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Cultural tensions surface at Haeundae
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fermentation



Joined: 22 Jun 2009

PostPosted: Thu Aug 23, 2012 3:51 pm    Post subject: Reply with quote

alongway wrote:
Quote:
That's what the official legal info page of naver says. The page says the victim can ask for compensation if he/she feels violated.

Could you link that?


Just type in 초상권 on naver.
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alongway



Joined: 02 Jan 2012

PostPosted: Thu Aug 23, 2012 4:20 pm    Post subject: Reply with quote

fermentation wrote:
alongway wrote:
Quote:
That's what the official legal info page of naver says. The page says the victim can ask for compensation if he/she feels violated.

Could you link that?


Just type in 초상권 on naver.


http://terms.naver.com/entry.nhn?docId=350107&mobile&categoryId=342

You're talking about this?
This is about publication, not the ability to refuse to have your picture taken. It's all about protecting the publication and use of your image.
This wouldn't impact tourists and such unless they planned to publish the photos.
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fermentation



Joined: 22 Jun 2009

PostPosted: Thu Aug 23, 2012 4:41 pm    Post subject: Reply with quote

Nope this
http://terms.naver.com/entry.nhn?docId=72652&mobile&categoryId=121
Quote:

자기의 초상이 허가 없이 촬영되거나 또는 공표되지 않을 권리를 말한다
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Thu Aug 23, 2012 5:19 pm    Post subject: Reply with quote

fermentation wrote:
Captain Corea wrote:
If true, Fermentation, that would mean that everyone taking pictures in public could be arrested.

Should they not warn tourists about that? I mean, if you've got a law like that on the books, one that might not be generally known to most ppl, it'd be good to put it out there for ppl to know.

I bet though if it ever was to really be put out there (an incident where some big wig gets in trouble for taking a picture), the law would be revisited.


That's what the official legal info page of naver says. The page says the victim can ask for compensation if he/she feels violated. I'm guessing all those reporters aren't being arrested because it's not being reported and/or the subjects don't feel their portrait rights are being violated. Or the reporters are really sneaky.

Quote:
Imagine taking a family tourist shot, one person wals by, gets irate, and you get arrested.


You probably won't get arrested, but I'm assuming you'll have to delete the picture or pay the guy if the cops get involved. It isn't technically a crime but a "violation of rights."

There's actually tons of posts on incidents like this on the 지식 section of naver regarding portrait rights with people complaing, "Some asshole took a picture of me today without asking! Can I sue?"

And apparently the answer is almost always yes, you can sue.


Perhaps Lee Charm should put this out to advertise tourism in Korea

Come to Korea - just don't take any pictures! lol
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alongway



Joined: 02 Jan 2012

PostPosted: Fri Aug 24, 2012 12:37 am    Post subject: Reply with quote

fermentation wrote:
Nope this
http://terms.naver.com/entry.nhn?docId=72652&mobile&categoryId=121
Quote:

자기의 초상이 허가 없이 촬영되거나 또는 공표되지 않을 권리를 말한다


I don't really read that as say that someone can't take your picture. That article again speaks generally to publication rights and not someone not being able to take your picture at all.

Doesn't mean you could follow someone down the street and snap photos of them, and sexually themed photos are covered under the other law, but a single snap shouldn't be getting anyone in trouble, unless they plan to publish it. Now as to whether or not posting a photo on Facebook is considered publishing, that might be an entirely different issue.
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fosterman



Joined: 16 Nov 2011

PostPosted: Fri Aug 24, 2012 4:23 am    Post subject: Reply with quote

It's just illegal for foreigners to do it.
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alongway



Joined: 02 Jan 2012

PostPosted: Fri Aug 24, 2012 4:25 am    Post subject: Reply with quote

fosterman wrote:
It's just illegal for foreigners to do it.


*sigh*
Koreans have been reported as being caught up by the various photography laws in the past.
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fermentation



Joined: 22 Jun 2009

PostPosted: Fri Aug 24, 2012 6:30 am    Post subject: Reply with quote

alongway wrote:

I don't really read that as say that someone can't take your picture. That article again speaks generally to publication rights and not someone not being able to take your picture at all.

Doesn't mean you could follow someone down the street and snap photos of them, and sexually themed photos are covered under the other law, but a single snap shouldn't be getting anyone in trouble, unless they plan to publish it. Now as to whether or not posting a photo on Facebook is considered publishing, that might be an entirely different issue.


Well, I'm no lawyer so you may know more about this law than I do. The being "photographed or published without consent" part is what made me think that. I'm not sure how reliable they are, but the the various posts on the 지식 section tell me simply being photographed is grounds for compensation as well.
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alongway



Joined: 02 Jan 2012

PostPosted: Fri Aug 24, 2012 6:56 am    Post subject: Reply with quote

fermentation wrote:
alongway wrote:

I don't really read that as say that someone can't take your picture. That article again speaks generally to publication rights and not someone not being able to take your picture at all.

Doesn't mean you could follow someone down the street and snap photos of them, and sexually themed photos are covered under the other law, but a single snap shouldn't be getting anyone in trouble, unless they plan to publish it. Now as to whether or not posting a photo on Facebook is considered publishing, that might be an entirely different issue.


Well, I'm no lawyer so you may know more about this law than I do. The being "photographed or published without consent" part is what made me think that. I'm not sure how reliable they are, but the the various posts on the 지식 section tell me simply being photographed is grounds for compensation as well.


Last I'd read there was no punishment attached to it. So while it was something on the books, no one could enforce it because there was no penalty. It only came down to whether or not someone published it and then you'd have to show damages from the publication in order to get anything.
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Sat Aug 25, 2012 6:14 am    Post subject: Reply with quote

This may be out of date, but The metro politician wrote up a post on this a few years back
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Titus



Joined: 19 May 2012

PostPosted: Sat Aug 25, 2012 6:20 am    Post subject: Reply with quote

It is disrespectful to take photos of women at the beach. If the state doesn't stop it then the men should. Beach culture should be chill and respectful.
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