The incident occurred back in 2012, when Kim and 17-year-old 'A' went to a motel and engaged in sexual intercourse. Kim recorded the act with his cell phone, but when 'A' requested that he delete the video, he complied.
Prosecution saw Kim's actions as a violation of the 'Act on Protection of Children' in that he took advantage of a child/youth, raped her, and filmed pornography with her. However, the local court found that because Kim received 'A's consent, there was no sexual abuse, and because Kim deleted the video, there was no sexual exploitation or distribution of pornography.
The Supreme Court agreed with the local court's decision and stated, "The original trial's verdict of not guilty on the charge of violating the 'Act on Protection of Children' is lawful; there was no misunderstanding of the law." They continued, "As [Kim] received consent from the child/youth who is over 13 years old, participated in the sexual intercourse that he filmed, and did not unnecessarily showcase the video, we need to protect his privacy."
This will likely come as a surprise for many people as it is considered sexual abuse and statutory rape in most countries when an individual engages in sexual intercourse with a minor--consensual or not. But South Korea does have a law protecting minors from sexual advances. According to South Korea's 'Act on Protection of Children,' if an individual engages in sexual activity with anyone below the age of 19, he/she is guilty of statutory rape. However, this law is open to interpretation and it seems in this case, the Supreme Court decided that Kim was not guilty of sexual abuse or of filming child pornography.
Kim is not escaping the court unpunished, however, as the courts did find him guilty for a different incident, during which Kim threatened 'A' with a weapon and raped her with another man. He is receiving a grossly light punishment of three years probation; if he breaks it, he will be sentenced to two years and six months in jail.
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