"Even with a Mosaic"... Unmanned Store Owner Fined for Posting Photo of Elementary Student Who Didn't Pay

“Identification Possible by Acquaintances Despite Mosaic”
First Trial Not-Guilty Verdict Overturned

A store owner who posted a mosaic-covered photo of an elementary school student’s face in the store for taking ice cream without payment at an unmanned store was found guilty in the appellate court. The previous not-guilty verdict from the first trial was overturned.

A store owner who posted a mosaic-covered photo of an elementary school student’s face in the store for taking ice cream without paying was found guilty in the appellate court. (Photo for article illustration only and unrelated to the content)

On February 1, the Incheon District Court Criminal Appellate Division 5-3 (Presiding Judge Lee Yeonkyung) announced that it had overturned the lower court’s ruling and imposed a fine of 2 million won on the unmanned store operator, Mr. A (46), who was indicted on charges of violating the Child Welfare Act (child abuse) and defamation.

Mr. A was put on trial for capturing CCTV footage showing then 8-year-old elementary school student, referred to as B, taking one ice cream without paying at an unmanned store in Incheon on April 23, 2023, and posting the image inside the store. Although B’s face in the posted photo was partially blurred, captions such as “Let’s become conscientious members of society,” which implied theft, were written below the image.

B, after hearing from a customer who saw the post, “Isn’t that you in the photo?” informed his parents. The parents contacted the store owner multiple times but failed to reach an agreement. On May 4 of the same year, B’s parents paid for the ice cream on his behalf.

The issue continued even after that. Despite the police deciding not to refer B for prosecution because he was under the age of criminal responsibility, Mr. A was found to have posted the same photo in the store again between July and September of that year.

The appellate court focused on the fact that the store was located near the victim child’s school. The court determined that, even though the face was partially obscured, it would have been possible for people nearby or peers to identify the student. The court also acknowledged that B suffered psychological harm, such as anxiety symptoms, as a result of the post.

The court stated, “Considering the degree of psychological shock and social stigma experienced by the child, the defendant’s responsibility cannot be considered light. Nevertheless, the defendant focused only on justifying his actions and failed to reflect on the harm inflicted on the victim child.”

However, the court explained that it imposed a fine, taking into account the practical difficulties faced in operating unmanned stores, the circumstances leading to the offense, and the fact that the photo was partially blurred.

Meanwhile, last year in Hongseong, South Chungcheong Province, a high school girl died after being unable to withstand the psychological pressure following the leak of a CCTV image showing her taking items from an unmanned store. The video spread among acquaintances and students after being shared by the store owner, effectively resulting in the public disclosure of her identity.

Experts point out that, even for the purpose of preventing theft, sharing or distributing videos that can identify the faces or identities of children or adolescents is clearly illegal.