Fined for Posting Malicious Comments About Pregnant Same-Sex Couple

Sexually Harassing Comments Targeting Korea's First Pregnant Same-Sex Couple
Convicted Under Obscene Communication Law
Sex Offense Record for Fines or Higher Penalties

A netizen who posted sexually harassing comments about the country's first pregnant same-sex couple has been fined in the first trial.

According to the legal community on August 31, Judge Lee Minyoung, the presiding judge of the Criminal Division 2 at the Gunsan Branch of the Jeonju District Court, recently found Mr. A guilty of committing obscene acts using communication media under the Act on Special Cases Concerning the Punishment of Sexual Crimes. The court imposed a fine of 3 million won and ordered Mr. A to complete 40 hours of a sexual violence treatment program.

The crime of committing obscene acts using communication media is established when a person sends messages, videos, or other content that causes sexual humiliation or disgust to another person through an information and communications network for the purpose of arousing sexual desire. If convicted, the offender faces up to two years in prison or a fine of up to 20 million won. If a fine or a heavier sentence is finalized, the offender is classified as a sex offender, and the conviction is recorded in the criminal records database.

On June 30 of last year, Mr. A accessed a news article via a portal site on his personal mobile phone while at work at a factory in Iksan, North Jeolla Province. He was accused of posting malicious comments on an article about Kim Gyujin (33) and Kim Seyeon (36), a same-sex couple.

The article reported on the country's first pregnant same-sex couple. Kim Gyujin became pregnant through in vitro fertilization using sperm donated at a fertility clinic in Belgium and gave birth to a daughter in August 2023.

During the trial, Mr. A claimed, "I only wrote the comment to criticize another person's comment, not to arouse sexual desire."

However, the court did not accept this argument. The court stated, "The defendant's comment cannot be regarded as a quotation or criticism; rather, it is of a supportive nature and, by average standards, is sufficient to cause sexual humiliation and disgust to the victims."

Previously, in June of the same year, another netizen, Mr. B, was also brought to trial on charges of insult after posting sexually harassing comments about the Kim couple. Mr. B objected to the summary indictment by the prosecution and requested a formal trial. However, the charges were dismissed after reaching a settlement with the victims.