How likely is punishment under current law?

Possible forced deportation if deepfake allegations are confirmed

Johnny Somali (real name Ramsey Khalid Ismael, 24), the American 'nuisance YouTuber' who drew public outrage for a string of bizarre antics in Korea, has finally apologized. He appears to have backed down out of fear of criminal punishment, as public opinion turned sharply against him and police launched investigations into his various alleged offenses.

According to broadcasting industry sources on the 9th, Somali said on the 7th in front of the Statue of Peace in Dobong District, Seoul: "(Kissing the statue) was something I did for the entertainment of American viewers. Seeing Koreans' reaction, I realized their feelings were hurt. I had no intention of wounding your pride. I hope you will accept my apology." He also repeatedly apologized in Korean, saying, "I was too young (and didn't know better). I'm truly sorry."

Although Somali bowed his head, public opinion remains cold. The YouTube channel that posted the video, 'J Company_Politics & Current Affairs,' drew multiple critical comments, such as "He also apologized in Japan before being deported, then moved on to another country and kept doing strange things," "By what right are the Korean YouTubers who staged Somali's apology requesting reconciliation on behalf of the victims?" and "Proceed with the investigation into Somali as planned and detain him immediately."

Police are indeed looking into Somali's various alleged offenses. On the 17th of last month, he was booked on charges of obstruction of business for playing music and dancing at a convenience store in Mapo District, Seoul, and hurling abuse at an employee who tried to stop him. Mapo Police Station launched an investigation, imposing a travel ban and summoning him for questioning. He was spotted at Incheon International Airport on the 30th of the same month, raising suspicions that he was attempting to flee the country, but the police travel ban means he will remain in Korea for the time being.

Somali is also accused of producing and distributing deepfake (AI-based image synthesis) pornography. On the 1st, he created a video of himself kissing Ms. A, a Korean female streamer active on the personal broadcasting platform 'Kick,' and livestreamed it on his YouTube channel, after which Ms. A filed a criminal complaint against him for violating the Act on Special Cases Concerning the Punishment of Sexual Crimes (distribution of false videos, etc.). In the video he reportedly claimed, "I also had sex with Ms. A."

If these allegations are proven true, he could face severe criminal punishment. Deepfake crimes are serious offenses that the National Assembly, the courts, the prosecution and the police have all recently vowed in unison to crack down on. Under Article 14-2 of the Act on Special Cases Concerning the Punishment of Sexual Crimes, producing a deepfake video is punishable by up to seven years in prison or a fine of up to 50 million won, so if Ms. A's claims are correct, Somali may well spend a considerable stretch of time behind bars in a Korean prison.

Shin Dong-woo, Managing Partner at DAEON Law Firm, told Kookmin Ilbo by phone: "Under current law, a foreigner who commits a crime in Korea is subject to the same statutes as a Korean national. As for the obstruction-of-business charge involving the convenience store employee, the harm was minor, so I think it could end with a fine. But in the case of distributing a deepfake video, if the allegation is true, it will be hard for him to avoid severe criminal punishment."

If Somali did in fact produce the deepfake video and is criminally punished, he could be deported after serving his sentence. Under current law, if a foreigner residing in Korea receives a criminal penalty of a fine of 3 million won or more in a single case, or if the total fines paid over five years exceed 5 million won, the Ministry of Justice may decide whether to deport them after a review. Distributing a deepfake video is a serious crime that far exceeds this threshold.

Some observers note, however, that actual deportation is another matter. A lawyer who requested anonymity said, "Judging from Somali's track record, it seems highly likely he will receive a criminal penalty exceeding the requirements for deporting a foreigner under current law," but added, "Deportation also requires considering diplomatic relations with the other country, so the decision to expel someone is not made automatically just because the requirements are met. The judicial authorities and the government may well reach different judgments."

Reporter Kim Jin-wook reality@kmib.co.kr