In a significant decision that strengthens the legal protections for minors, the South Korean Supreme Court ruled that sending sexually explicit messages to a child can constitute sexual abuse of children under Korean law, even if the child never actually reads them.
This ruling reinforces a preventative approach in the interpretation of child protection laws and expands the scope of what constitutes a punishable offense.
Background of the Case: A Case of Sexual Abuse of Children
The case involved a man (referred to as A) who approached an 8-year-old girl at a playground in 2022 under the pretense of buying her food. After obtaining her phone number, he sent her two explicit messages containing images of his genitals.
Fortunately, the girl’s mother had already blocked the number, so the messages went straight to a filtered inbox without the child seeing them. However, the mother discovered the messages and reported the incident to the authorities.
Lower Court Rulings: A Mixed Bag
In the first trial, A was convicted. But on appeal, the decision was overturned. The appellate court ruled that because the child had not seen or been aware of the messages, the act could not be considered as sexual abuse of children under the law.
Supreme Court Reverses the Decision
The Supreme Court, however, disagreed. On July 18, 2025, the Court ruled that a violation of the Child Welfare Act and the Act on the Protection of Children and Juveniles Against Sexual Abuse does not require the victim’s actual exposure to the obscene content.
According to the Court, it’s sufficient that the message reached a place where the child could have easily accessed it. The fact that the message landed in a folder that the child could eventually open qualifies as an act of sexual abuse of children under Korean law.
The Court emphasized that:
“Sexual abuse includes not only acts that actually harm a child’s development but also those that pose a risk or potential to do so.”
Intent isn’t necessary either. Even if the perpetrator didn’t aim to harm the child’s development directly, being aware that the action could possibly lead to such harm is enough for criminal liability.
Why This Ruling on Sexual Abuse of Children Matters
This ruling clarifies a critical issue in digital-era criminal law: how do we treat obscene content sent to minors when the medium allows for delay or blocking? The Supreme Court’s answer is firm: if there is any realistic possibility that the child could access the material, the offense is complete.
It sends a clear message to potential offenders: don’t assume you can escape liability just because your messages were filtered or blocked. The legal standard now prioritizes the potential for harm over the actual event of exposure.
Legal Takeaway: Expanding the Scope of Sexual Abuse of Children
Under Korean law, particularly the Child Welfare Act and the Sexual Violence Punishment Act, sending explicit messages to minors can constitute completed sexual abuse of children if those messages reach a state where the child could view them, even if they never do.
This expands the legal definition of sexual abuse of children under Korean law to better align with the realities of modern communication.
Final Thoughts on Protecting Children in the Digital Age
This decision aligns South Korea more closely with a protective stance toward children, recognizing that the digital age requires proactive measures in law enforcement and interpretation.
As a society, it’s vital we prioritize the psychological and emotional safety of children—even before harm actually occurs. The Supreme Court’s ruling is a major step in that direction.
If you have any questions about how this ruling might impact similar cases or legal responsibilities under Korean law, feel free to reach out to Simon at simon@pureumlawoffice.com.
