A sixth-grade elementary school student, identified as A, created a deepfake photo by splicing a classmate's face onto another woman's nude image. The photo spread through a group chatroom. The victim pleaded for it to stop, but A kept distributing it. After about eight months of harassment, the education office ordered A suspended from attendance for 15 days, among other measures. A sued, arguing the punishment was excessive, but the court rejected the claim.
According to legal sources, with a string of deepfake school-violence cases in elementary, middle, and high schools using artificial intelligence (AI), related rulings are piling up. Courts say that even if the offending student is young, if the intent and repetition of creation and distribution are significant and the harm is severe, heavy penalties such as suspension from attendance or a transfer are possible.
When judging the appropriateness of a disposition, courts consider the circumstances of the deepfake's creation, the scope of its distribution, repetition, the degree of harm, and whether the offending student is remorseful.
◇ Kept distributing despite pleas to stop… elementary student suspended from attendance
The Daegu District Court rejected A's suit to overturn the attendance-suspension order imposed by the education office.
A and the victim were sixth-grade classmates in 2023. A was found to have, from December 2023 for about eight months, combined the victim's face with another woman's nude photos and posted them in group chatrooms.
The panel said, "A independently created and distributed deepfake photos of the victim, and kept distributing them repeatedly despite the victim's pleas."
Hanareum, head attorney at Law Firm LF, said, "If a student is in the upper grades of elementary school, it is highly likely a court would find the student could recognize to some extent the risks and harm of making and distributing deepfakes," adding, "It is hard to lower the level of discipline solely because of young age."
◇ Made a deepfake with a teacher's photo… middle school student ordered to transfer
In a case where a teacher was targeted to create deepfake pornography, a transfer order was upheld. The Daejeon District Court in May dismissed a suit by a middle school student, identified as B, and the parents to overturn a transfer and other measures imposed by the education office.
B was found to have, in Nov. last year, sent a photo of a teacher at the school B attended to a friend, identified as C, and asked for a deepfake video to be made. The education office ordered B to transfer and complete three hours of special education. C, who created the video, received the same measures.
In court, B argued there was no request to make pornography and that it was just a prank between friends. But the panel found that B sent the teacher's photo with a specific request to splice it into a deepfake video, and even said words to the effect of posting it on a pornographic site. It held that even if B did not make the video personally, B could not avoid responsibility if B actively requested its creation.
◇ Impersonated the victim and spread personal data… secondary harm spread beyond the school
There was also a case where, after making a deepfake photo, the offender impersonated the victim and spread personal information.
The Seoul Administrative Court dismissed a suit by a middle school student, identified as D, to overturn a transfer and other measures imposed by the education office.
D made a nude composite photo using the victim's picture and then posed as the victim on an anonymous social network. In the process, D was found to have spread personal information including the victim's name, address, and school along with the composite photo.
The panel said, "This can have a massive negative impact on a teenage victim's daily life, so the seriousness, intent, and blameworthiness are markedly high," and upheld the transfer and a five-hour special education order.
Taken together, court rulings show that in deepfake school-violence cases, the key factors determining disciplinary severity are intent and repetition, the scope of distribution, and the degree of harm, rather than the offender's age. If a student ignores a victim's demand to stop or discloses personal information and causes secondary harm, courts view heavy penalties such as transfer as not excessive.
Hanareum, head attorney at Law Firm LF, said, "Deepfake incidents often involve multiple students in the production, possession, and distribution processes," adding, "Even a student who only viewed the material without directly making or distributing it can be held responsible for school violence. In such cases, whether the student knew in advance what the video contained and watched it becomes an important criterion."