are not clearly distinguished by being immersed in the avatar character in the virtual space,327)
and if a device that implements even the sense of touch is introduced in the future, the pattern
of psychological and physical damage will be similar to that of the real world. However,
some view that social consensus and discussion are necessary to see whether avatars can be
seen as representing a person's personality in the online space or whether it is appropriate to
regulate under the same standards as in real life when sexual speeches and behaviors that
cause sexual humiliation or shame are made to online characters.328)
Third, it is difficult to delete information on sexual exploitation, which is the result of
digital sex crimes, and accordingly, the possibility of secondary damages is particularly
high. The Digital Sexual Crime Victims Support Center under the Women's Human Rights
Institute of Korea is in charge of requests for the deletion of illegally filmed materials and
support for the victims in accordance with the Telecommunications Business Act, but due to
the characteristics of the Internet environment that allows rapid duplication and distribution,
the reproduction cannot be predicted and the damages can spread abroad. In the end,
completely deleting the illegal videos and recovering damages with the current technology
and environment are very difficult.
C) The Need for the Efforts to Protect Children and Adolescents from Digital Sexual
Exploitation Crimes
The rights of children and adolescents in the digital environment and the issue of sex
crimes are international issues. The UN Committee on the Rights of the Child stated in
General Comment No. 25 in 2021 (on children’s rights in relation to the digital environment)
that strong international and regional cooperation is inevitable due to the cross-border nature
of the digital environment. Moreover, ECPAT International, a human rights organization,
published a report on the actual circumstances of child sexual exploitation in Korea in 2018,
in the Metaverse Space – Focusing on the Direction of the Amendment to the Act on Promotion and Information
and Communications Network Utilization and Information Protection – New Trend in Criminal Law, 2022
327) Lee, Hyang-jae, A Survey of Users’ Perception of Avatar Characters in Virtual Space, Design Studies, 2004; 17(3)
61-70.
328) National Assembly, Science, Technology Information, Broadcasting and Communications Committee, Report on
Partial Amendment to the Act on Promotion and Information and Communications Network Utilization and
Information Protection (Bill. No. 2115927), Sep. 2022.
137
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