And in your legal WTF moment of the day…

by Robert Koehler on December 26, 2012

in Korean Society

So… a guy in his 40s is running a photo studio.

He uses a timer to photograph female students for their ID photos.

Now, I use a timer—well, exposure delay—to minimize camera shake on landscape shots since my remote is broken. This guy, however, used it to sneak behind the girl, lower his pants, and get a shop of him, his mini-me and the girl all together.

He provided the girls with regular photos, and saved his more artistic shots separately.

He took hundreds of these shots beginning from last year.

In May, he was indicted for violating child protection laws, but according to the Seoul Shinmun, an appeals court recently found him innocent.

Why, you ask? Because there’s apparently no law for what he did.

You see, the perv was charged with producing indecent material using a minor. The law, however, requires a subject that looks like a minor engaging in a sexual act. What we have here, Seoul High Court ruled, is just a guy exposing parts of his body near a minor without their knowledge.

And this was actually a step up—the appeal court at least agreed to hear the case. The lower court through out the indictment because the charges were specific enough.

{ 18 comments… read them below or add one }

1 Jakgani December 26, 2012 at 2:41 pm

 The law, however, requires a subject that looks like a minor engaging in a sexual act. 

so taking nude photos of minors is OK – if they are not engaging in a sexual act?

maybe I misunderstood it wrong?  I thought Korea wanted to get tougher on Child porn?

2 Kevin Kim December 26, 2012 at 2:45 pm

“Because there’s apparently no law for what he did.”

Indecent exposure?

3 Anonymous_Joe December 26, 2012 at 2:52 pm

so taking nude photos of minors is OK – if they are not engaging in a sexual act?

The minors weren’t nude.  He exposed himself while standing behind them.

I still don’t know how they don’t get him on producing and possessing child pornography.  I don’t think that it’s it requires a leap to conclude that he took the pics for sexual gratification.  

4 Guest3424 December 26, 2012 at 3:19 pm

There is no law that fully explains the mysteries of why people do what they do.
No one was harmed and no sex occurred. The court is correct.

5 Hardy and Tiny December 26, 2012 at 5:14 pm

Yes

6 Brendon Carr December 26, 2012 at 5:21 pm

This sounds legally correct to me. If the minors were unaware that he was exposing himself, and he didn’t display or distribute their photos, it’s difficult to see where the crime is.

7 Hardy and Tiny December 26, 2012 at 6:17 pm

Why would it matter if they were aware of it when it happened? It happened, and they are now aware. It was recorded, it’s now tantamount to doing it in front of their face.

8 gbnhj December 26, 2012 at 6:31 pm

One wonders, then, how he ended up getting busted for it in the first place. Seems like someone saw his pecker, either actual or photographed, at some point.

9 YangachiBastardo December 26, 2012 at 6:34 pm

I was wondering the same thing: how did he get bust ?

10 Hardy and Tiny December 26, 2012 at 6:40 pm

good question

11 Jakgani December 26, 2012 at 11:23 pm

You’re afraid of getting caught the same way YangachiBastardo?   Yeah… we are watching you…

12 YangachiBastardo December 26, 2012 at 11:28 pm

Seriously Jimmy Jackass…just fuckin’ pray you never cross my path ‘cos i’ll be really curious to find out if you’re gonna keep that same funny smug attitude of yours, flora&fauna

13 Jieun K December 27, 2012 at 12:37 am
14 ig5959292ee December 27, 2012 at 2:37 am

 awesome post mate.

15 mightymouse December 27, 2012 at 12:49 pm

Inappropriate act? Yes. Criminal as in child endangerment? I’m not sure about that. He was doing it knowing that they weren’t looking.  Poor taste? Yup.

16 joey December 27, 2012 at 5:37 pm

I don’t think that it’s it requires a leap to conclude  .  
LA7840

17 will.i.aint December 28, 2012 at 12:27 am

 Poor taste?  I think that’s what Monica said about Bill . . . in another case of a man exposing his penis.  I think her actual words were, “He left a bad taste in my mouth.”

18 cactusmcharris December 28, 2012 at 1:04 am

 Jieun K,

I was rocking the same beat as that, too, after I read YB’s commentary.

Previous post:

Next post: