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Crimes involving Illegal Contents

Concept of Illegal Contents Crime

- The distribution, sale, lease, or display of goods, services, or information which is prohibited by law through information network systems (computer systems)

※ In cases where the contents being distributed through information network systems is illegal(Utilized terminology found in Section 44.7 of the Information Network Law)

Cyber Pornography

- Publicly displaying, leasing, selling, or distributing pornographic video, sounds, images, words, or signs through information network systems (computer systems)

1) General pornography

- The display, lease, sale, and distribution of contents which arouses sexual excitement by stimulating the sexual desires of a person and goes against normal moral standards toward sex through information network system (computer systems)

2) Child pornography

- The distribution, sale, lease, display of contents which contain people who are clearly recognizable as children or teens engaging in sexual intercourse, similar sexual acts, acts which cause sexual shame or repulsion, masturbation, or other sexual acts through information network system (computer systems)
(Refer to the definition provided in section 2 of the Laws on the Protection of Children and Teenagers from Sexual Offenses))

Cyber Gambling

- Gambling (or acts of gambling) or opening gambling sites through information network systems (computer systems)

※ There are only prohibition regulations under the information network laws and no penalty regulations, but considering the fact that this can cause a serious social problem, it has been included as a cybercrime after policy considerations.

1) Sports Toto

- gambling (including all gambling acts) by using sports promotion voting or systems which issue similar ballots through information network systems (computer systems)

2) Horse Racing, Bicycle Racing, or Boat Racing

- gambling (including all gambling acts) through racing such as horse racing, bicycle racing, or boat racing through information network systems (computer systems)

3) Other Internet Gambling

- gambling by opening gambling sites for the purpose of gaining profits through other methods other than the ones mentioned above through information network systems (computer systems)

Cyber DefamationㆍInsult, Cyber Stalking

Cyber DefamationㆍInsult

- Cyber defamation : defaming others through information network systems (computer systems) (information network law section 44.7 article 1 clause 2)

- Insult : unnecessarily insulting another through information network systems (computer systems)

Cyber Stalking

- Allowing symbols, words, sounds, images, or video which cause fear or anxiety to repeatedly reach another through information network systems (computer systems) (information network law section 44.7 article 1 clause 1)

Other Illegal Contents Crime

- Crimes which are committed through the distribution, sale, lease, or display of goods or services prohibited by law through information network systems (computer systems)

- Illegal contents crime which do not fall under any of the 4 categories (cyber pornography, cyber defamation•insult, cyber stalking, cyber gambling) mentioned above

《 Examples of Other Illegal Contents Crime 》

Not Indicating and Providing Harmful Media Contents for Teens for Profit Making Purposes, Advertisement and Exhibition of Harmful Media Contents for Teens(Information Network Law Section 73, Article 2, Clause 3)

- In cases where non-indicated harmful media contents for teens are provided for profit making purposes or in cases where they are advertised or exhibited among contents being distributed through information network systems (computer systems)

*Creating False Citizen Registration Numbers and Using it for Financial Gain (Citizen Registration Act Section 37, Clause 1)

  • In cases of where false citizen registration numbers are created for the purpose of property gains for oneself or for another through information network systems (computer systems)

* Delivering or Distributing False Citizen Registration Number Generators (Citizen Registration Act Section 37, Clause 1)

  • Delivering or distributing programs which generate false citizen registration numbers through information network systems (computer systems)
《 ※ Reference Related to the Concept of Illegal Contents Crime 》

* Utilized terminology used in section 44.7 of the Information Network Law for the main classification titles (illegal contents)

  • basic : included crimes as cyber crimes for those with penalty regulations for illegal information distribution under the Information Network Law
  • additional : added crimes such as cyber gambling under the classification of cyber crimes considering the fact that it is becoming a social problem and with consideration for policy

* Information Network Law Section 44.7 (prohibition of distribution of illicit information, etc.) Article

  • Section 44.7 Article 1 Clause 1 Cyber Pornography ⇒ penalty clause section 74 article 1 clause 2
  • Section 44.7 Article 1 Clause 2 Cyber Defamation ⇒ penalty clause section 70 article 1 clause 2
  • Section 44.7 Article 1 Clause 3 Cyber Stalking ⇒ penalty clause section 74 article 1 clause 3
  • Section 44.7 Article 1 Clause 5 Harmful Contents to Teenagers ⇒ no penalty clause in the Information Network Law(penalty clause in the Teenager Protection Act)
  • Section 44.7 Article 1 Clause 6 cyber gambling ⇒ no penalty clause in the information network law (penalty clause in various special laws and criminal laws)

* Child-pornography is included under content-related offenses among the types of cybercrime in the EU Cybercrime Agreement

* “Hate speech, child pornography, etc.” are included in the UNODC report under content-related acts category