"Foreign Countries Impose Fines and Prison Sentences"... Outside the System 'Han Cyberbullying'
Inescapable Prison 'Cyberbullying'
<Part 2> Lenient Punishments
Immediate Ban on Online Activities in Canada
Concept Itself Is Vague, Making Punishment Difficult
Institutional Measures Needed for Crime Punishment
[Asia Economy Reporters Jang Sehee and Gong Byungseon] Although the damage from cyberbullying (online harassment), including a series of extreme choices, is increasing, most punishments are limited to fines.
On the 11th, Asia Economy analyzed overseas cases from the United States, Ireland, the United Kingdom, and others, and found that Canada imposes the strictest sanctions. In Canada, the perpetrator's online activities can be immediately banned through reporting, and if the act is revealed to be at a criminal level, a fine of $5,000 (about 6 million KRW) can be imposed or a six-month prison sentence can be given. New York State in the U.S. has amended laws to allow criminal punishment for cyber violence cases, and the UK has granted teachers the authority to delete inappropriate image files on students' mobile phones. This contrasts with South Korea, where most rulings result only in fines.
Experts agree that institutional measures should be established to punish such acts when they are determined to be crimes. Professor Jung Wan of Kyung Hee University Law School said, "In South Korea, physical detention and fines are both involved in cyber violence cases, but generally, only fines are imposed," adding, "If defamation is recognized, the punishment should be imprisonment or detention for up to one year or a fine of up to 2 million KRW, but in reality, physical punishment is rarely applied."
There are also criticisms that the concept itself is ambiguous, making punishment difficult. Professor Lee Woonghyuk of Konkuk University’s Department of Police Science analyzed, "In South Korea, the concept of cyber violence itself is ambiguous," and "due to insufficient laws and systems, the damage is worsening." Even the Information and Communications Network Act currently proposed in the National Assembly does not separately define the concept and types of cyber violence. Attorney Ko Hyeryeon, head of the law firm ‘Hye’, also said, "Under Korean law, the practical way to prevent damage is to claim damages for ‘defamation by factual publication’," and added, "If the damage is judged to be significant before punishment, one method is to take provisional measures to remove malicious comments or posts."
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There are also opinions that voluntary control functions should be strengthened rather than relying on laws. Professor Song Jaeryong of Kyung Hee University’s Department of Sociology said, "Issues related to freedom of expression and the foundation of liberal democracy may arise," and emphasized, "It is important to recognize the seriousness of online harassment voluntarily through education rather than through laws."
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