Deepfake victimization has increased sharply in Korea, and the legislature has responded with tougher rules. In this article, we examine the key amendments and how the Korean Supreme Court have interpreted these provisions, and what individuals living in Korea should keep in mind.
Table of Contents
Key Amendments to the Deepfake Provisions
The National Assembly passed the amendment of “ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF SEXUAL CRIMES(성폭력 범죄의 처벌 등에 관한 법률)” on September 26, 2024, and the revised provisions took effect in October 2024. The main changes are as follows:
1. Removal of the Distribution Purpose Requirement: Before the amendment, creating a deepfake was punishable only if the creator intended to distribute it. That requirement has been deleted, so editing, synthesizing, or processing material against the subject’s will is now a crime in itself (Article 14-2(1)).
2. Heavier Penalties: The maximum penalty for creating a deepfake was raised from five to seven years of imprisonment, and distribution is now punished with the same maximum (Article 14-2(1) and (2)). Distributing a deepfake for profit through an information and communications network now carries a minimum of three years of imprisonment (Article 14-2(3)).
3. Possession and Viewing Are Now Crimes: Purchasing, possessing, storing, or viewing a deepfake is punishable by imprisonment of up to three years or a fine of up to KRW 30 million (Article 14-2(4)).
4. Attempts Are Punishable: Under Article 15, attempts to commit offenses under Articles 14-2 and 14-3 are also punishable.
Interpretation of Article 14-2
1. Protected Legal Interest: Unlike the illegal filming offense, a deepfake does not record anything that actually happened. The offense protects a person’s personality rights, meaning dignity and reputation, rather than bodily rights or sexual self-determination. Because viewers may mistake a deepfake for real footage and it can remain searchable online indefinitely, the harm to the person depicted is continuing.
2. “Against the Subject’s Will”: The offense requires that the material be created or distributed against the will of the person depicted. Material created with the subject’s consent but later distributed against the subject’s will is punished in the same way (Article 14-2(2)).
3. Creation and Distribution Are Separate Offenses: When someone both creates and distributes a deepfake, these are treated as separate offenses rather than treating creation as absorbed into distribution, because each act carries its own illegality.
Recent Supreme Court Decisions
Two recent Supreme Court decisions show how the courts define the boundaries of these offenses.
1. Supreme Court Decision, June 12, 2025, 2024Do14039
| On September 4, 2022, the Defendant approached the Victim (the Defendant’s ex-girlfriend, age 26) and showed her a photograph stored on his Samsung Galaxy phone. Although the photograph was not of the Victim but of an unidentified woman’s genitals, the Defendant threatened the Victim by pretending that the photograph showed her body and that it would be shared with other people. |
This case concerned Article 14-3, which punishes threats made using sexual photographs or videos, including deepfakes, with imprisonment of at least one year, and coercion by such threats with imprisonment of at least three years.
The Supreme Court held that if no recorded material or copy of the victim actually existed, and therefore there was no risk that such material would be possessed, purchased, stored, viewed, or distributed, the victim’s right to sexual self-determination was not at risk of being infringed, even if the defendant deceived the victim into believing that such material existed.
Accordingly, Article 14-3(1) of the Act on Special Cases Concerning the Punishment of Sexual Crimes does not apply.
2. Supreme Court Decision, August 14, 2025, 2024Do17801
| In March 2023, the Defendant asked an unidentified person, whom the Defendant had met on Twitter (now X), to create fake sexual images. The Defendant combined this sexual image with a photograph of the face of the Victim (female, age 16), which the Defendant had collected from Instagram. In this way, the Defendant produced child and youth sexual exploitation material. |
This case shows how Article 14-2 interacts with the Act on the Protection of Children and Youth (아동·청소년의 성보호에 관한 법률).
The Supreme Court held that “child or youth sexual exploitation material in which a child or youth appears” means material that depicts a real child or youth, rather than a mere image of one, engaging in sexual acts.
Accordingly, a composite photograph that combines the face of a real child or youth with a nude photograph of an unidentified woman, or a so-called deepfake video, is not the real child or youth in question but an image of a child or youth created by its creator. Because the real child or youth cannot be regarded as appearing in such material, it does not constitute “child or youth sexual exploitation material in which a child or youth appears” under Article 2, subparagraph 5 of the Act on the Protection of Children and Youth against Sexual Abuse.
However, if such composite material depicts sexual acts of a child or youth, it may constitute “child or youth sexual exploitation material in which a representation that can be clearly perceived as a child or youth appears” under Article 2, subparagraph 5 of the same Act.
Both decisions show that current law is anchored to a real, identifiable person.
A bill introduced in September 2025 would extend the law to AI-generated sexual content depicting virtual persons who can be perceived as real people.
Practical Considerations for Individuals Living in Korea
From the amendments and case law above, several points deserve attention:
1. Possession and Viewing Alone Can Be Prosecuted: Receiving a deepfake through a messaging app, saving it, or watching it online can lead to criminal liability even if a person never created or shared it. Korean criminal law generally requires intent, so accidental exposure differs from knowing possession, but the safest course is to delete such material immediately and never forward it.
2. Consent at Creation Does Not Cover Later Distribution: Even where the person depicted initially agreed to the creation of the material, distributing it against that person’s later wishes is punishable under Article 14-2(2).
3. Threats Are Punished More Severely: Using a deepfake that depicts the victim to threaten someone, for example to demand money or additional images, falls under Article 14-3 and carries a minimum sentence of one year, or three years if the threat is used to coerce.
4. Foreign Nationals Are Not Exempt: Korean criminal law applies to anyone who commits a crime within Korea, regardless of nationality. A conviction, or even a suspended prosecution, may also affect a foreign national’s visa status and future immigration applications.
If you are under investigation for a deepfake crime, or if you are the victim of one and need legal representation, contact Seoul Law Group today to discuss your situation with an experienced attorney.