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[Influencer Support Center] [Q&A] Attorney Chang-Kuk Lim Discusses Legal Issues Surrounding Virtual Characters

  • Date 2026.07.29
  • Hit 395

‘Influencer Support Center’
Legal Issues Surrounding Virtual Characters by Attorney Chang-Kuk Lim

 

Attorney Chang-Kuk Lim of One Law Partners, LLC brings 16 years of experience as a public prosecutor, together with extensive expertise in IT-related matters and cybercrime cases.
 

Accordingly, as the Director of the Influencer Support Center at One Law Partners, LLC, Attorney Chang-guk Lim has built a notable track record, including leading a dedicated task force focused on assisting individuals affected by the forced deactivation of Instagram accounts.


 

  Q1. Can a person be punished for posting AI-generated images of virtual characters with nudity on social media and earning revenue from them? 
 

AI-generated images are not exempt from the application of the law simply because they are created by AI.
 
If such images are legally deemed obscene, they may be subject to the Information and Communications Network Act, the Act on Special Cases Concerning the Punishment of Sexual Crimes, and the Act on the Protection of Children and Youth Against Sexual Offenses, depending on the manner in which they are created, posted, distributed, or sold.


 

  Q2. Can selling AI-generated adult content through paid subscription services or sponsorship platforms also be illegal? 


It may be.
 

Providing AI-generated obscene content through paid subscription platforms, membership services, sponsorship platforms, and similar channels may be regarded as a sale or distribution activity rather than mere possession, and various laws may apply depending on the content and the manner in which it is distributed.

 

Q3. Can images created solely by AI, without using any real person, also be subject to legal regulation? 


It can.

Even if no real person appears in the image, the relevant legal provisions may still apply if the image is legally deemed obscene.

In particular, where the image depicts a person who can clearly be recognized as a child or adolescent, even a purely AI-generated image may be regarded as child or youth sexual exploitation material.

 

Q4. Can AI-generated virtual character images also constitute a deepfake-related offense? 
 
Deepfake-related criminal offenses generally presuppose the editing, synthesis, or manipulation of a specific person's face, body, or voice.
 
Accordingly, purely AI-generated content and fabricated media created by combining AI-generated content with a specific individual may be subject to different legal standards.


 

Q5. Is it mandatory to disclose that content was created using AI when publishing AI-generated content? 


The Framework Act on Artificial Intelligence Development and Establishment of a Foundation for Trust, which came into effect in January 2026,

provides that, in certain cases, users must be informed or otherwise be able to recognize that the content is a generative AI output.

 
Q6. Can AI influencers active on Instagram or other social media platforms also be subject to AI disclosure requirements? 


Where content created using generative AI is provided, or products or services utilizing such content are offered for sale, it is necessary to review whether the relevant provisions of the Framework Act on Artificial Intelligence apply.

 

Q7. Can legal liability be avoided by disclosing that content was generated by AI? 
 

Not necessarily.
Even if it is disclosed that the content was generated by AI, liability under applicable laws may still arise if the content itself presents legal issues.

 

Q8. Can sending AI-generated obscene content through direct messages (DMs) or messaging applications also result in criminal liability? 

Where images or videos that cause sexual humiliation or disgust are transmitted against a person's will, relevant laws, including those concerning obscene acts through communications media, may apply.

 
Q9. Are platforms such as Instagram and YouTube free from liability for the distribution of AI-generated obscene content? 

If a platform becomes aware of the distribution of illegal content and nevertheless fails to take necessary measures, criminal or civil liability may arise depending on the circumstances.

 
Q10. What are the key legal issues that must be considered when operating AI-generated images or AI influencer content? 


Regardless of whether content is generated by AI, depending on the content itself, the manner of distribution, the monetization structure, the target audience, and whether a specific individual is used, the Information and Communications Network Act, the Act on Special Cases Concerning the Punishment of Sexual Crimes, the Act on the Protection of Children and Youth Against Sexual Offenses, and the Framework Act on Artificial Intelligence may apply, making prior legal review necessary.



 

The Influencer Support Center of One Law Partners, LLC is a comprehensive legal support service
dedicated to assisting influencers with the various legal issues they may encounter throughout their activities.

 

It provides tailored legal advice and representation in matters including advertising and sponsorship agreements, copyright, portrait rights, and tax issues,
as well as disputes involving account suspension, defamation, invasion of privacy, and stalking.
 

The Center also supports influencers in all aspects of their professional activities, including contract review with MCNs, brands, and platforms,
revenue settlement matters, intellectual property protection, and legal advisory services relating to global platforms.
 

One Law Partners, LLC understands influencers as both brands and business operators, and is committed to serving as a trusted legal partner so that influencers can focus on their creative work.


 

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Attorney Chang-Kuk Lim cklim@onelawpartners.com
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Public Relations Team, One Law Partners, LLC | pr@onelawpartners.com

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