Written by Attorney Soobin You, a former prosecutor licensed in Korea, defending criminal cases with consultations available in English.
Quick answer: In Korea, filming someone’s body without their consent is a crime even within a relationship. Under the law, filming against the other person’s will can carry up to 7 years in prison or a fine up to 50 million KRW. But where the footage was never shared, the person is a first offender, and a genuine settlement is reached, the case can end in a suspension of indictment (기소유예), meaning no trial and no criminal record. That is how one case was resolved.
The trust and feelings in a relationship can feel natural and genuine in the moment, but after the relationship ends, the same acts can take on an entirely different meaning. For foreigners in Korea, this is an area where a mistaken assumption (“we were dating, so it’s fine”) can lead to a serious charge. Working with a Korean English-speaking lawyer early can make the difference. Here is how one case worked.
Background of the case
During a relationship, the client had secretly taken photos of their partner. After this was discovered and the relationship ended, feelings soured, and the other person filed a complaint, starting an investigation. The client was investigated for filming parts of the other person’s body on several occasions. Because the areas filmed were sensitive, there was a real possibility of a prison sentence. Investigators applied the illegal filming law based on the other person’s statement and recovered image records, and treated the repeated filming as an aggravating factor.
Even in a relationship, filming against someone’s will is a crime
Article 14 of the Act on Special Cases Concerning the Punishment of Sexual Crimes provides that filming another person’s body, in a way that may cause sexual desire or shame, against that person’s will, is punishable by up to 7 years in prison or a fine up to 50 million KRW. In other words, even within a relationship, filming against the other person’s will can constitute this offense.
The difficulty is that whether the filming was “against their will” is a highly subjective judgment. Investigators review many elements together, including the conversation at the time, expressions, attitude, and the nature of the relationship. Early on, with the other person’s statement at the center, leniency looked difficult.
The defense strategy
Understanding how these cases are structured, we gathered material to prevent the other person’s statement from being accepted one-sidedly, supporting the concrete circumstances. First, we secured message records showing that the client and the other person had been talking with each other at the time of the filming. We also submitted phone forensic materials to prove that none of the footage had been distributed and that nothing had been shared externally. In illegal filming cases, where investigators are concerned about the possibility of distribution, this was crucial evidence.
Next, through a settlement, the other person submitted a statement that they no longer wanted criminal punishment, which had a significant influence on the prosecutor’s decision. Alongside this, we submitted written opinions on two occasions setting out the legal issues, focused on four points. The footage was not distributed and had been deleted. The person was a first offender who deeply regretted the conduct. A complete settlement had been reached with the other person. And there were reasons the person should not carry a criminal record.
The prosecutor’s decision
The prosecutor considered that the repeated filming could fall within an aggravated range, but on the other hand recognized the other person’s wish not to prosecute, the absence of distribution, and first-offender status. Above all, the client had spoken honestly about the circumstances of the filming and was receiving psychological counseling and treatment to prevent recurrence, which built trust. In the end, the prosecutor concluded that the public interest in prosecution was low, and issued a suspension of indictment.
A settlement alone is not enough
This result did not come from a settlement alone. Leniency in these cases requires meeting demanding standards. Even with a settlement, many factors are reviewed together, including the number of times, the areas filmed, the other person’s attitude in their statement, the degree of remorse, and whether the footage was deleted. We submitted the necessary materials in stages, in line with the flow of the case, and worked to keep the client’s statements consistent.
For context on how serious these cases can be, courts have imposed prison sentences in comparable matters involving repeated filming or distribution. This makes a suspension of indictment a favorable outcome that reflects careful, structured handling rather than a routine result.
Even in a relationship, don’t assume it’s fine
This case shows that filming within a relationship can still turn into a legal dispute once the relationship ends. Outcomes vary sharply depending on the other person’s wishes and the circumstances at the time. But where the context is explained concretely, a genuine settlement is reached, and real efforts are made to prevent recurrence, a suspension of indictment is genuinely possible.
Frequently Asked Questions
Q: Is it illegal to film my partner without consent in Korea, even if we’re dating?
A: Yes. Filming another person’s body against their will can be a crime under Korean law, regardless of whether you are in a relationship. The penalty can reach up to 7 years in prison or a fine up to 50 million KRW.
Q: What does a suspension of indictment (기소유예) mean?
A: The offense is acknowledged, but given sufficient mitigating factors, the prosecutor closes the case without bringing charges. There is no trial and no criminal record.
Q: Does it matter whether the footage was shared?
A: Significantly. Whether the footage was distributed or deleted is a key factor. Proving, for example through forensic records, that nothing was shared can be important to the outcome.
Q: Does a settlement guarantee leniency?
A: No. A settlement helps, but prosecutors weigh many factors together, including the number of incidents, the areas filmed, remorse, and whether the footage was deleted. A settlement alone is not decisive.
Q: Can I get English-language help with a case like this?
A: Yes. A Korean English-speaking lawyer can take your account in English and handle the case from the investigation stage, where early, careful responses can change the result.
This article is for general information only and does not constitute legal advice. Outcomes depend on the specific facts of each case. This is a sensitive legal area. Consult a licensed attorney about your situation.
Under investigation for illegal filming in Korea? YUSU Law Firm (법무법인 유수), founded by former prosecutor Soobin You, with a team that includes Kyungmin Kim, a US-educated Korean attorney, provides English-language criminal defense from the earliest stage. With offices in Seoul (Mapo) and Gyeongju, contact us via KakaoTalk or the inquiry form.