Legal definitions
In Korea, a child or youth is a person under 19 years old, except for a person for whom the first day of January of the year in which they reach 18 years of age has arrived. The legal age of consent for sexual activity is 17 years old, with exceptions to criminal liability in certain circumstances involving sexual activity between youth 14 to 18 years old.
Child pornography is referred to as child and youth sexual exploitation materials and the relevant definition likely includes computer generated CSAM. Sexually explicit conduct is not defined in law, but a Supreme Court holding has articulated a definition. Child sexual abuse, enticement or grooming, and sextortion are not specifically defined, but related concepts exist in several laws.
Regulatory requirements/recommendations
Certain online providers are required to designate a person responsible for online child safety and a person responsible for preventing the circulation of illegally filmed materials. Online platforms are not required to review, screen, moderate, or report online child sexual exploitation content. Regardless of whether the platform discovered CSAM or if it was notified by a third party, online platforms are required to delete CSAM and similar content immediately.
Age verification requirements/recommendations
Online platforms, in certain circumstances, may be required to verify the age of their users to restrict youth access to harmful material.
Parental consent requirements/recommendations
If an online platform collects, maintains, or uses the personal information of a child under 14 years old, it must obtain consent from the child’s parent or legal representative.
Legal remedies for child victims
Online platforms may be required to stop the publication of CSAM and are obligated under threat of fine or other penalties to remove CSAM of which they become aware. Victims may seek preliminary injunctions to delete or stop the posting of imagery, though there is no legal provision specific to CSAM. There is no legal provision that would prohibit the person who posts CSAM from posting on another platform, but there are other social and criminal consequences. Child victims and their parents may seek civil damages or, within a criminal proceeding, victim compensation. Korea also provides child victims with youth support facilities, youth counseling, welfare centers, youth shelters, and other institutions. According to the Rules of Police Investigation and the Criminal Procedures Act, a police officer or a prosecutor, under different circumstances, must notify a victim about certain aspects of an investigation or prosecution.
"Safety by Design" requirements
Online platforms—if they meet certain user base and revenue thresholds—are required to incorporate specific measures related to safety by design, specifically to prevent the circulation of illegal filmed materials.