easycoms, explained, "It is a method where viewing and downloading occur simultaneously," adding, "If the default setting is configured that way, files are saved without me even knowing."
Since current law determines punishment based on whether one 'possesses' obscene materials, how streaming technology is defined becomes a core criterion for legal judgment. There are no regulations to punish simple viewing of obscene materials. However, if one knowingly possesses obscene materials involving minors, they may face imprisonment of up to one year or a fine of up to 20 million won.
Within the legal community, opinions coexist on whether the use of obscene materials through streaming can be punished. Attorney Oh Kijeong of Taeshin Law Firm stated, "Supreme Court precedents consider downloading as possession and punishable, but according to case law interpretation, viewing through streaming is difficult to punish," adding, "How storage through simple viewing is specifically carried out could become a point of contention during trials." Attorney Koo Taeun of tech-specialized law firm Tech & Law also explained, "It seems difficult to punish cases where storage occurs due to technical methods unknown even to the user."
This legal ambiguity is amplifying anxiety among people who have encountered 'sexual exploitation obscene materials' in Telegram chat rooms and elsewhere. According to the Telegram Sexual Exploitation Joint Countermeasures Committee, the total number of participants in chat rooms where sexual exploitation videos were distributed is estimated to be about 260,000 (counting duplicates). The police have also identified cases where up to 10,000 people accessed the Baksa-bang operated by Jo Joo-bin (25).
Given this situation, posts asking about how to withdraw from n-bunbang or delete records are flooding social networking services (SNS) and online communities. Debates continue over punishment standards for other obscene material sites where n-bunbang videos were uploaded. Questions such as 'Legal punishment standards for Telegram n-bunbang,' and 'I entered n-bunbang, but will simple users also be punished?' are easily found. On the 25th, Han Sanghyuk, Chairman of the Korea Communications Commission, stated regarding the disclosure of n-bunbang subscribers' personal information and a full investigation, "I think it will be possible."
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