Unanimous Opinion: "Distribution of Sexual Exploitation Material Can Destroy Personality and Ruin Lives"
Chief Justice Yoo Nam-seok of the Constitutional Court and the constitutional justices entered the grand bench of the Constitutional Court in Jongno-gu, Seoul, on the afternoon of the 24th of last month to begin the ruling. [Photo by Yonhap News]
[Asia Economy Reporter Heo Kyung-jun] The Constitutional Court has ruled that the legal provision imposing a prison sentence of three years or more on those who distribute child and adolescent sexual exploitation materials featuring children and adolescents does not violate the Constitution.
On the 1st, the Constitutional Court announced a unanimous decision by all justices to uphold the constitutionality of Article 11, Paragraph 3 of the Act on the Protection of Children and Adolescents from Sexual Abuse (the Child and Adolescent Sexual Protection Act, or CASPA) in a constitutional review.
The petitioner, Mr. A, was prosecuted and received a suspended prison sentence for posting and distributing child sexual exploitation materials online, violating CASPA. The law stipulates that "anyone who distributes child and adolescent sexual exploitation materials shall be punished by imprisonment for not less than three years."
Mr. A filed a constitutional review, arguing that "punishing with a prison sentence of three years or more without specifically considering the degree of victim exposure, the possibility of identifying the victim, or the scope of distribution of sexual exploitation materials violates the constitutional principles of prohibition of excessive punishment or proportionality."
The Constitutional Court stated, "The distribution of child and adolescent sexual exploitation materials not only infringes on the sexual self-determination rights of children and adolescents but can also lead to the destruction of their personality and irreparably ruin their lives," adding, "Protecting them from sexual crimes such as those described in the challenged provision so that they can grow into healthy members of society is an indispensable and significant legal interest."
Furthermore, the court ruled, "Given the current level of information and communication technology, even a single distribution of sexual exploitation materials can immediately lead to mass dissemination and replication, greatly expanding the damage and leaving irreparable scars on the victimized children and adolescents."
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