Question from a reader:
Please tell me about the crime of damaging foreign national emblems. Does it apply not only to actual flags but also to digital image alterations? Recently, I saw a user on a Q&A site using the South Korean flag as an icon while making anti-Korean remarks. When I enlarged that icon, I noticed that the black patterns
around it formed a “G.” Is this a problem?

About the Crime of Damaging Foreign National Emblems and the Handling of Digital Images

Recently, an interesting question was raised by a reader. It concerns a case where a user is making anti-Korean remarks while setting the South Korean flag as their icon. Upon closer inspection of this user’s icon, it was noted that the letter “G” could be seen surrounding it. Is this act considered a crime of damaging foreign national emblems?

What is the Crime of Damaging Foreign National Emblems?

First, let me briefly explain the crime of damaging foreign national emblems. This crime prohibits acts that damage or insult foreign flags or emblems. Specifically, it is stipulated in Article 90 of the Penal Code, which requires respect for the symbols of other countries. The purpose of this law is also to maintain good international relations and particularly to avoid diplomatic troubles.

Handling of Digital Images

Now, regarding the handling of digital images, the legal situation becomes a bit complex. The crime of damaging foreign national emblems primarily applies to physical flags or emblems, but digital images could potentially be treated similarly. For instance, if altering a digital image undermines the original intent of the flag or emblem, it might also be considered “damage.” However, the applicability of this depends on the specific circumstances and intent at the time. This is a very tricky aspect.

Actual Cases and Intent

Let’s consider the example from the reader. A user is using the South Korean flag as an icon while making anti-Korean remarks. What is this user’s intent? It likely involves sending some form of insult or negative message towards South Korea. Such actions could be seen as having the intent to damage the flag or emblem. In terms of actual legal application, much depends on the court’s judgment. Using a flag as an icon is not inherently problematic. However, if it is used in a context that insults another country, legal issues might arise.

Balancing Emotions and Law

What comes to mind here is the balance between law and emotions. Indeed, the crime of damaging foreign national emblems exists. However, when people’s emotions are involved, how the law is applied can become complicated. For example, even if there are critical opinions about a country, the ways to express them are diverse. Whether using a flag in that context is appropriate depends on the background and intent.

My Opinion: Freedom of Expression and International Relations

I personally believe that freedom of expression is very important. Of course, I want to avoid causing rifts in international relations by insulting other countries. However, on the other hand, if criticism and expression of opinions become impossible, it threatens a free society. Therefore, careful discussion is needed on how the law should be applied. When such cases become topics of discussion, opinions often diverge. There are people, like the user with the South Korean flag as an icon, who choose this method to convey their message. It makes one think whether it is fair to apply the law unilaterally without understanding their intent.

Conclusion: Thinking from a Realistic Perspective

Returning to the reader’s question, whether the actions of the user with the South Korean flag as an icon specifically pose a legal problem depends on the situation. If that icon was intended to insult the South Korean flag, it could fall under the crime of damaging foreign national emblems. However, if it was merely part of an individual’s expression of identity, it is entirely possible that it would not escalate into a legal issue. The application of the law is based not just on abstract concepts but also on specific cases and circumstances. Therefore, I believe it is important to consider this from various angles. Balancing freedom of expression and international relations is a challenge that I want to continue to think about.