Entrapment suggested for child porn investigations

By Kim Rahn

A growing number of illegalities are taking place on the dark web, including child pornography distribution. / gettyimagesbank

Sting operations may be required to crack down on child pornography on the dark web, as conventional investigative methods have proven limited in investigating sites on the encrypted network, according to a recent study by the National Assembly Research Service (NARS), Sunday.

The suggestion by NARS comes as a growing number of illegalities, including child porn distribution, are taking place on the dark web that is inaccessible through traditional search engines.

The nation's judiciary has ruled that a string operation is illegal when the investigative body uses a scheme and motivates a person who has not had an intention to commit a crime, to commit the crime. But there is a precedent by the Supreme Court that it is not illegal if the entrapment provides a person, who has had the intention to commit a crime, with the chance to do so. In Korea, sting operations are used when cracking down on drug trading or prostitution.

“Entrapment is often used in some other countries, but there are no clear rules in Korea on entrapment so there has been controversy over to what extent it should be allowed,” the study said. “Even in child porn-related crimes, considering the seriousness of it, the nation needs to consider introducing sting operations systematically for such crimes on the dark web.”

It also said Korea's statutory punishment for child porn-related crimes is not that light compared to those in foreign countries, and punishment actually given to the offenders is weak ― in many such crimes, the offenders usually avoid jail sentences and get fines of suspended prison terms, as courts often reduce punishment by citing factors such as the offender's abusive family background and it being the person's first offense.

Earlier this year, a cooperative investigation conducted by law enforcement agencies in 32 countries arrested 310 people for using a dark web child porn site run by a 23-year-old Korean man, and 223 of the 310 were Koreans.

But a local court sentenced him to two years in jail suspended for three years, saying he had no previous record and much of the pornography was posted by other site members. An appellate court later handed down 18 months in prison, saying he experienced a tough upbringing financially and mentally.

These rulings prompted people to call for heavier punishment for child porn criminals, and Gender Equality and Family Minister Lee Jung-ok met Sentencing Commission Chairwoman Kim Young-ran to discuss the issue earlier this month.

“By collecting public opinion, the nation should come up with sentencing guidelines that meet the public sentiment,” the study said.