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The controversy over the illegality of the disclosure of personal information continues from the moment of enactment
Misidentified Damage Cases Due to Inaccurate Self-Check Method
The operators also perceived illegality … It is difficult to punish because it is a server from Eastern Europe
The controversy surrounding this site is growing as a college student whose face and name are disclosed on a website that reports personal information about sex offenders, etc., complains of resentment and makes an extreme decision. While the state makes a plausible justification to replace the punishment of criminals that the state has failed, it cannot be exempt from criticism that it promotes private penalties by turning certain people into criminals without going through legal proceedings. There are also cases of wrongful victims that occur in the process of revealing your personal information.
According to police on the 6th, a photograph of the face, school, and phone number of the recently murdered college student A on the sex offender list on the digital prison site in July. The digital prison side said: “Mr. A was caught asking someone to rape his acquaintances (combining pornographic photos on the faces of acquaintances and sharing them on the Internet).” As a result of the self-verification, it was determined that Mr. A’s criminal activity was clear and the personal information was disclosed.
However, after the disclosure of his personal information, Mr. A complained of resentment and said: “The photo, phone number and name uploaded to the digital prison are correct, but everything else is not true.” . He was found dead in his home on the 3rd. Mr. A is known to have suffered a great deal, such as receiving numerous blackmail text messages while the digital prison revealed his identity and contact information. Police are weighing the possibility that Mr. A made an extreme decision on his own because no other criminal charges were found.
After Mr. A’s death, the university community that Mr. A attended was inundated with criticism of this site, and there was a subsequent severe storm. Charges against Mr. A’s crime were not confirmed by the investigating agency, but he was eventually sentenced to death by convicting Mr. A as a sex offender.
In the online space, criticism is heard about how the site works. Regardless of whether the suspects in digital prisons have committed a real crime or not, revealing the identity of a specific person privately and inducing criticism through comments is actually another criminal act. Lawyer Seo Hye-won explained, “The problem is serious because once the personal information disclosed has a great impact and persistence online, it is impossible to recover from the damage.”
Since this site appeared in June of this year, controversy over the side effects or invasion of privacy from reckless disclosure of personal information has continued. A representative case is the case where the digital prison flagged Mr. B, who had nothing to do with the crime, as a ‘sexual assault case of a high school student in Milyang’ through poor verification.
Even digital prisons are unaware that disclosure of personal information is illegal. They said on the site: “The server is located in Eastern Europe, so it is not affected at all by the defamation and insults from Korea.” Currently, the police are investigating defamation allegations from digital prison operators, but the actual conviction is unlikely to be easy due to the difficulty of the investigation because there are servers abroad.
Experts caution that no matter how much you intend to punish malicious criminals, you need to be wary of personal penalties by reckless disclosure of personal information. As in the case of Mr. B, there is ample room for new victims and resentment of revealing the identity of the criminal does not help resolve the fundamental situation. The state operates a ‘sex offender disclosure’ system that reports the identity of sex offenders who have been conclusively tried by the court, but in this case, you can only verify the information on the official website. He is fined not more than 50 million won.
Of course, some point out that the courts’ ongoing punishment of sex offenders with a cotton bat is the root cause of such extreme personal penalties. Kwon Soo-hyun, executive director of the Institute for Gender Policy, said: “As a result of public mistrust in the punishment of sexual crimes, it has led to the idea of direct social judgment.” Digital prisons have no choice but to keep coming out, “he explained.
Eunseo Choi reporter [email protected]
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