Criminal framework

Act on Special Cases Concerning the Punishment of Sexual Crimes article 14 (illegal filming) and 14-2 (deepfake intimate images, added 2020). The statute was Original 2010, deepfake provision added 2020. Filming: up to 7 years imprisonment or fine up to KRW 50 million. Distribution for profit: up to 10 years. Deepfake intimate images: up to 5 years.

Civil and data protection framework

PIPA right to delete plus Information and Communications Network Act takedown procedures provides the parallel civil route. Personal Information Protection Commission (PIPC) is the national supervisory authority and accepts complaints against any controller processing intimate imagery without lawful basis. The official site is https://www.pipc.go.kr.

Direct takedown authority

The Digital Sex Crime Victim Support Center provides government funded removal assistance and operates a 24 hour intake. KCSC can order ICN providers to take down material.

Official victim support

Digital Sex Crime Victim Support Center is the recognised support service. Available at https://d4u.stop.or.kr.

Five step removal process for South Korea victims

  1. 1

    Preserve evidence before any contact with the perpetrator

    Capture full page screenshots with URLs visible. Save the original files. Note timestamps. This evidence supports both the Sexual Violence Punishment Act article 14 and 14-2 complaint and any PIPA right to delete plus Information and Communications Network Act takedown procedures request.

  2. 2

    File a criminal complaint under Sexual Violence Punishment Act article 14 and 14-2

    Report to local police or the national cybercrime unit. Digital Sex Crime Victim Support Center can assist with the report.

  3. 3

    Submit an erasure request under PIPA right to delete plus Information and Communications Network Act takedown procedures

    Send a written request to each platform's designated data protection contact citing the legal basis. PIPC can be petitioned if the platform fails to comply within 30 days.

  4. 4

    Send a US TAKE IT DOWN Act notice in parallel for covered platforms

    When the platform is subject to US jurisdiction, the 48 hour federal removal obligation applies in parallel with your domestic rights. ScanErase files these notices automatically.

  5. 5

    Track and escalate non compliant platforms

    Document every notice and every response. Use the regulator's takedown authority for non compliant platforms.

Frequently asked questions

What is the criminal NCII statute in South Korea?

Act on Special Cases Concerning the Punishment of Sexual Crimes article 14 (illegal filming) and 14-2 (deepfake intimate images, added 2020). Enacted Original 2010, deepfake provision added 2020. Filming: up to 7 years imprisonment or fine up to KRW 50 million. Distribution for profit: up to 10 years. Deepfake intimate images: up to 5 years.

Who enforces data protection rights in South Korea?

Personal Information Protection Commission (PIPC) is the national authority. Official site: https://www.pipc.go.kr.

Is there an official victim support service in South Korea?

Yes. Digital Sex Crime Victim Support Center provides direct help to victims. Site: https://d4u.stop.or.kr.

Does any regulator in South Korea have direct takedown power?

The Digital Sex Crime Victim Support Center provides government funded removal assistance and operates a 24 hour intake. KCSC can order ICN providers to take down material.

Can a South Korea resident also use the US TAKE IT DOWN Act?

Yes when the hosting platform is subject to US jurisdiction. The TAKE IT DOWN Act applies to covered platforms regardless of where the victim resides. ScanErase's scan finds every US covered platform hosting your images, so you can file notices there in parallel with PIPA right to delete plus Information and Communications Network Act takedown procedures requests.

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