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A Study on Criteria for Child Pornography in Accordance with Children and Youth Sex Protection Law

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2015, 3(1), pp.157-180
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Kwon Yangsub 1

1군산대학교

ABSTRACT

The need for cracking down child pornography is very high in that the distribution of child pornography may lead to child sex offenses. Also, the investigation of child pornography is significant judging by our legal system treating child pornography as a serious crime. However, the interpretation of provisions of Children and Youth Sex Protection Law which prescribe the child pornography is controversial. This paper examined the criteria for child pornography pursuant to Children and Youth Sex Protection Law on the basis of comparative law with legislation cases of foreign countries. Furthermore, more objective criteria were presented through precedents. To be regarded as child pornography, the main contents of images should express the sexual act etc. of children and adolescents. Also, several information given about appearance and physical growth conditions of characters, source or production details of images, identity of characters should be comprehensively considered. It should be the case recognized as children and adolescents apparently without doubt when judged objectively from the perspective of ordinary people. An image should not be regarded as child pornography for a reason that characters look somewhat difficult.

Citation status

* References for papers published after 2023 are currently being built.