By Kang Shin-who
Staff Reporter
Does taking a picture of the legs of a woman in a miniskirt constitute sexual harassment or not? The nation’s top court said, ``No.’’
The Supreme Court acquitted a man of charges that he sexually harassed a young woman by taking a picture of her legs on the subway last December.
The man in his 30s, identified only as a Kim, photographed the legs of the woman in her 20s using his mobile phone. She was sitting in front of him while he was standing.
During questioning, police found the photo saved on his mobile phone and charged him with sexual harassment. The picture shows legs with a skirt covering her thighs 10-15 centimeter up from knees, according to the court records.
The top court supported an acquittal by a lower court which said, ``It is hard to say that the defendant took a picture of a part of another person’s body that can cause sexual desire or shame.’’
Under the law on sexual harassment, those found guilty of photographing parts of other people’s bodies in a way that can cause sexual desire or shame can be jailed for up to five years or fined a maximum 10 million won ($10,000).
Prosecutors had demanded the accused be fined 500,000 won.
Women rights advocates criticized the ruling. ``No matter which part of the body the man photographed, it is an infringement of human rights if he took the picture without her permission,’’ said Kim Eun-kyung, a director of Korea Women’s Associations United.
``It is regrettable that recent court rulings are lenient to violators of women rights,’’ she added.
kswho@koreatimes.co.kr
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