Gangnam Club 'Group Sexual Activity' Not Guilty... Reason: "Voluntary Act"

Only the Operator of 'Gwanjeon Club' Receives Suspended Sentence
No Proper Grounds for Punishment of Customers

A man in his 40s, who was prosecuted for organizing group sexual activities by gathering people through SNS (social networking services) and operating a so-called 'spectator club,' was sentenced to a suspended prison term in the first trial. Customers who were arrested in flagrante delicto earlier avoided punishment, as it was taken into account that they voluntarily engaged in group sexual activities.

Several adult men and women are getting dressed at a Gangnam-gu entertainment establishment involved in "swapping and group sex" that was exposed last June.
[Photo by Seoul Metropolitan Police Agency]

According to the legal community on the 5th, Judge Kim Chang-mo of the Criminal Division 14 at the Seoul Central District Court sentenced club owner A (48) to one year in prison with a two-year suspension and ordered the confiscation of about 115 million won.

Co-operators and employees who were indicted together were each sentenced to six months in prison with a two-year suspension.

A and others were prosecuted on charges of operating a so-called ‘spectator club’ at a club registered as a general restaurant from January to June last year, where visitors were arranged to perform obscene acts or watch them.

They took reservations from visitors and charged an entrance fee of 100,000 to 150,000 won per person. They provided visitors with contraceptives and sex toys, prepared separate rooms where sexual intercourse could take place, and also set up places for dancing and singing.

Under the Food Sanitation Act, only establishments licensed as entertainment bars are allowed to have customers dance. Furthermore, even with a license for adult entertainment business, arranging obscene acts is prohibited.

[Photo by Asia Economy DB]

A and others were arrested in flagrante delicto during a police crackdown in June last year. The court said, “The defendants committed the crime over a long period and earned considerable profits,” but also “considered their confession and the absence of prior records exceeding fines in sentencing.”

At that time, there were 26 customers, including 14 men and 12 women. The investigative authorities judged that there was no legal basis to punish the customers since they voluntarily engaged in group sexual activities.

Previously, in March 2021, the Suwon District Court sentenced the owner of a swapping club, A, to one year in prison with a three-year suspension, but the customers were not punished.

This is because there is no legal basis to punish customers under current law. At that time, the court ruled that “there is no remuneration relationship between the entrance fee and sexual intercourse,” and did not consider it prostitution. The investigative agencies considered applying the charge of public indecency to the customers, but it was reportedly difficult to do so.

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