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Korean culture has a unique relationship with modesty, influenced by centuries-old Confucian principles and conservative traditions. However, there has been a gradual shift in societal norms since the start of the 21st century, prompting an in-depth look at the legal framework surrounding nudity and its impact on personal expression and freedom.

Through an exploration of real legal cases and the current regulatory framework in Korean law, this article will shed light on how nudity laws are navigated in public and private spaces across the peninsula.  

What Is Nudity in Korea

The concept of nudity in regard to law can vary depending on the cultural norms of society. Generally, nudity refers to the state of being unclothed or not wearing clothing that blocks private parts of the human body, including genitals, buttocks, and, in some cases, female breasts.

Since laws surrounding nudity are highly dependent on local regulations, it is important for anyone living in and visiting Korea to understand the legalities surrounding public lewdness, exposure, or promotion of exposure within the country’s borders.

Firstly, there are several key definitions of nudity throughout Korean law that should first be understood. We will introduce these seven sections and explain their meaning and potential sentences in further detail.

1. Public Indecency

“Public indecency (공연음란죄)” (Criminal Act, Article 245) is when a person who publicly commits an obscene act. It can be punished by imprisonment with labor for not more than one year, a fine not exceeding five million won, detention, or a minor fine.

In order for “public indecency” to be established as a crime, two requirements should be met.

One, publicity. The offense must be committed in a location where an unspecified or large number of people can see it. For example, even if you commit an obscene act outside of the house, it is not a crime if it is inside your private yard, but if you do the same thing on the street, it is a crime.

It is enough that your conduct “can be seen” by an unspecified or large number of people, not necessarily that it is actually seen by an unspecified or large number of people. So if you commit an obscene act on the street but no one happens to be walking by, it is still a crime as long as it happened on the street.

Second, an obscene act. According to the Supreme Court, this is an act that can stimulate the libido of ordinary people, causing sexual excitement and shame, thus violating sexual morality. What constitutes an “obscene act” is naturally a highly subjective concept, so all circumstances, such as the surrounding environment and the customs and habits of the community in which the event occurs, must be considered when determining whether an act is obscene.

Also, an “obscene act” does not necessarily require depicting sexual intercourse or expressing sexual intent. For example, there was a case where a company staged on unusual street performance to promote their new yogurt products. They had female models spread flour on their naked bodies, and then spraying yogurt on their bodies with a sprayer to remove the flour, and then throw the yogurts to the audience. The company claimed that this was an advertisement intended to convey the message that yogurt creates clean skin by washing away flour, which symbolizes body waste, but the Court ruled that the exposure of the body was “obscene” because it went beyond what was necessary for the advertisement.

2. Obscene Exposure

However, “public indecency” requires that an “obscene act” be committed, so simply taking off one’s clothes may not be considered that crime. Then, is there no law to punish public nudity itself?

Punishment Of Minor Offenses Act (경범죄처벌법) is a law regarding misdemeanor that is too light to be considered a crime. Article 3(1)(33) of that Act regulates “Obscene Exposure (과다노출)” (Punishment Of Minor Offenses Act, Article 3 (1)) as “Any person who embarrasses or offends other people by excessively exposing his/her genital, buttock or any other intimate part of his/her body in public places.” It can be punished by a fine not exceeding one hundred thousand won, by misdemeanor imprisonment, or by a minor fine. For example, there was an incident where a man in his 30s was punished under this regulation after entering a coffee shop wearing thongs.

As you can see, the penalty for “obscene exposure” is very low, but you should not think “Then can people be naked in the street with only minor fine?” Whether an act falls under the misdemeanor of “obscene exposure” or another more serious crime depends on the circumstances.

If you take off your clothes on the street and expose your genitals or buttocks, you will be probably punished of “obscene exposure” if it is merely offensive to others, but if it goes beyond that and looks obscene, you could be punished of “public indecency”, which is mush more serious crime, as mentioned above. 

3. Indecent Act by Compulsion

If you expose your genitals and show them to women or children, you could be punished of “Indecent Act by Compulsion (강제추행),” (Criminal Act, Article 298) which is an outright sex offense. It can be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 15 million won.

For example, let’s say a man got into an elevator alone with a young child, took off his pants, exposed his genitals, and masturbated in front of the child. This would not constitute “public indecency” because the “publicity” requirement is not met, but the offense would be too great to be punished as “obscene exposure,” which is only a misdemeanor. In this case, he can be punished for “indecent act by compulsion” against the child. This is because even though the man did not lay hand on the victim’s body, the Korean court believes that he committed a sexual offense by forcing the victim to see such an obscene sight.

As you can see, the laws surrounding nudity in Korea are aimed at keeping public order and decency and protecting individuals from offensive behavior and images. Thus, the above acts are subject to criminal penalties. Depending on the severity of the offense, offenders can face fines and/or imprisonment. Naturally, if a foreigner were to commit these crimes, their visa would be at risk.

It is essential for both residents and visitors of Korea to exercise appropriate caution. Respecting local customs and adhering to social norms is vital to ensuring a safe and enjoyable stay. Of course, if you feel that you are a victim of public obscenity, it is vital that you report it to a local police station as soon as possible. Any evidence you have will help the case move more quickly.

Nudity Case Study

In many television series and films, a character wearing a long trench coat, typically a man, flashes someone in public. Sometimes, this indecent performance takes a comedic approach. However, these cases are never humorous and occur daily in our society, causing trauma and upset to victims. Let us look more closely at a real case in Korea and how it was dealt with via the law.

Around 9 p.m. on October 9th, 2017, the defendant stood in front of a popular monument with his pants and underwear pulled down. His genitals and buttocks were exposed. He then proceeded to walk down to the end of the monument and walk back again. The monument depicts women with their breasts exposed as well as mostly naked men.

The incident took place at night, but the road in front of the monument was well lit, and many people were passing through. An outsider witnessed the scene and also noted that many children were in the area. Thankfully, the outsider was able to report it quickly to the police, who reached the monument before the defendant fled.

Although there may have been a sexual intention behind the defendant’s action, particularly as the monument displayed nudity, this case was viewed as a “public indecency”. The man was in public and fully aware of others around him. In addition, he continued to perform the lewd act for a long period of time. This was determined to be an obscene act under Article 245, and the defendant was punished as such.

Let us look at a slightly different case to see how nudity does not always correlate to a ‘public obscenity’.

There was a case where two men got into a fight over parking in front of the store. One man yelled at the other, “Do you drink with your mouth or your asshole?” The other man got angry and said, “How do you drink with asshole? Pour alcohol up into my asshole,” and pulled down his pants and underwear, sticking his buttocks out. He was accused of “public indecency” due to the fact that he did this in a store where women were present, but was found not guilty. In this case, the Court judged that the defendant exposed himself in protest rather than for sexual gratification. 

What To Do When Being Charged for Nudity In Korea

If you or someone you know is being charged for nudity in South Korea, it is vital that you understand your rights as well as the legal process. Although it is always best to hire a multilingual lawyer who has years of experience, there are a few steps you can take on your own.

1. Seek Legal Representation

The first and most crucial step is to engage a competent attorney experienced in handling nudity cases. The team at Seoul Law Group will not only provide valuable legal advice and explain the charges in English, they will also guide you throughout the entire court process.

2. Gather Evidence

Seoul Law Group will work with the individual to collect all possible evidence in support of their innocence. This may include witness testimonies, videos, photographs, etc. that can challenge the prosecution’s claims.

3. Negotiation

Depending on the circumstances and evidence, the defense may wish to negotiate for a plea bargain or a reduced charge, leading to a less severe sentence.

4. Court Proceedings

The accused should always cooperate with their lawyer and attend all court hearings. Failure to turn up will likely result in further legal struggles.

5. Understand the Consequences

Understanding the potential consequences and charges that may come as a result is important for all involved. This can be anything from fines, probation, community service, visa removal, and imprisonment. The severity of the crime is determined by the judge, but an expert lawyer such as those working with Seoul Law Group is always beneficial for the chance of a reduced sentence.

6. Avoid Discussion

It is always advisable for the accused to avoid discussing the case on social media or with the press. Any public or private statements on record can be used against you.

7. Compliance

It’s essential to comply with any court orders, most importantly not leaving the country. If the accused believes there to be errors during the trial, they may have the right to appeal the decision. Seoul Law Group will also help them through the process.

When it comes to nudity and public obscenity in Korea, it is never a good idea to take any risks. If you are unsure whether or not something qualifies as ‘nudity’, consider consulting Seoul Law Group in advance to discuss your rights. In addition, legal procedures can vary based on individual circumstances and regular changes in the law. Consulting with a qualified attorney at the Seoul Law Group is critical for the best possible defense and outcome.