YTN News Report | Interview with Managing Attorney Noh Jong-eon of Law Firm Jonjae

Hello. This is Law Firm Jonjae.

YTN News reported on the incident in which six nude photos of his sleeping girlfriend were secretly taken, and the managing attorney of Law Firm Jonjae, Noh Jong-eon, gave an interview. The incident (hereinafter referred to as 'Case A') was found not to be illegal filming and resulted in acquittal at the first and second trials, but eventually went up to the Supreme Court, where the ruling was overturned and judged to be 'illegal filming against the person's will'.

"It should not be considered consent just because it was a romantic relationship"

Attorney Noh stated that in illegal filming cases, when the defendant and the victim are in a romantic relationship, it should not be regarded as explicit or implied consent on that basis alone. He said that the special nature of romantic relationships should be considered and the circumstances of the case should be examined more deeply.

As confirmed in Supreme Court precedents, victims of sexual crimes are highly likely to suffer mental harm from negative reactions by third parties, public opinion, and unfavorable treatment from the moment they disclose the harm. Because of anxiety and fear over such secondary victimization, victims may respond passively or remain silent, and it is not right to shift responsibility for sexual crimes onto the victim based on such behavior.

Connection to the Choi Jong-beom case — ignored victim testimony

Attorney Noh pointed out that the same problem was repeated in the Choi Jong-beom case as well. The late Goo Hara consistently testified in court that she had not consented to the filming, but her testimony was ignored, and the trial instead proceeded in a way that placed responsibility on the victim.

"Carelessly dismissing what the victim says in court does not conform to the ideals of justice and fairness."

As Mr. Koo Ho-in feared, if the acquittal for illegal filming in the Choi Jong-beom case had been finalized, that precedent could have remained in other sexual crime cases as well, causing victims to suffer together. Just as the Supreme Court in Case A recognized 'illegal filming against the person's will', Attorney Noh Jong-eon said he hoped for a ruling in the Choi Jong-beom case that would also align with justice and fairness.

Final Supreme Court Outcome

However, on October 15, 2020, the Supreme Court First Division (Chief Justice Park Jeong-hwa) upheld the lower court ruling in the Choi Jong-beom case, making one year in prison the final sentence, and the acquittal on illegal filming was also finalized. Attorney Noh Jong-eon stated, "Since it is a Supreme Court decision, we have no choice but to accept it, but from the victim's perspective, it is extremely regrettable."