Supreme Court: "Judgment on Sexual Self-Determination Rights of Minors Aged 15 Must Be Made Carefully"

[Asia Economy Reporter Baek Kyunghwan] A ruling has been made that a minor aged 15 cannot be considered to have exercised sexual self-determination even if they did not refuse sexual intercourse.

On the 22nd, the Supreme Court's 3rd Division (Presiding Justice Min Yusook) overturned the lower court's acquittal ruling in the appeal trial of soldier A, who was charged with violating the Child Welfare Act, and remanded the case to the High Military Court with a verdict of guilty.

A was on trial for sexually abusing B, who was 15 years old at the time, by having sexual intercourse with her in October 2017. Between October and December of the same year, he was also charged with threatening another girl, C, by saying he would distribute photos of her exposing her body if she did not have sexual intercourse.

The High Military Court acquitted A of all charges. It interpreted that B was at an age capable of voluntarily exercising sexual self-determination and therefore it was not sexual abuse. The court also did not recognize the charge of threat under the Act on the Protection of Children and Youth against Sexual Offenses regarding the threat against C, stating it could not be concluded that the threat was for the purpose of sexual intercourse.

However, the Supreme Court's judgment was different. It found A guilty of all charges. The court stated, "The state and society bear various protective duties toward children and youth, and courts have judged cases involving children and youth victims on the premise that they are subjects requiring special protection," adding, "Children and youth are not only socially and culturally constrained from fully exercising self-determination but also are in a position where they find it difficult to defend themselves from others' sexual violations or exploitations due to a lack of cognitive, psychological, and relational resources."

Even if children and youth appear to consent to sexual intercourse, the exercise of sexual self-determination by minors must be viewed with caution.

The court also judged that A's threat to distribute C's body photos could be seen as intended for sexual intercourse. It emphasized that A meticulously planned the crime by creating three Facebook accounts under other people's names and deceiving C into sending photos exposing her body, pointing out that A's threat was a means to achieve 'sexual intercourse' during this process.

This content was produced with the assistance of AI translation services.