With Every Click: An Analysis of South Korea’s Hidden Camera Epidemic and Laws Against Digital Sex Crimes
Ranging in places from bathrooms to motel rooms, molkas, the Korean abbreviation for “hidden cameras,” have created a wave of outrage for their use in voyeuristic crimes. In 2018, the Supreme Prosecutors’ Office of the Republic of Korea recorded approximately 6,800 known cases of crimes involving the illicit filming of others [1]. Furthermore, celebrity involvement in molka cases, such as famous K-pop singer and personality Jung Joon-young falling prey to molkas, have fueled South Korea’s #MeToo movement [2]. South Korea has developed various laws related to privacy and digital sex crimes to face this criminal offense. However, with the lack of limitations on the accessibility of molkas, weak policies regarding privacy and digital sex crimes, and biased judgment against victims in court, greater action must be taken to address this issue.
South Korea’s laws against filming with hidden cameras are limited and do not sufficiently sanction the defendant. Based on the provisions of Article 14 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 1 of the Act on Punishment of Hidden Camera Crimes defines a “hidden camera crime” as an offense done through a camera or similar device that takes or distributes photos or videos of someone that may induce sexual desire or shame onto them. However, those accused would receive a punishment of imprisonment for no more than five years or a fine of no more than 10 million South Korean Won [3]. Naturally, some victims disagree about whether these sentences are sufficient for the amount of public shame caused. Even for those found to have used molkas or found to have illegally distributed their videos, only 9% of the convicted defendants were sentenced to imprisonment and 77% were sentenced to fines of less than 3 million won, according to a study analyzing 216 trial judgments from October 2012 and April 2015 [4]. This is not to deny the significance of the various policies South Korea has against digital crimes and privacy, including the Act on Promotion of Information and Communications Network Utilization and Information Protection [5]. These laws target the videotakers, sellers, or website holders who illegally traffic in molka videos. However, they do not address the viewers of the crime, since digital crimes are difficult to track due to the advancement of technology. Greater policy reform and sentencing are needed within the court system to demonstrate South Korea’s sincere determination in facing these crimes.
Judgments made regarding inappropriate filming with hidden cameras have demonstrated an emphasis on favoring men’s natural sexual desire and highlight women’s shamefulness when being inappropriately filmed. Within the South Korean court system, judgments on molka cases consider whether specific angles determine if filming was taken with inappropriate intentions in mind. Additionally, the clothing of the victim can be seen as a factor for the court’s judgment. Men’s natural sexual desire is viewed as if men cannot help themselves if there is any potential women can be seen in a sexual or promiscuous manner. Contrastly, women are shamed for promiscuous/sexual behavior due to the traditional views of gender norms in South Korea. This may include how exposed the victim’s body was in the video or whether the video in particular highlighted the breasts, buttocks, or other sexually suggestive body parts [6]. This all takes place in the context of the recent faltering of South Korea’s efforts in gender equality. Alongside the country’s long-standing, historical patriarchal gender roles, there has been a recent effort to undermine equal rights with the abolishment of its Gender Equality Ministry [7]. The biased judgment against victims further demonstrates the need for reformation against facing molkas and their users.
Despite the increase in illicit-filming crimes, the absence of restrictions on purchasing a microcamera reinforces weak initiatives meant to protect the citizens of South Korea. Purchasing a microcamera is not illegal in South Korea. With a simple search for one on the Internet, one can find a small camera costing approximately ₩5,000, or less than 5 USD. If someone wanted to purchase a microcamera of higher quality, one could purchase around three camouflage hidden cameras with excellent resolution for only ₩100,000, or approximately 77 USD [8]. Though South Korea has deemed filming without consent with hidden cameras as illegal, they remain heavily available for consumers. It has made the cycle of filming an illicit video, sharing the video, distributing its content, and finally having the video become seen by thousands of people, an increasing issue within the country [9]. South Korea has passed various laws regarding digital sex crimes but restrictions on the sale of molkas have not yet been passed. For reasons such as this, women's protests have become more prominent in South Korea. On August 4th, 2018, approximately 70,000 women united in central Seoul to hold one of many protests against molkas that year and the largest women-only rally in South Korean history [10]. If South Korea wants to tackle the issue effectively, the government should remove the chance of even obtaining such hidden cameras in the first place. Banning hidden cameras could still lead to a black market trade of the goods, where these transactions would be illegal. However, there are no restrictions, so the difficulty to purchase these goods is low. The fact of how easily accessible the cameras are to obtain demonstrates insufficient limitations on the sale of molkas.
Overall, with the rise of women’s rights and equality in South Korea, the usage of molkas and other forms of digital sex crime continue to be a source of fear and trauma for many of its victims. Ways to effectively crack down on digital sex crimes within the country could range from the confiscation of hidden cameras or stricter punishments to deter potential criminals from considering such a crime. Additionally, there is a greater need to end biased judgments and the consideration of the victim’s clothes in court cases, specifically through new precedents and legal reform. Even in the United States, though not as prominently publicized, incidents of voyeurism and illicit filming occur every day [11]. However, with the current state of South Korea’s abundant molkas, it continues to be a pressing issue affecting thousands of victims, whether they are aware they are being filmed or not.
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