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Sex With 17 Year Old- Legal?!

 
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cdninkorea



Joined: 27 Jan 2006
Location: Seoul

PostPosted: Sat Mar 28, 2009 5:36 pm    Post subject: Sex With 17 Year Old- Legal?! Reply with quote

This man was charged for filming the sex, not for the sex itself. Isn't the age of consent 19 in Korea?

Man Fined for Filming Sex With Student
http://www.koreatimes.co.kr/www/news/nation/2009/03/113_42147.html
09/03/28
Quote:
A court in the southwestern city of Jeonju sentenced a man to a 5-million won ($3,720) fine for filming sex with a female high school student, allegedly done without her knowledge.

The man met a 17-year-old high school student through an Internet chatting room. They went to a motel in Gunsan City, North Jeolla Province, on Jan. 25 last year. He filmed his sex act with her using his cell phone.

After his arrest, he said that it was done by a "mutual consent," claiming innocence. He subsequently appealed to a higher court for retrial.

"Although the defendant didn't post the footage on the Internet, he had a previous similar case and he committed the crime again while on probation," the court verdict explained its reason for upholding the lower court's sentence
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crossmr



Joined: 22 Nov 2008
Location: Hwayangdong, Seoul

PostPosted: Sat Mar 28, 2009 6:10 pm    Post subject: Reply with quote

According to, http://ageofconsent.com/ageofconsent.htm its 13.
http://www.avert.org/aofconsent.htm agrees with it.

There is a claim of 19 on that page but the person making the claim never provided any supporting evidence. Its likely also 19 in korean years, which means at 17 (depending on her birth) she's able to consent.

however random policeman on the freeboard seems to disagree, http://www.smpa.go.kr/smpa2007/bbs/board/viewMain.asp?code=for_eng&num=120&page=31&s=&c=&sort=&sk=&print=

and this was debated before I guess: http://forums.eslcafe.com/korea/viewtopic.php?p=1560087#1560087

I'm not going to read all of it..but apparently the only thing found close to an official source is that freeboard posting..
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ChinaBoy



Joined: 17 Feb 2007

PostPosted: Sat Mar 28, 2009 6:52 pm    Post subject: Reply with quote

Like anything would happen to a Korean guy anyway. "Innocent! He was just showing affection."
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optik404



Joined: 24 Jun 2008

PostPosted: Sat Mar 28, 2009 7:28 pm    Post subject: Reply with quote

age of consent in SKorea is 19 Western age

99% sure of this
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crossmr



Joined: 22 Nov 2008
Location: Hwayangdong, Seoul

PostPosted: Sat Mar 28, 2009 7:40 pm    Post subject: Reply with quote

optik404 wrote:
age of consent in SKorea is 19 Western age

99% sure of this


got an official source? Anyone speak enough korean to search some government law sites? Its been debated before and several sites on the net believe it to be 13, so if someone could point to official criminal code, then it would end the debate.
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Bryan



Joined: 29 Oct 2007

PostPosted: Sat Mar 28, 2009 7:54 pm    Post subject: Reply with quote

Anyone know if there are any laws about people near the age of consent within a few years? Some places allow sex in the case where the ages are close.

For example, my friend had sex with a girl, 19 Korean age, and he's 21.
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coffeeandmilk



Joined: 23 Oct 2008

PostPosted: Sat Mar 28, 2009 8:27 pm    Post subject: Reply with quote

This still might be considered unofficial, but this subject came up in many of my classes.

I teach at an all-girls public middle school. We were discussing music, and Jessica Simpson was mentioned, and a student asked me about her then 16 yr old sister Ashley and being a teen mother. To make a long story short, this discussion turned to age of consent.

All of this talk happened with the Korean teachers expressed consent.

The students wanted to know about the American age of consent. I explained that federally it was 18, but each state had its own law on the books and the age differed. Without me asking they ALL volunteered that the age of consent in Korea is 13. The biological age 13. The Korean teacher did add that there is a provision in the law criminalizing sex if one of the participants is in a position of power over the other. I guess this was to protect students and such. But there seemed to be no disagreeing about the age.

As a side note to anyone thinking this opens a door to foreign predators to legally have sex with minors, it doesn't. The age of consent is tied to YOUR passport. In America the federal law is 18. If an American citizen in Korea has sex with anyone younger than 18, he can, and will be prosecuted if discovered.
I have no idea how this affects people from other nations, I only know our federal law, and only because of this discussion.
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coffeeandmilk



Joined: 23 Oct 2008

PostPosted: Sat Mar 28, 2009 8:29 pm    Post subject: Reply with quote

let me add that my co-teacher could not remember or did not know if there was any provision for an age difference, like in the situation of a 40 yr old having sex with a 13-18 yr old.

I know in my home state of MI, if it did not change since my high school days, age of consent was 16, but the partners could not be more than 5 years apart.
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itaewonguy



Joined: 25 Mar 2003

PostPosted: Sat Mar 28, 2009 8:45 pm    Post subject: Reply with quote

there are teen pregnancies in korea too..
Im sure the boys and girls responsible don't go to prison.
perhaps the law of consent is 16 years of age! but both parties should be under 19.. I think if a man who is over 19 and has sex with a girl who is 16 then this might be a crime! but two people aged 15 or 16 etc.. might be ok.. anyone under 15 then that is illegal I guess..

just trying to think, back home I think it was 16... and one of them should not be over 21... then its rape.. without the parents consent!
isnt holland 12 with the parents consent??

jesus who knows... 500 years ago 16 years old was considered to old! lol

think girls were married and having their 3rd child before they were 16!
and their husbands were probably her fathers friend who was 40!!
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bassexpander



Joined: 13 Sep 2007
Location: Someplace you'd rather be.

PostPosted: Sat Mar 28, 2009 9:30 pm    Post subject: Reply with quote

I wonder what "sex" is defined as in Korea? Intercourse? Oral sex? Groping? Laughing
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ryoga013



Joined: 23 Nov 2008

PostPosted: Sat Mar 28, 2009 11:25 pm    Post subject: Reply with quote

Regardless of what the official age is (aside from over the age, of course), it depends on what the police actually want to charge, and whether or not they press it to be taken to court or be settled outside, or if the police take a bribe.

Example: If the old law is 13, and the police don't know the law (like Busan immigration and E-2 visas when i talked with them) they will do things like it's 13 if they want to. Even if you show from some ministry of justice site that 19 is the age, they could feign ignorance and still prosecute you. Rules are not really rules in Korea, they are more like blurry guidelines that some should follow Confused
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crossmr



Joined: 22 Nov 2008
Location: Hwayangdong, Seoul

PostPosted: Sun Mar 29, 2009 12:16 am    Post subject: Reply with quote

Quote:
As a side note to anyone thinking this opens a door to foreign predators to legally have sex with minors, it doesn't. The age of consent is tied to YOUR passport. In America the federal law is 18. If an American citizen in Korea has sex with anyone younger than 18, he can, and will be prosecuted if discovered.
I have no idea how this affects people from other nations, I only know our federal law, and only because of this discussion.


That's an American law, not a Korean law. Its a law to dissuade sex tourism. Canada has a similar law. However they have to catch you first. These laws were generally made for catching people who were going after children and younger teenagers. No one who is 19 is going to get nailed for having sex with a 17 year old korean girl if they go back to the US.

You also have to keep in mind that they'd have to be caught and the american authorities informed. If they haven't done anything illegall in Korea, its unlikely the american authorities are going to be notified about that kind of thing.

Quote:
just trying to think, back home I think it was 16... and one of them should not be over 21... then its rape.. without the parents consent!
isnt holland 12 with the parents consent??

Canada's changed last year apparently, but prior to it the age of consent was 14 unless the older person was in a position of power. However the age was lowered to 12 if the if the people were no more than 2 years apart. I know the 14 was changed to 16, I don't know if that lower age of 12 was changed or not.

Quote:
For example, my friend had sex with a girl, 19 Korean age, and he's 21.

Friend huh?
I love people who mix the age systems to try and make it sound closer. She was 17 and he was 21.
I think a 4 year age difference when one is under 18 is pushing the law in most places.
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