Rug Rat wrote to Mike Powell <=-
This is an interesting question, and something I bring up time and
time again when discussiong SOUTH Korea. People think "Freedom" and "Democracy" are one and the same and they clearely are not.
South Korea is a perfect example of this. They are a democracy
because the citizenry vote people into government leadership positions.
However their freedom of speech and expression are heavily controlled
and restricted, even when those rights seem to exist on paper. In
their case they are becomming more and more restricted.
Juxtiposing the US positions.
There is no reasonable expectation of privacy in public. For example taking someone photo (Video) in public while it may be unwelcomed, or uncomfortable is completely legal. South Korea considers someone face/likeness as PII, and there are harsh criminal penalities for
taking someones photo without their express permission. It gets even
more restrictive if the subject is a female and FEELS anytype of
"sexual shame." The legal trigger gere is "FEELS" (Something that is purely subjective" vs. any type of actual definition. There have been cases where people have been prosecuted simply for taking a picture of
a woman in a bikini at a popular beach. The penalies for this can be harsh, such as being charged with a sex crime, which could carry the punishment of being chemicaly castrated.
Korea has always had a strange defamation law, where the statement
being true is not a mitagation for the statement, and again comes down
to a subjective test of did it cause someone shame or embarrasmeent. Coupled with it being criminal vs. civil ups the stakes.
They just enacted a sweeping civil "fake news" law, where the courts
get to decide what qualifies for fake.
One of the issues with Korean jurisprudence is their system of
"Personal appology settlements" for criminal chargers. Which allows
the accused to pay an agreed uppon settlement price and a formal
written appology and the police and prosecutors will drop the chrages.
On one side this stremlines the process, and keeps a lot of lower level crimes out of the criminal justice system. On the other side it opens
the door for the wide abuse of the criminal side of the justice system.
As it relieves the cost of a civil suit on the plaintif (The state
takes the entire burden). As a Koreans entire life depends on their public image, great lengths are taken to stop the process in their
tracks.
They are also a highly collective society, almost to the point of appearing narcacistic. Where even the slightiest deviation from the "group" is immediately noticed and corrected (Up to and including food choices, clothing, and manerisms). At worst the individual is shunned
and ostricized, which to a Korean is worse than death, and many choose
to take their own lives. Korea has the higest rate of suicide in the world!
So to wrap this up. Korea has a great system of democracy, but very tightly controlled or non existant freedom.
Rug Rat wrote to Mike Powell <=-Some folks have tried to use "feels" here for some things but it usually doesn't hold up in court. In this era of social media, it seems like a
lot
of folks take photos and video of people -- at places like the gym, the store, etc. -- without their knowledge or permission. I actually wish we were maybe a little more strict on things like this, but not "South Korea" strict!
| Sysop: | Gate Keeper |
|---|---|
| Location: | Shelby, NC |
| Users: | 835 |
| Nodes: | 20 (0 / 20) |
| Uptime: | 49:41:35 |
| Calls: | 14,551 |
| Calls today: | 2 |
| Files: | 5,294 |
| D/L today: |
3 files (6,121K bytes) |
| Messages: | 663,573 |