Illegal Filming or “Molka” in South Korea

In South Korea, illegal filming is often referred to as molka, a term used to describe spy cameras or illicit non-consensual photography and video recording.

In most countries, photographers can take pictures in public and use them as they would like. Not so in South Korea. While our photo-taking comrades abroad can enjoy ownership of the pictures they take, our photographer friends residing in Korea are subject to the Korean “Right to Face,” or “초상권.”

The “Right to Face,” also called “Personality Rights” in some instances, can be broken down into two categories, both of which concern an individual’s right to protect their image with mostly a disregard of location or circumstance.

Taking Photos in Public vs. Non-Consensual Photography Laws

The first of these two categories is the “Right to Privacy,” or “프라이버시권.” This aspect of the law involves the discernibility of the individual in the photographs. That is, could you identify the individual photographed? Are these individual’s features clearly on display in the photo, making them easily identifiable? The second is the “Right of Publicity,” or “퍼블리시티권,” which is more of a concern for those of celebrity status, as it concerns the lawful use of the photo. In this instance, it is about a right to property and whether the photographed individual’s image is being used in an authorized or licensed way.

The everyday person is more likely to be at risk of the first of these two, as these laws apply to the production of pictures even within the boundaries of public areas. Even in instances of photos taken in public spaces, if the photographer does not have the express permission of those who appear in the picture, these photographed individuals can contact authorities or press charges against the photographer under the pretense that their right to privacy is being violated. The only reason we don’t hear about more of these kinds of cases is because photographed individuals tend to unaware or aware, but not bothered.

Penalties for Illegal Filming and Photo Taking in Korea

While authorities still don’t have the right to cameras or other equipment, other’s individual rights to privacy and publicity can put the everyday street photographer into quite the predicament. So, before you land in some legal trouble, think twice before you take that photo!

What Should You Do If Accused of Illegal Photo Taking in Korea?

If you are accused or investigated for non-consensual photography or illegal filming in South Korea, do not make any detailed statements to the police or hand over your mobile devices without consulting a legal representative. Digital devices are typically confiscated for forensic analysis, meaning any early admission or improperly handled statement can severely compromise your defense. Contact an experienced criminal defense attorney immediately to safeguard your legal rights, ensure an interpreter is present, and prevent automatic deportation risks.

Is taking photos of people in public illegal in South Korea?

Yes, taking photos of individuals in public without their consent can violate South Korea’s “Right to Face” (portrait rights) and may lead to civil liability or criminal charges if the photos target specific body parts or sensitive areas.

What are the penalties for illegal filming or “molka” in Korea?

Under Article 14 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, non-consensual filming can result in up to 7 years in prison or fines up to 50 million KRW. Intentional distribution or sale carries even harsher penalties.

Can foreign nationals be deported for illegal photo taking or camera crimes?

Yes. The Korean Ministry of Justice conducts mandatory immigration reviews for foreigners convicted of crimes. Even receiving a relatively minor criminal fine for illegal filming can result in visa cancellation, deportation, and an entry ban.

What should I do if the police investigate me for non-consensual photography?

Do not hand over your mobile devices or make detailed statements without consulting an attorney. Digital devices are typically confiscated for forensic analysis, so you should contact a defense lawyer immediately to protect your rights during questioning.