[n번방 1 Year Later] Awareness and Punishment Have Changed... Yet Blind Spots Remain

[n번방 1 Year Later - Part 2] Remaining Challenges

Spreading Awareness: 'Digital Sex Crimes = Serious Crimes'
Passage of n번방 Prevention Law in National Assembly
Online Grooming Also Included in Punishments
Sentencing Guidelines Strengthened up to 29 Years 3 Months
Platform Companies Penalized with 3% Surcharge
Calls for Introduction of Punitive Damages System

[Asia Economy Reporter Lee Gwan-ju] The ‘Nth Room case’ deeply ingrained the fact that digital sex crimes, which had previously been met with lenient punishments, are serious crimes that "annihilate a person’s dignity." This shift in perspective has led to meaningful legal and institutional changes. However, many challenges remain. It is necessary to minimize trial and error to punish ongoing crimes and to improve systems to eliminate legal blind spots.

After the Nth Room case, the political sphere prepared the so-called ‘Nth Room Prevention Act.’ A representative example is the amendment to the Act on Special Cases Concerning the Punishment of Sexual Crimes, the Criminal Act, and the Act on the Regulation and Punishment of Criminal Proceeds, which passed the National Assembly plenary session on April 29 of this year. It became possible to punish even those who simply possess illegal sexual recordings (up to 3 years imprisonment or a fine of up to 30 million won), and the age criterion for statutory rape of minors was expanded from under 13 years old to under 16 years old. Preparatory and conspiracy crimes for special robbery and rape, which previously had no punishment provisions, were also newly established, allowing for up to 3 years imprisonment for merely conspiring to commit the crime.

The amendment to the Act on the Protection of Children and Juveniles from Sexual Abuse, passed by the National Assembly on February 26, defined the previously blind spot ‘online grooming’ as the act of continuing and repeating conversations for the purpose of sexually exploiting minors, punishable by up to 3 years imprisonment or a fine of up to 30 million won. It also established grounds for investigative agencies to conduct ‘undercover investigations’ for digital sex crimes against children and juveniles. This law will be enforced starting September of this year.

The courts have also significantly strengthened sentencing guidelines for digital sex crimes. According to the sentencing guidelines confirmed by the Supreme Court Sentencing Commission in December last year, habitual production of child and juvenile sexual exploitation materials can be punished with up to 29 years and 3 months imprisonment, and if sold for profit, sentences can reach up to 27 years imprisonment. Purchasing multiple child and juvenile sexual exploitation materials can result in up to 6 years and 9 months imprisonment.

The Nth Room prevention measures discussed in political and legal circles have mainly focused on strengthening punishments. Defining previously difficult-to-classify acts such as online grooming and possession of sexual exploitation materials as criminal acts is an important change. However, initial confusion during the law’s implementation is also a concern. For example, the undercover investigation system, a core part of the Nth Room Prevention Act, lacks direct precedents in Korea, which could lead to controversies over excessive investigations. The police have only recently begun creating related guidelines through research projects.

Direct sanctions against platforms that serve as channels for distributing sexual exploitation materials are also insufficient. Although platforms are obligated to manage by deleting sexual exploitation materials and blocking access, sanctions are limited to fines within 3% of their revenue.

Professor Lee Soo-jung of the Department of Criminal Psychology at Kyonggi University said, "It remains difficult to impose sanctions on platform companies responsible for protecting children," and added, "Discussions on introducing class action lawsuits or punitive damages systems are necessary." Lee Hyun-sook, Executive Director of Tacteen Tomorrow, said, "There are issues such as how to prove the ‘sexual exploitation purpose’ specified in the online grooming regulation and the possibility that sexual violence may not be punishable if consent is obtained from minors aged 16 or older," and emphasized, "Since there are many changes, continuous monitoring and supplementation of shortcomings are needed."