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After the enactment of the protection law for children and adolescent, which was amended in March last year, the media bombarded us with reports on pornography of children and adolescent. There were a number of cases that people got caught for uploading or downloading pornography that contains a sexual act of someone “recognized” as children or adolescent.

 

In order to find out to what extent the cases of violating the protection law for children and adolescent increased, especially the ones related to child and adolescent pornography (Article 8. Production and distribution of child and adolescent pornography), the Center for Freedom of Information requested the Supreme Prosecutors’ Office the information on the violation cases of the protection law for children and adolescent, especially the ones related to child and adolescent pornography.

 



 

  According to the Supreme Prosecutors’ Office, the number of reported cases which were 82 in 2010 and 100 in 2011 increased to 2224 in 2012. The number of cases has increased by more than 22 times compared to 2011.

 

  The number of prosecution cases also increased as the number of reported cases increased. The number of cases for prosecution, which was 38 and 58 in 2010 and 2011 respectively, dramatically increased to 775 in 2012. The ratio seemingly shows a slight decrease, showing 34.8% in 2012 which used to be 46.3% and 58% in 2010 and 2011 respectively. However, the number of cases and ratio of prosecution will be higher considering the unprocessed 940 cases currently classified as “others”.

 

  Then how come these types of incidents increased? Is it because the number of people watching child and adolescent pornography suddenly increased? Probably there won’t be many people who agree with that. Of course, the fact that the police conducted intensive control can be one of the reasons. However, the biggest reason is that the controversial law was hastily pushed ahead.




How should this kind of scenes be classified based on the protection law of children and adolescent? (Popular drama “Reply 1997” aired on TvN)

 

  In September 2011, the amendment of the protection law for children and adolescent extended the definition of child and adolescent pornography to expressing sexual acts involving human or symbols that can be recognized as children or adolescent. The law imposes a fine up to 20 million won in case of possessing child and adolescent pornography. Regarding this, some argues that the law possibly violates the constitution with its vagueness and potential to be abused, and criticizes that the country is excessively invading the individuals’ freedom and privacy.



The movie “Eungyo” was suggested in the controversy over the protection law for children and adolescent as a case that shows the amended Paragraph 5 of Article 2 is problematic.


 

  The amendment of the law is aimed at preventing consistently increasing sexual crimes against children and adolescent. It has been a year since the amended law was implemented, but sexual crimes against children and adolescent show no signs of being eradicated. It is the society and community that have broken down but perhaps the government is only blaming pornography.





The amendment of the protection law for children and adolescent stirred a tornado of protest among comics, animation and game industries (credit: news1)

 

The children without the protection of their parents need to be under constant care and education in order to prevent sexual crimes against them. Making laws require wariness. It is because the laws that do not guarantee stability only increase social confusion. You can find the relevant information below.

 


아청법2010-2012(대검찰청).pdf




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