2008.10.23
The Commission recommended that the principal of Elementary School S in Seoul take recurrence prevention measures. Teacher A took students' pictures without their consent, thereby violating their rights of likeness.
Mr. KIM (male, 50 years old) filed a complaint to the Commission in November 2007 claiming that the victim’s (petitioner's son, 6th grade of Elementary School S) rights of likeness were infringed upon because Teacher A took picture of him without his consent in May 2007.
Throughout the Commission's investigation, Teacher A claimed that he was asked by Teacher B to provide his students’ pictures to find a student who beat a second grade student. Teacher A argued that he/she explained to the process to students in detail, asking them whether it was acceptable to take their pictures beforehand and showing taken pictures to 2 teachers, a witness, and the victim.
Upon the Commission's investigation, it confirmed that Teacher A took students' pictures without their individual consent for the public purpose of taking appropriate and preventive measures against school violence. However, even though it has public purpose to identify wrongdoers, taking all students' pictures should be conducted only as a last resort or in urgent cases.
In finding wrongdoers of school violence, Elementary School S teachers, including Teacher A, could have used the information on their appearance or clothes from witnesses’ statements, consultation from individual students, or previously acquired students' pictures. However, Teacher A immediately took students' pictures without taking any measures to minimize infringement of their rights.
Thus, the Commission determined Teacher A violated students' rights of likeness because he/she arbitrarily took students’ pictures without their consent. Hence, the Commission recommended that the principal of the school take recurrence prevention measures to protect students’ rights.
