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Why Kim Soo-hyun's alleged sexual relationship with a 15-year-old girl will likely go unpunished

Published: 21 Mar. 2025, 16:35

LEE JIAN
[email protected]

Kim Soo-hyun, left, and Kim Sae-ron [NEWS1, YONHAP]

The past week saw a mudslinging media circus in the local entertainment industry as K-drama’s leading man Kim Soo-hyun battled claims implicating him in the recent death of 24-year-old actor, Kim Sae-ron.

At the issue’s core, the bereaved family has placed serious allegations against the 37-year-old actor and the entertainment agency Goldmedalist, including extortion and harassment of their late daughter.

The parties are butting heads on nearly all the issues with no facts clarifying the situation. But the most incriminating of them for Kim Soo-hyun is the claim that he was romantically involved with the late actor when she was a minor.

[JOONGANG ILBO]

A barrage of criticism against Kim Soo-hyun has since followed as public and legal scrutiny over sexual abuse of minors has intensified over the past decade, especially in the wake of rising sexual crimes such as the Nth Room cyber trafficking case involving over two dozen underaged victims.

But Kim Soo-hyun’s alleged sexual relationship with a minor would be a "tough case to prosecute today,” said lawyer Yang Tae-jung of the Gwangya law firm. Even though Kim Soo-hyun’s accused actions are punishable under the current Criminal Act, laws protecting minors were weaker at the time the alleged crime took place.

Kim Soo-hyun refuted the bereaved family’s claims by saying he started dating the well-known child actor after she turned 19, in the summer of 2019 through to the fall of 2020.

Kim Sae-ron, born July 31, 2000, turned 19 — the legal age of adulthood in Korea — in 2019.

But if the late actor’s family is right, the popular male actor's actions are not only socially frowned upon but would also be prosecutable under the current law.

In 2025, Korean law states that the age of consent is 16. Thus, any sexual activity between an adult and an individual 16 or younger is considered statutory rape, regardless of consent, under the Act on Protection of Children and Juveniles from Sexual Abuse.

Those aged 16 to 18 can legally engage in sexual activity with other minors aged 13 or older, as long as it is consensual.

However, an adult in a relationship with a minor aged 16 to 18 may still be prosecuted if the relationship is considered exploitative. This includes sexual grooming and situations where the adult holds a position of authority, such as a teacher, coach, or guardian, or when financial or material benefits are exchanged for the relationship.

A conviction for the sexual exploitation of minors can result in a prison sentence of at least three years, registration as a sex offender, and fines of up to 100 million won.

It is, however, unlikely for Kim Soo-hyun to be charged with statutory rape of a minor, even if the two were romantically involved since Kim Sae-ron was 15 because the age of consent was raised to 16 from 13 in 2020. Kim Sae-ron's family alleges the two were in a relationship when she was 15 years old in 2015, which was before the legal amendment to the age of consent.

“You cannot apply the current law retroactively to prosecute a past act that was not considered a crime at the time it occurred,” lawyer Yang said.

Cho Ju-bin, 25, convicted of blackmail and sexual harassment as part of the ″Nth Room″ case, answers questions from the press in front of the Jongno Police Station in Jongno District, central Seoul, on March 15, 2020. [JOONGANG ILBO]

The Korean law on sexual crimes against minors has become stricter since the “Nth Room” case around 2020 — a mass case of cybersex trafficking executed via the Telegram app in which at least 26 of the 103 victims included girls under the age of 19.

“Since then, the age of consent has been risen and legal consequences in cases involving minors tend to be more severe nowadays,” Yang said.

A sign that appears at the beginning of R-rated movies in Korea, restricting viewership of those under 19 years old. [SCREEN CAPTURE]

Korea, in general, has a relatively conservative definition of minors, which usually refers to anyone under 19.

The legal age for watching R-rated movies, drinking and consuming alcohol, smoking, purchasing lottery and voting all fall under 19. For driving, including motorcycles, military conscription and marriage, it is set at 18 or older — though individuals under 19 require parental consent to marry.

Against this backdrop, lawyer Yang said Kim Soo-hyun will likely not be able to escape the blow to his reputation for his alleged ties to Kim Sae-ron when she was a minor.

“While legally prosecuting Kim Soo-hyun on charges regarding romantic involvement with a minor may be challenging, the actor does stand to face some incredibly harsh criticism for his morals and ethics.”

Kim Soo-hyun, 37, debuted in 2007 with MBC’s “Kimchi Cheese Smile” and rose to stardom through the popular TV series “Moon Embracing the Sun” (2012), “My Love from the Star” (2013) and “It’s Okay to Not Be Okay” (2020). Most recently, the actor starred in the romance drama “Queen of Tears” (2024), which was a major hit, ending with a 24.9 percent viewership rating.

He is popular globally, concluding his second international tour last October, where he met fans from seven countries, including Hong Kong, Japan, Thailand and the Philippines.

10 year-old Kim Sae-ron in the film ″The Man from Nowhere″ (2010) [JOONGANG ILBO]

Kim Sae-ron began acting when she was 9 years old, through the 2009 film “A Brand New Life.” She is best known for her supporting roles in “The Man from Nowhere,” a 2010 film starring actor Won Bin and the 2023 Netflix series “Bloodhounds.”

Kim was indicted for driving under the influence and damaging several lampposts and guardrails in Gangnam District, southern Seoul, on May 18, 2022. She was issued a 20 million won ($13,857) fine in April 2023 and did not appeal the court’s decision.

She was then forced to step down from all the television and films she had signed on for and her agency, Goldmedalist, did not renew her contract. Kim owed the agency 700 million won in legal settlement costs in addition to contract cancellation fees.

She died by suicide on Feb. 16.

BY LEE JIAN [[email protected]]