• CJux

    Thank you for including me in, though I want to correct some wrong information on my post:

    - Statutory rape is the definition for having sex with anyone under legal age of consent. This is what happens when you read translated articles from SK, you get your legal definitions confused.

    - Apparently South Korea doesn’t have any kind of law restricting sex with minors. It’s only illegal when the minor is paid for sex or forced, but then again, general prostitution in Korea is illegal as well forcing women to sex. So it’s the same as saying that there is no difference in SK between having sex with a minor and having sex with an adult.

    - Such is not the case of some countries in South America I exemplified to explain my point, where the laws address to situations of sex with minors (above the age of consent and under 16 or 18 years old – depends on legislation; eg.: Argentina, Chile, Bolivia, Ecuador, Uruguay, Colombia; it’s on Wikipedia).

    - Also in some few European countries like Portugal and Germany, where legal age of consent is 14, but having sex with minors between 14-16 can be punished as an act of “taking advantage of their inexperience”. I also forgot to mention the laws of some US states where legal age of consent might be 16 but it’s still illegal to have sex with a minor under 18 years old for any person that has any kind of “authority” over the minor. So, no underage sex for teachers.

    However to avoid confusion on the definitions, the difference between pedophilia and sex with a minor above age of consent is based on the premise that children under age of consent can never consent in any situation whatsoever, but minors/adolescents can considered to be old enough to consent, but not old enough to protect themselves from predatory. By law, it’s technically impossible to be accused of sex with minors if the accused proves he/she was in a position of submission or if he/she was seduced or tricked into sex by said minor.

    • Fannie_SB

      Thank you for following up with the additional information!

      I’ve left a note directing readers to your corrections.

      • firrr

        To add on to CJux’s post, Korea’s Criminal Code can be found here: http://www.unhcr.org/refworld/docid/3f49e3ed4.html (unofficial English translation by UNHCR) or http://www.oecd.org/site/anti-corruptioninitiative/46816472.pdf. 
        The relevant parts are Articles 242 (Arranging for Prostitution), 302 (Sexual Intercourse with Minor, etc) and 305 (Sexual Intercourse or Indecent Act with Minor). The terminology is a little confusing, but here’s a summary:

        1. Arranging for prostitution of a “minor female” is a crime, punishable with imprisonment of not more than 3 years or by fine: Art 242
        2. Sexual intercourse/ “indecent act” with a “minor” through “fraudulent means or by the threat of force” is a crime punishable with imprisonment of not more than 5 years: Art 303
        3. Sexual intercourse with a “female under 13 years” is punished in accordance with Articles 297 (Rape, which is punishable with imprisonment of not less than 3 years), 298 (Indecent Act by Compulsion, imprisonment of up to 10 years), etc.: Art 305. 

        The term “minor” is not defined in Articles 242 and 303, so it should be the usual “age of majority”, which in S Korea is 19 (http://en.wikipedia.org/wiki/Age_of_majority). 

        The effect is that sex with a female below 13 is deemed to be rape (i.e., “statutory rape”), where her consent is irrelevant because she is assumed to be unable to give valid consent. Arranging for prostitution of a female aged between 13-19, OR sex/ indecent acts with a female/male aged between 13-19 through “fraudulent means or by threat of force” are also crimes, just different ones that are not punished so harshly.

        The overall effect is that sex between 2 consenting persons above the age of 13 in S Korea is not a crime – so yes, the “age of legal consent” in the article is right. Surprising, given that most countries (as CJux pointed out) do have minor protection laws that criminalise even consenting sexual behavior between minors/ between a minor and an adult (which in effect, pushes the “age of legal consent” higher – though these offences are not the same as “statutory rape” and generally are not punished as harshly).

        • CJux

          Wow, thanks for that info :)

  • CJux

    Thank you for including me in, though I want to correct some wrong information on my post:

    - Statutory rape is the definition for having sex with anyone under legal age of consent. This is what happens when you read translated articles from SK, you get your legal definitions confused.

    - Apparently South Korea doesn’t have any kind of law restricting sex with minors. It’s only illegal when the minor is paid for sex or forced, but then again, general prostitution in Korea is illegal as well forcing women to sex. So it’s the same as saying that there is no difference in SK between having sex with a minor and having sex with an adult.

    - Such is not the case of some countries in South America I exemplified to explain my point, where the laws address to situations of sex with minors (above the age of consent and under 16 or 18 years old – depends on legislation; eg.: Argentina, Chile, Bolivia, Ecuador, Uruguay, Colombia; it’s on Wikipedia).

    - Also in some few European countries like Portugal and Germany, where legal age of consent is 14, but having sex with minors between 14-16 can be punished as an act of “taking advantage of their inexperience”. I also forgot to mention the laws of some US states where legal age of consent might be 16 but it’s still illegal to have sex with a minor under 18 years old for any person that has any kind of “authority” over the minor. So, no underage sex for teachers.

    However to avoid confusion on the definitions, the difference between pedophilia and sex with a minor above age of consent is based on the premise that children under age of consent can never consent in any situation whatsoever, but minors/adolescents can considered to be old enough to consent, but not old enough to protect themselves from predatory. By law, it’s technically impossible to be accused of sex with minors if the accused proves he/she was in a position of submission or if he/she was seduced or tricked into sex by said minor.

  • http://dvqd92.tumblr.com/ Elizabeth

    love the picture of iu, block b and sohee. i loved all the chosen comments on this week’s comment of the week the comments i definitely 100% agree on and gave me some food of thoughts and new perspectives (i’m still learning). I didn’t mention in my previous comment when i commented on this article http://seoulbeats.com/2012/11/korean-culture-through-k-pop-102-lets-talk-about-sex/ yesterday about the age of consent from where I live (NSW – state, Australia – country) is 16 it is illegal if it is under the age of 16. Hopefully IU’s music will go back to her roots in the future i agree it’s time to grow up and move on i’ll see how IU and LOEN will go and the audience respond if positively or negatively. Cyberbullying can have negative effect emotionally and physically from what i’ve heard and seen seeing as how we use social media to interact and communicate hopefully as Nate said Sohee will hold up well and be alright. The internet is not the court/law/jury and people wants an excuse for ruining a celebrities image and repution and immediately make negative judgement (although I do think it’s right to call out when people everywhere especially celebrities make offensive/ignorant/inappropriate comments even if it’s minor) seeing as how k-pop fandom is already being negatively seen with emotional attachment of their beloved idols, fanwars, and antifan already seen as a negative effect on both idols and fanbases.

  • http://dvqd92.tumblr.com/ Elizabeth

    love the picture of iu, block b and sohee. i loved all the chosen comments on this week’s comment of the week the comments i definitely 100% agree on and gave me some food of thoughts and new perspectives (i’m still learning). I didn’t mention in my previous comment when i commented on this article http://seoulbeats.com/2012/11/korean-culture-through-k-pop-102-lets-talk-about-sex/ yesterday about the age of consent from where I live (NSW – state, Australia – country) is 16 it is illegal if it is under the age of 16. Hopefully IU’s music will go back to her roots in the future i agree it’s time to grow up and move on i’ll see how IU and LOEN will go and the audience respond if positively or negatively. Cyberbullying can have negative effect emotionally and physically from what i’ve heard and seen seeing as how we use social media to interact and communicate hopefully as Nate said Sohee will hold up well and be alright. The internet is not the court/law/jury and people wants an excuse for ruining a celebrities image and repution and immediately make negative judgement (although I do think it’s right to call out when people everywhere especially celebrities make offensive/ignorant/inappropriate comments even if it’s minor) seeing as how k-pop fandom is already being negatively seen with emotional attachment of their beloved idols, fanwars, and antifan already seen as a negative effect on both idols and fanbases.

  • http://dvqd92.tumblr.com/ Elizabeth

    love the picture of iu, block b and sohee. i loved all the chosen comments on this week’s comment of the week the comments i definitely 100% agree on and gave me some food of thoughts and new perspectives (i’m still learning). I didn’t mention in my previous comment when i commented on this article http://seoulbeats.com/2012/11/korean-culture-through-k-pop-102-lets-talk-about-sex/ yesterday about the age of consent from where I live (NSW – state, Australia – country) is 16 it is illegal if it is under the age of 16. Hopefully IU’s music will go back to her roots in the future i agree it’s time to grow up and move on i’ll see how IU and LOEN will go and the audience respond if positively or negatively. Cyberbullying can have negative effect emotionally and physically from what i’ve heard and seen seeing as how we use social media to interact and communicate hopefully as Nate said Sohee will hold up well and be alright. The internet is not the court/law/jury and people wants an excuse for ruining a celebrities image and repution and immediately make negative judgement (although I do think it’s right to call out when people everywhere especially celebrities make offensive/ignorant/inappropriate comments even if it’s minor) seeing as how k-pop fandom is already being negatively seen with emotional attachment of their beloved idols, fanwars, and antifan already seen as a negative effect on both idols and fanbases.

  • http://dvqd92.tumblr.com/ Elizabeth

    love the picture of iu, block b and sohee. i loved all the chosen comments on this week’s comment of the week the comments i definitely 100% agree on and gave me some food of thoughts and new perspectives (i’m still learning). I didn’t mention in my previous comment when i commented on this article http://seoulbeats.com/2012/11/korean-culture-through-k-pop-102-lets-talk-about-sex/ yesterday about the age of consent from where I live (NSW – state, Australia – country) is 16 it is illegal if it is under the age of 16. Hopefully IU’s music will go back to her roots in the future i agree it’s time to grow up and move on i’ll see how IU and LOEN will go and the audience respond if positively or negatively. Cyberbullying can have negative effect emotionally and physically from what i’ve heard and seen seeing as how we use social media to interact and communicate hopefully as Nate said Sohee will hold up well and be alright. The internet is not the court/law/jury and people wants an excuse for ruining a celebrities image and repution and immediately make negative judgement (although I do think it’s right to call out when people everywhere especially celebrities make offensive/ignorant/inappropriate comments even if it’s minor) seeing as how k-pop fandom is already being negatively seen with emotional attachment of their beloved idols, fanwars, and antifan already seen as a negative effect on both idols and fanbases.

  • http://dvqd92.tumblr.com/ Elizabeth

    love the picture of iu, block b and sohee. i loved all the chosen comments on this week’s comment of the week the comments i definitely 100% agree on and gave me some food of thoughts and new perspectives (i’m still learning). I didn’t mention in my previous comment when i commented on this article http://seoulbeats.com/2012/11/korean-culture-through-k-pop-102-lets-talk-about-sex/ yesterday about the age of consent from where I live (NSW – state, Australia – country) is 16 it is illegal if it is under the age of 16. Hopefully IU’s music will go back to her roots in the future i agree it’s time to grow up and move on i’ll see how IU and LOEN will go and the audience respond if positively or negatively. Cyberbullying can have negative effect emotionally and physically from what i’ve heard and seen seeing as how we use social media to interact and communicate hopefully as Nate said Sohee will hold up well and be alright. The internet is not the court/law/jury and people wants an excuse for ruining a celebrities image and repution and immediately make negative judgement (although I do think it’s right to call out when people everywhere especially celebrities make offensive/ignorant/inappropriate comments even if it’s minor) seeing as how k-pop fandom is already being negatively seen with emotional attachment of their beloved idols, fanwars, and antifan already seen as a negative effect on both idols and fanbases.

  • dsherpa

    oh..why did you’ll take down the IU and Eunhyuk article from this morning???? jus askin

    • Gaya_SB

      The article’s still up… maybe it was just a glitch?

    • Gaya_SB

      The article’s still up… maybe it was just a glitch?

      • dsherpa

         the one written by sophia

  • http://twitter.com/sebsobandsky Sabah

    I really try to live by a code where I don’t immediately assess a person’s worth by their gender, race or culture.  It is hard but there shouldn’t be any expectations of a person based on those things but rather it is all dependent upon their heart which you can not see with the naked eye. However, as a woman, I find that the people around me, and the majority of people I come across will always try to remind me of my gender.  That I am a woman and should portray myself in a dignified feminine way, whatever that means. Even with IU scandal, I don’t see Eun Hyuk getting as much flak even though he has always portrayed his variety persona as someone ‘new to love/girls/dating/romance.  That’s what attracted me to him in the first place, that shy boy Kvariety image, which I always knew was just a persona and NOT some duplicitous act.  Yes, I am sad that the persona is broken now, but I am not surprised, shocked or blind-sided because I always expected this meeting with reality eventually.  

    I cannot deny that there is this niggling doubt in my mind (and I know I could be blowing this out of porportion, please feel free to tell me so) that this isn’t about IU not matching her variety persona BUT rather not matching societal norms expected of a ‘young lady.’ I see it in my own culture too, where a man can pretty much do anything he wants without their reputation being tainted but if a woman does it she is deemed, ‘cold, calculating’ or ‘sly/cunning,’ i.e.with two faces, the pure persona and the sullied actuality. Yet dark and light are a part of us all! We are all innocent AND experienced, naive AND knowing, wanton
    AND chaste.

  • http://twitter.com/sebsobandsky Sabah

    I really try to live by a code where I don’t immediately assess a person’s worth by their gender, race or culture.  It is hard but there shouldn’t be any expectations of a person based on those things but rather it is all dependent upon their heart which you can not see with the naked eye. However, as a woman, I find that the people around me, and the majority of people I come across will always try to remind me of my gender.  That I am a woman and should portray myself in a dignified feminine way, whatever that means. Even with IU scandal, I don’t see Eun Hyuk getting as much flak even though he has always portrayed his variety persona as someone ‘new to love/girls/dating/romance.  That’s what attracted me to him in the first place, that shy boy Kvariety image, which I always knew was just a persona and NOT some duplicitous act.  Yes, I am sad that the persona is broken now, but I am not surprised, shocked or blind-sided because I always expected this meeting with reality eventually.  

    I cannot deny that there is this niggling doubt in my mind (and I know I could be blowing this out of porportion, please feel free to tell me so) that this isn’t about IU not matching her variety persona BUT rather not matching societal norms expected of a ‘young lady.’ I see it in my own culture too, where a man can pretty much do anything he wants without his reputation being tainted but if a woman does it she is deemed, ‘cold, calculating’ or ‘sly/cunning,’ i.e.with two faces, the pure persona and the sullied actuality. Yet dark and light are a part of us all! We are all innocent AND experienced, naive AND knowing, wanton
    AND chaste. It doesn’t always have to be one OR the other.