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People taking my picture on the subway
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asdfghjkl



Joined: 21 Jun 2011

PostPosted: Mon Sep 03, 2012 12:30 am    Post subject: Reply with quote

Thank you, alongway. I am glad that a few people here know the law.

Also, since I am a foreigner, I don't think it is such a big deal that I said something wrong in Korean. She was being rude and unlawful by taking my photo anyway.
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nora



Joined: 14 Apr 2012

PostPosted: Mon Sep 03, 2012 12:31 am    Post subject: Reply with quote

Alongway - take a step back here.

First, I thought you were referring to embarrassing people when you said "could cause shame." The idea that someones face is their property. THAT is what I thought you were talking about, and that is not true. Taking someones photo in the public sphere is legal. You're on the subway, I can take your photo, and there is nothing you can do about it.

Second, I agree with you that it's illegal to take a photo of someone that is sexual in nature.

But, what is defined as sexual in nature? Someone walking across the street in a miniskirt? Someone in a low cut top? The purpose of that law is to prevent pornography and pervert shots. As I said, if you're talking about taking photos of an orgy, you're in the ballpark. If you take a shot of someone showing too much cleavage, it's a gray area and this law hasn't been tested in that kind of situation, has it? But, as the case at hand refers to a moron drinking beer on the subway, it's all a moot point.

If you want to talk about taking a photo to shame people, as I interpreted your first post to mean, let's talk about that. If you want to talk about sex pictures, I'll take a pass.

The law protects photographers. If you're being an idiot in public, it's fair game to be photographed. The card and the relevant laws cited on the card are still the law - the "amendment" you are talking about has nothing to do with legitimate street photography.
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alongway



Joined: 02 Jan 2012

PostPosted: Mon Sep 03, 2012 12:31 am    Post subject: Reply with quote

asdfghjkl wrote:
Thank you, alongway. I am glad that a few people here know the law.

Also, since I am a foreigner, I don't think it is such a big deal that I said something wrong in Korean. She was being rude and unlawful by taking my photo anyway.


It's only unlawful if a reasonable person would consider that it might cause you shame.
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alongway



Joined: 02 Jan 2012

PostPosted: Mon Sep 03, 2012 12:39 am    Post subject: Reply with quote

nora wrote:
Alongway - take a step back here.

First, I thought you were referring to embarrassing people when you said "could cause shame." The idea that someones face is their property. THAT is what I thought you were talking about, and that is not true. Taking someones photo in the public sphere is legal. You're on the subway, I can take your photo, and there is nothing you can do about it.

Second, I agree with you that it's illegal to take a photo of someone that is sexual in nature.

But, what is defined as sexual in nature? Someone walking across the street in a miniskirt? Someone in a low cut top? The purpose of that law is to prevent pornography and pervert shots. As I said, if you're talking about taking photos of an orgy, you're in the ballpark. If you take a shot of someone showing too much cleavage, it's a gray area and this law hasn't been tested in that kind of situation, has it? But, as the case at hand refers to a moron drinking beer on the subway, it's all a moot point.

If you want to talk about taking a photo to shame people, as I interpreted your first post to mean, let's talk about that. If you want to talk about sex pictures, I'll take a pass.

The law protects photographers. If you're being an idiot in public, it's fair game to be photographed. The card and the relevant laws cited on the card are still the law - the "amendment" you are talking about has nothing to do with legitimate street photography.


Wow..critical thinking not really your strong point is it?
Forget everything that clown on the blog wrote and actually go read the law.

No, you can't take everyone's photo just because they're in a public place. Sexual is determined by the reasonable person test. If it's cleavage, a mini skirt, or a bikini on the beach (which is what all the fuss at haundae was this summer, this law), etc. If a reasonable person thought your intent was to create a sexually suggestive photo, you've just committed an illegal act.
Yes, focusing on some strangers legs, ass, breasts, etc will all get you in hot water if anyone notices.

the law applies everywhere, including "the street". The card is outdated and irrelevant as it stands.

Quote:
If you take a shot of someone showing too much cleavage, it's a gray area and this law hasn't been tested in that kind of situation, has it?

You ask that as if you know the answer, but you apparently haven't even heard of the law until now. There have been many people arrested using this law over the last 2 years since it was introduced.

You made a claim, it was false, you then made another claim, that was also false. Take your medicine like a grown-up.
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nora



Joined: 14 Apr 2012

PostPosted: Mon Sep 03, 2012 12:52 am    Post subject: Reply with quote

alongway wrote:
nora wrote:
Alongway - take a step back here.

First, I thought you were referring to embarrassing people when you said "could cause shame." The idea that someones face is their property. THAT is what I thought you were talking about, and that is not true. Taking someones photo in the public sphere is legal. You're on the subway, I can take your photo, and there is nothing you can do about it.

Second, I agree with you that it's illegal to take a photo of someone that is sexual in nature.

But, what is defined as sexual in nature? Someone walking across the street in a miniskirt? Someone in a low cut top? The purpose of that law is to prevent pornography and pervert shots. As I said, if you're talking about taking photos of an orgy, you're in the ballpark. If you take a shot of someone showing too much cleavage, it's a gray area and this law hasn't been tested in that kind of situation, has it? But, as the case at hand refers to a moron drinking beer on the subway, it's all a moot point.

If you want to talk about taking a photo to shame people, as I interpreted your first post to mean, let's talk about that. If you want to talk about sex pictures, I'll take a pass.

The law protects photographers. If you're being an idiot in public, it's fair game to be photographed. The card and the relevant laws cited on the card are still the law - the "amendment" you are talking about has nothing to do with legitimate street photography.


Wow..critical thinking not really your strong point is it?
Forget everything that clown on the blog wrote and actually go read the law.

No, you can't take everyone's photo just because they're in a public place. Sexual is determined by the reasonable person test. If it's cleavage, a mini skirt, or a bikini on the beach (which is what all the fuss at haundae was this summer, this law), etc. If a reasonable person thought your intent was to create a sexually suggestive photo, you've just committed an illegal act.
Yes, focusing on some strangers legs, ass, breasts, etc will all get you in hot water if anyone notices.

the law applies everywhere, including "the street". The card is outdated and irrelevant as it stands.

Quote:
If you take a shot of someone showing too much cleavage, it's a gray area and this law hasn't been tested in that kind of situation, has it?

You ask that as if you know the answer, but you apparently haven't even heard of the law until now. There have been many people arrested using this law over the last 2 years since it was introduced.

You made a claim, it was false, you then made another claim, that was also false. Take your medicine like a grown-up.


Show me a case where someone was arrested and convicted, or it didn't happen.

You want me to prove a negative, that no one has been arrested and convicted for general photography on the street. No. YOU made the claim that it's illegal. YOU prove the positive. YOU claim that this section of the law prevents street photography, photography in the general public sphere, if someone might be shamed or embarrassed by it. So, YOU prove it. You've cited a law which relates to perverts taking photos of people, but you have ZERO proof that it prevents people from taking photos in public.

So, YOU prove it or it's not true.
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alongway



Joined: 02 Jan 2012

PostPosted: Mon Sep 03, 2012 1:06 am    Post subject: Reply with quote

nora wrote:


Show me a case where someone was arrested and convicted, or it didn't happen.

You want me to prove a negative, that no one has been arrested and convicted for general photography on the street. No. YOU made the claim that it's illegal. YOU prove the positive. YOU claim that this section of the law prevents street photography, photography in the general public sphere, if someone might be shamed or embarrassed by it. So, YOU prove it. You've cited a law which relates to perverts taking photos of people, but you have ZERO proof that it prevents people from taking photos in public.

So, YOU prove it or it's not true.


Try again child. You made the initial claim that you could take any photo in public you want. I've already proved you wrong with the law.

http://view.koreaherald.com/kh/view.php?ud=20120814000834&cpv=0

The beach is a public place and they were arrested for taking photos in public, and not doing anything like putting it up someone's skirt.

You want to hang your hat on some outdated blog entry written by someone who likes the sound of his own voice way too much, go right ahead, but you don't need to drag anyone down with you.
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Dodge7



Joined: 21 Oct 2011

PostPosted: Mon Sep 03, 2012 1:29 am    Post subject: Reply with quote

OP I don't want to insult you, but think of the most insulting word you can think of and that is you. You DO KNOW that Korean girls--ESPECIALLY Korean girls--like to take pictures of themselves, right? And you DO KNOW that you can turn the lens around on your phone and look at your self like a mirror and snap pictures and it would appear as if she is taking a picture of you when in actuality she is taking a picture of herself....right? I'd be damn well 100% sure she was taking a picture of me before I used banmal and told her stop it.
Judging by your trolling thread about the pedicures I wouldn't give this thread the time of day but I just can't help but to blast dumb people.
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asdfghjkl



Joined: 21 Jun 2011

PostPosted: Mon Sep 03, 2012 2:01 am    Post subject: Reply with quote

Dodge7, I think you're being really immature.
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metalhead



Joined: 18 May 2010
Location: Toilet

PostPosted: Mon Sep 03, 2012 2:32 am    Post subject: Reply with quote

It sounds to me like the OP is always getting himself into trouble, usually by his lonesome, too. Perhaps if he met a nice girl and settled down, or made some friends his life and situation in Korea would be better. As it stands though, the anti-social behavior, snide remarks directed towards helpful posters and general bad attitude all point to someone that seems very aggressive and lonely, lashing out at strangers to relieve the stress of what must be a very nightmarish life.
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asdfghjkl



Joined: 21 Jun 2011

PostPosted: Mon Sep 03, 2012 2:48 am    Post subject: Reply with quote

metalhead wrote:
It sounds to me like the OP is always getting himself into trouble, usually by his lonesome, too. Perhaps if he met a nice girl and settled down, or made some friends his life and situation in Korea would be better. As it stands though, the anti-social behavior, snide remarks directed towards helpful posters and general bad attitude all point to someone that seems very aggressive and lonely, lashing out at strangers to relieve the stress of what must be a very nightmarish life.


Honestly, metalhead, you sound like the definition of a self-hating foreigner. What is your problem? I have more Korean friends than you probably ever will. I'll bet you and most of the other people on here just hang around with other foreigners, especially Dodge8.
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northway



Joined: 05 Jul 2010

PostPosted: Mon Sep 03, 2012 12:30 pm    Post subject: Reply with quote

I've never understood why they sell beer in the subway platform if you're not meant to drink on the subway.
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Steelrails



Joined: 12 Mar 2009
Location: Earth, Solar System

PostPosted: Mon Sep 03, 2012 3:22 pm    Post subject: Reply with quote

The big issue is wasn't if he was drinking, but was the subway crowded. If the subway is sparse enough that there are open seats, and someone wants to crack open a 120z can of Budweiser, who cares? You're not getting smashed, its not some Hite pitcher 1600cc thing. It's a can of beer.

Now if its crowded and people are right next to each other, yeah that's rude.

As for the lady picture taking just take up the expression of all the other tired salarymen on the car. Maybe read a newspaper or book or something. Just look like a tired sack after work. You'll probably get some sympathy.

Now this will definitely offend some people, but as long as its done in a low-key manner (i.e. sober upon beginning to drink it either alone or with one friend, limited to reading/watching baseball game/having quiet conversation- looking workman like) then the average people won't give a hoot and might even be like "yeah, wish I could go for a cold one).

On the other hand into your 8th beer when you get on the subway and making a ruckus? Yeah, I don't care if its a single can, that's disorderly behavior.

It's the difference between drinking and further intoxication.
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Koharski
Mod Team
Mod Team


Joined: 20 Jul 2009

PostPosted: Mon Sep 03, 2012 3:47 pm    Post subject: Reply with quote

This is going downhill fast. I think the thread has run its course. Good points have been raised, and people have enough info to judge the situation for themselves.

Koharski
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