Motorcycle Racing on Roads... Multiple Witness Reports
Supreme Court Also Has Past Precedents of Not Guilty
Constitutional Court Declared 'Minor Offense Punishment Act' Unconstitutional
A shirtless man and a woman wearing a bikini riding a motorcycle through downtown Seoul have become a hot topic online. Photo by Online Community Capture
[Asia Economy Reporter Kim Jung-wan] A man without a shirt and a woman wearing a bikini riding a motorcycle through the heart of Seoul were captured, drawing attention online.
According to online communities on the 2nd, numerous eyewitness accounts were posted on the 31st of last month under the title "Couple Riding in Bikinis."
In the photos, the man driving the motorcycle was shirtless and wearing only pants, while the woman sitting behind him was wearing a bikini. Both were wearing helmets as they rode through the rain-soaked city streets.
The man in the photos is known to be the YouTuber "BOSS J," who has around 18,000 subscribers. The woman riding behind him is also an influencer and is said to be an acquaintance of "BOSS J." It is understood that they spent three hours riding around various parts of Gangnam on motorcycles to upload videos to platforms such as YouTube and TikTok.
Some have argued that the two should be punished for public indecency or minor offenses. Under criminal law, public indecency can result in imprisonment of up to one year, a fine of up to 5 million won, detention, or a penalty. However, mere exposure of body parts does not constitute public indecency. The "indecent act" referred to in public indecency means an act that violates sexual morality by causing normal sexual shame.
However, according to Supreme Court precedents, "If the act of exposing the body does not cause sexual shame but only causes embarrassment or discomfort to others, it cannot be considered an indecent act under Article 245 of the Criminal Act," resulting in acquittal.
There is also an interpretation that applying the minor offense law punishing excessive exposure in public places may not be easy, as the Constitutional Court has ruled that such provisions violate the constitution. The crime of excessive exposure, punishable under the Minor Offenses Act by a fine, detention, or penalty of up to 100,000 won, is defined as "publicly exposing major body parts such as genitals or buttocks in a public place, causing embarrassment or discomfort to others."
However, the Constitutional Court has stated, "It is difficult to determine what constitutes 'excessive exposure' of nudity, and the meaning of 'areas to be covered' is also hard to grasp," adding, "Moreover, the terms 'embarrassment or discomfort' vary from person to person, and the body parts that cause such feelings also differ, making it difficult to define 'excessive' and 'areas to be covered' based on 'embarrassment or discomfort.'"
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