Flag Desecration Laws — Korea Punishes, Japan Allows Desecrating Own Flag

Is tearing or burning a flag a crime or free speech? The answer differs completely by country.

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Korea: Own Flag Desecration = Crime

Korea's Criminal Code Article 105 punishes those who "damage, remove, or deface the national flag or emblem with intent to insult" with up to 5 years imprisonment or 7 million won fine. Article 109 also punishes foreign flag desecration (up to 2 years).

In Korea, both own and foreign flag desecration is punishable.

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Japan: Only Foreign Flag Desecration Punished — Own Flag Is Legal

Japan's Criminal Code Article 92 punishes foreign flag desecration (up to 2 years or 200,000 yen). Surprisingly, there is no punishment for desecrating Japan's own flag (Hinomaru).

• Foreign flag desecration: Criminal (Article 92)

• Japanese flag desecration: Legal (no provision)

This asymmetry exists because the Meiji-era criminal code aimed to protect diplomatic relations with foreign countries but didn't include provisions for the domestic flag.

Conservatives (LDP) have proposed bills to criminalize own-flag desecration, but they failed due to "freedom of expression" opposition.

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USA: Flag Burning = Free Speech (1989 Supreme Court)

In Texas v. Johnson (1989), the Supreme Court ruled 5:4 that flag burning is protected by the First Amendment. Multiple constitutional amendments to ban flag desecration have been proposed but all defeated.

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Comparison

Act	Korea	Japan	USA	Germany
Own flag	Crime (5yr)	Legal	Legal	Crime (3yr)
Foreign flag	Crime (2yr)	Crime (2yr)	Legal	Crime
Basis	National symbol	Diplomacy	Free speech	National symbol

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Japan's Unique Asymmetry

Japan protects foreign flags but not its own — a unique structure. Analysis suggests this reflects post-war wariness toward nationalism. Since the Hinomaru and Kimigayo were used as symbols of wartime militarism, strengthening legal protection for the flag risks being perceived as "return to militarism."