(1) Article 2 subparagraph 1 defines “children or juveniles” as “persons under 19 years of age” and “child or juvenile pornography” as “depiction of children or juveniles, or persons or representations that can be perceived evidently as children or juveniles” doing sexual act.
(2) Article 17 (Obligations of Online Service Providers) imposes obligations regarding child pornography on OSPs as follows:
- Any online service provider who fails to take measures prescribed by Presidential Decree to detect child or juvenile pornography in the information and communications network managed by himself/herself or who fails to immediately delete the detected pornography and take technical measures to prevent or block transmission thereof, shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 20 million won: Provided, That this shall not apply where the online service provider has not been negligent in paying due attention to detect the child or juvenile pornography in the information and communications network or where substantial technical difficulty exists even though he/she has tried to prevent or block the transmission of the detected child or juvenile pornography.
- Online service providers of special type under Article 104 of the Copyright Act shall indicate words of warning, as prescribed by Presidential Decree, on the relevant screen or transmission program, clearly stating that a person who produces, distributes or possesses any child or juvenile pornography may be subject to punishment where their users search, upload or download the works stored at their computers, etc. (OSPs in violation of Article 17(2) will be punished by a civil fine not exceeding 30 million won according to Article 67(1).)
(3) The Presidential Decree provides two measures to detect child pornography. One is a notification system by the users, and another one is a measure which can detect child pornography upon its technical features. The problem is that it is illegal to establish a child pornography database in Korea because Article 11(4) punishes possession of child pornography while the DB is required to extract the technical features. Also, people who either willfully or accidently downloaded child pornography are equally punished for possession in Korea.
Topic, claim, or defense
Child Protection (Includes Child Pornography)
Type of service provider
General or Non-Specified
OSP obligation considered
Monitor or Filter
Block or Remove
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)