국문 KR 영문 EN

Recent years have seen a sharp rise in cases involving the online sexual grooming of minors through social media platforms such as Twitter (X) in South Korea.

Article 15-2 of the Act on the Protection of Children and Youth from Sexual Abuse (hereinafter "the Act") was enacted in March 2021 and amended in April 2025. Criminal liability can arise even where no in-person meeting or sexual act takes place.
 

Applicable Law

Article 15-2 of the Act prohibits the following conduct by any person aged 19 or older targeting a child or youth:

Repeatedly or continuously engaging in sexually explicit conversations likely to cause humiliation or disgust, or inducing or soliciting a child or youth to engage in sexual conduct.

The statutory penalty is imprisonment of up to three years or a fine of up to 30 million Korean won.


The April 2025 amendment introduced two significant changes.

First, a new paragraph 2 was added covering conduct targeting children under the age of 16. Under this provision, prosecutors are no longer required to prove sexual exploitation as the purpose — the conduct itself is sufficient for criminal liability. This substantially lowers the evidentiary burden for investigators.

Second, a new paragraph 3 was added explicitly criminalizing attempted offenses. This means that even where no actual meeting or sexual conduct occurs, criminal liability can still attach.
 

Source: National Law Information Center, Act on the Protection of Children and Youth from Sexual Abuse, Art. 15-2 (amended April 22, 2025)
 

Key Legal Issues

​​​​​​​▪️Criminal Liability When the Other Party Is an Undercover Officer

Following the April 2025 amendment, Article 15-2 paragraph 3 now explicitly provides for the punishment of attempted offenses. Even where the other party was an undercover police officer and no actual meeting or sexual conduct occurs, there is a clear statutory basis for prosecution.

While sentencing courts may consider mitigating factors, avoiding criminal liability altogether is difficult.

​​​​​​​▪️Awareness of the Victim's Age

Investigators assess whether the suspect was aware — or reasonably should have been aware — that the other party was a minor. Beyond direct statements of age, circumstantial evidence such as writing style, references to school life, and the nature of the platform used can all be relied upon to establish that awareness.


▪️Digital Forensics and Additional Charges

When a suspect is investigated for this offense, law enforcement will typically seize and forensically examine their mobile device. In practice, this process has led to additional charges being filed based on unrelated material discovered on the device. Where further offenses come to light, the case may proceed to full criminal trial rather than being resolved through fines or non-indictment dispositions.
 

Sentencing Trends

Given that this provision was only recently enacted, there is limited case law to draw from. Based on cases handled to date, matters involving first-time offenders where no actual sexual conduct occurred have in some instances been resolved through fines or non-indictment dispositions. However, outcomes vary significantly depending on how the suspect responds during the investigation, the quality of early legal representation, and the results of forensic examination.

As courts continue to handle cases under the amended law, sentencing trends may shift.
 

Decent Law Firm

Cases involving online sexual grooming offenses require careful analysis across multiple areas: review of the full conversation history, assessment of age awareness, management of the forensic examination process, and application of the attempt provisions under the amended law.

The criminal defense team at Decent Law Firm has been advising clients on matters under the Act on the Protection of Children and Youth from Sexual Abuse from the earliest stages of investigation.

If you have received contact from law enforcement or been issued a notice to appear for questioning, it is important to obtain legal advice before responding to investigators or confirming an interview date.