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| TITLE | Supreme Court Decision 2012Do13352 Decided October 26, 2017【Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Distribution of Obscene Materials)】 [full Text] |
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| Summary | |
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[1] Meaning of “obscene” under Articles 44-7(1)1 and 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. Requirements for a certain expressive material to be deemed an “obscene expressive material subject to criminal punishment” and its determination criteria [2] In the event that an obscene material is combined with a cultural, artistic, ideological, scientific, medical, or educational expression, whether an act of expression via such material constitutes “act that does not violate social rules” under Article 20 of the Criminal Act [3] In a case where a deliberating member (hereinafter “Defendant”) of the Korea Communications Standards Commission: (a) posted “images of a man’s erect penis” on his personal blog, which the Commission decided as obscene material; and (b) was indicted on the charge of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (distribution of obscene materials), the case holding that: (a) although the images themselves fall under an obscene material; (b) the Defendant’s posting is an expressive material in which images are combined with scientific and ideological expressions; and (c) therefore, such posting does not constitute “act that does not violate social rules” under Article 20 of the Criminal Act |
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