Illegal Filming Charge in Korea: What Foreigners Should Know

Quick Answer

In Korea, filming a part of someone’s body that can cause sexual desire or shame, against that person’s will, is a crime under Article 14 of the Act on Special Cases Concerning the Punishment of Sexual Crimes. The law also covers distributing such footage, sharing footage that was filmed with consent but distributed without it, and possessing, buying, storing or viewing such footage. Whether a particular image falls within the law is decided case by case, so the facts around the filming matter as much as the image itself.

What the Law Says

Article 14 sets out separate offences:

Conduct	Statutory penalty
Filming a person’s body that can cause sexual desire or shame, against their will (paragraph 1)	Up to 7 years’ imprisonment or a fine of up to KRW 50 million
Distributing, selling, renting, providing, or publicly displaying such footage, or distributing footage against the person’s will even if the filming itself was consensual, including footage the person took of themselves (paragraph 2)	Up to 7 years’ imprisonment or a fine of up to KRW 50 million
Committing a paragraph 2 offence through an information network for profit, against the person’s will (paragraph 3)	Imprisonment for 3 years or more
Possessing, buying, storing, or viewing footage covered by paragraph 1 or 2 (paragraph 4)	Up to 3 years’ imprisonment or a fine of up to KRW 30 million
Habitual offences under paragraphs 1 to 3 (paragraph 5)	Aggravated by up to one half

These are the maximum ranges in the current Act. The sentence in an individual case depends on many other factors.

How Courts Decide What Counts

The phrase “a body that can cause sexual desire or shame” is not a fixed list of body parts. The Supreme Court has said the question is decided objectively, from the standpoint of an ordinary person of the same sex and age group as the person filmed, while also looking at the person’s clothing and exposure, the intention of the person filming and how the filming came about, the place, angle and distance of the filming, the resulting image, and whether a particular body part was emphasised (Supreme Court 2008Do7007).

In 2024 the Supreme Court confirmed this approach and added that a body part a person chose to show in a public place can still fall within the offence. It should not be assumed that footage is lawful simply because the person was in public view (Supreme Court 2023Do13407).

Two further points from recent decisions:

Video calls. When someone records a video call on their phone, the recording can be treated as a copy of footage under paragraph 2 (Supreme Court 2024Do16133).
Possession. The possession offence requires footage connected to a punishable filming or distribution under paragraph 1 or 2 (Supreme Court 2024Do16133). Possession is treated as a continuing offence that lasts until the person stops having control of the footage (Supreme Court 2026Do541).

What This Means for a Foreign National

For a foreigner, an illegal filming case often starts suddenly: a complaint on the subway, a call from a partner, or a police request to attend an interview. The criminal case and its effect on your stay in Korea are decided in different processes. We explain the immigration side separately in how a criminal charge can affect your visa in Korea.

What Usually Happens

Police contact or a request to attend an interview. Your phone may become part of the investigation. See whether Korean police can take your phone.
The police interview. What you say is recorded in a written statement record that you are asked to sign. You can ask for a lawyer to participate. See what happens in a Korean police interview.
The prosecutor’s decision. The case may end without charges, with a suspension of indictment, or with prosecution, depending on the facts and the evidence.

Common Mistakes

Deleting files or messages before getting advice. We explain why in our answer on deleting messages in a sex crime case.
Contacting the other person directly to apologise or settle. A settlement does not automatically end a sex crime case, and contact can be misread. See whether a settlement ends a sex crime case in Korea.
Going to the interview without knowing what the evidence is. Preparation matters more than anything said on the day.

When a Lawyer Makes a Difference

The early stage decides a great deal: whether the footage meets the legal standard, what the circumstances of the filming were, and how the interview is handled. At YUSU Lawfirm, an English-speaking attorney prepares you for the police interview and attends it with you. Our results include a filming case where the arrest warrant was denied, a repeat filming case that ended with a suspended sentence, a filming case within a relationship that ended with a suspension of indictment, and a case where a fine was imposed and the employment restriction order was waived.

Frequently Asked Questions

I was in a public place. Can filming there still be a crime?

Yes. The Supreme Court has said that a body part shown in public can still be within the offence. The full circumstances decide it.

The other person agreed to be filmed. Am I safe?

Not if the footage is later distributed against their will. Paragraph 2 covers that situation.

I only watched or saved a video someone sent me. Is that covered?

Paragraph 4 covers possessing, buying, storing or viewing footage covered by paragraph 1 or 2. Whether it applies depends on the footage and how it was made and shared.

Will this affect my visa?

It can, but not automatically. The immigration outcome is decided separately and depends on the result of the criminal case and your situation.

Not Sure What Your Next Step Should Be?

Tell us what happened and whether the police have contacted you. An English-speaking Korean attorney will review it and reply.

Start a Case Inquiry

Illegal Filming Charge in Korea: What Foreign Nationals Should Know