▲ Seoul Central District Court
An appellate court has upheld the state's liability to compensate a woman who was photographed in the nude by police during a crackdown on prostitution.
On June 16, the Seoul Central District Court’s Civil Appeals Division 2-2 (Presiding Judges Kim Yeon-ha, Ye Ji-hee, and Kim Hong-jun) ruled that the state must pay 8.3 million won to the plaintiff, identified as A, in a damages suit she filed against the government.
The compensation amount is 300,000 won higher than the 8 million won awarded in the first trial, following a reversal of the lower court's decision regarding a portion of the plaintiff's claims.
The court did not disclose the specific reasoning for the ruling in the courtroom.
The lawsuit was initiated after A, who worked at a sex establishment, alleged that she was photographed in the nude by police during a crackdown in March 2022 and that the photos were shared in a group chat room used by the police team.
A also argued that the police violated procedural principles, such as failing to present a warrant while conducting a compulsory investigation that infringed upon her privacy and the right to informational self-determination.
When A filed the lawsuit in September 2023, she sought 50 million won in damages.
The first trial recognized the state's liability, stating that the police's act of taking photos and sharing them in a group chat violated A's personal rights, sexual self-determination, and the right to informational self-determination.
At the time, the court noted that there were no circumstances indicating that A had attempted physical resistance or the destruction of evidence, meaning there was no urgent need for the photos to be taken. It further pointed out that her being in a nude state was not a necessary element for proving the charges.
The court concluded that the police violated the principles of proportionality and the prohibition against excessive restriction, stating, "The police could have sought methods to minimize the harm, such as ensuring that parts of the plaintiff's body that could cause feelings of shame were not exposed, but they failed to do so."
Regarding the act of uploading the photos to a group chat, the court noted that the degree of rights infringement was further aggravated by the victim's fear that the image files could be disseminated.
However, the first trial did not accept A's claims that the police failed to inform her of her right to appoint legal counsel or that they used language that caused sexual humiliation.
In relation to this case, the National Human Rights Commission of Korea determined in July 2023 that the police officers' actions constituted a human rights violation and recommended that the Commissioner General of the Korean National Police Agency revise regulations and guidelines related to prostitution crackdowns.
(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.