Photographing Legs is NOT Sexual Harassment in Korea

[krykrykrynunit]

Does taking a picture of the bare legs of a woman in a miniskirt constitute sexual harassment or not? Korea’s top court said, ``No.’’

The Supreme Court acquitted a 34-year-old man of charges that he sexually harassed a young woman by taking a picture of her legs on the subway last December.


The man, identified as Ahn, photographed the legs of the woman in her 20s using his mobile phone. She was sitting in front of him while he was standing.

During questioning, police found the photo saved on his mobile phone and charged him with sexual harassment. The picture shows legs with a skirt covering her thighs 10-15 centimeter up from knees, according to the court records.

The key in this case was to establish whether Ahn’s act constituted a violation of that law. But the photo presented as evidence does not reveal the face of the woman and only features her legs below the short skirt. The Supreme Court said the picture did not fully prove that Ahn wanted to gratify his sexual desire or to cause the woman humiliation by taking it.

The top court supported an acquittal by a lower court which said, ``It is hard to say that the defendant took a picture of a part of another person’s body that can cause sexual desire or shame.’’

Under the law on sexual harassment, those found guilty of photographing parts of other people’s bodies in a way that can cause sexual desire or shame can be jailed for up to five years or fined a maximum 10 million won ($10,000).

Prosecutors had demanded the accused be fined 500,000 won.

A lawyer approved the Supreme Court decision, saying the man had not taken photos of intimate parts under the skirt and had not spread the photo on the Internet. Therefore if he had been found guilty, his personal freedom would have been limited excessively.

Women rights advocates criticized the ruling. ``No matter which part of the body the man photographed, it is an infringement of human rights if he took the picture without her permission,’’ said Kim Eun-kyung, a director of Korea Women’s Associations United.

``It is regrettable that recent court rulings are lenient to violators of women rights,’’ she added.

source-asianoffbeat

[Jademoon20]

First of all, she wore the skirt in public so her legs are a common body part to be sticking out. Anyone around her could see her legs without doing anything (like lifting skirt up, etc.). Not private parts at all and the guy probably just liked legs. If everyone can see it, its not sexual or private, therefore not harassment. OMG ppl it was legs. He didnt do anything. Not like he zoomed on the crotch or boobs or something perved.

[Runesave]

500 bucks for leg photos kind of sucks, no? Would have sucked to have been caught redhanded.

``It is regrettable that recent court rulings are lenient to violators of women rights,’’ she added

lol... wasn't that bad, but i guess the guy was pretty dumb to do such a thing. But I'd guess I'd want you dead if you were fotographing, say, my daughter's legs

[Ignis]

I think it's only Japan that has such a craziness. Well, at the very least, even he's considered not guilty, didn't the girl he photographed feel bothered or something?

[Crator]

I do think this counts as some kind of harassment as it does have bad desires attached to it. She was wearing a skirt which does mean they were visible anyway. Depends on how you look at it I guess.

[vaninja]

Some ppl are into foot or leg fetish.

Women rights advocates criticized the ruling. ``No matter which part of the body the man photographed, it is an infringement of human rights if he took the picture without her permission,’’ said Kim Eun-kyung, a director of Korea Women’s Associations United.

I aggree that taking a picture without permission is a crime. Esp when they take private part of the body.

[kys3923]

If it was harassment, taking a photo of a whole figure of a woman, and then cutting out the leg part would be the harassment too. Taking a photo is not harassment. The action after (whatever you think of) will be the harassment.

[gaventang]

It's not sexual harassment if you as for permission but can be conceived as sexual harassment if preformed with bad intentions.

[psycopathx]

everyone is on camera for loads of time without giving their permission (cctv, security cams etc) so that completely negates the "without permission is a crime" claim, and seeing as she was wearing a miniskirt out in public (thereby intentionally revealing her legs) there is nothing there to be charged with...if you wear clothes that expose your body, you can't get mad when people look. its not like it was an upskirt shot or anything

[saigonman]

did she even ask him to delete it?
i mean if she didnt, still, 1) he didnt circulate it or print it, 2)it was only legs, nothing else

what are they going to do if someone takes a picture at a party and a person saw themself in it and felt it was offensive? what are they going to do?

that girl probably wore the mini skirt for attraction. and its no wonder the guy probably took a picture of her legs. legs are nice.
wouldnt it be the same as looking at her legs and she caught you looking at them? is she going to sue him then? she brought it upon herself