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ENFORCEMENT DECREE OF THE ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF CHILD ABUSE CRIMES

Presidential Decree No. 25620, Sep. 24, 2014

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse and matters necessary for the enforcement thereof.
 Article 2 (Principle of Protection of Child Victims)
Where a prosecutor, judicial police officer, probation officer, or the head or an employee of a specialized child protection agency referred to in Article 45 of the Child Welfare Act (hereinafter referred to as “specialized child protection agency”) issues a disposition or makes a request under the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse (hereinafter referred to as the “Act”), he/she shall consider the safety and protection of a child victim as a matter of priority.
 Article 3 (Formulation of Policies for Preventing Recidivism of Child Abuse Offenders)
The Minister of Justice shall formulate policies for preventing the recidivism of child abuse offenders, including the development of programs necessary for the implementation of course attendance orders and program completion orders provided for in Article 8 (1) of the Act, the nurturing of related experts, etc.
 Article 4 (Case Management Meetings)
(1) In order to make a request for ad hoc measures under Articles 14 and 15 of the Act or a request for change of ad hoc measures under Article 22 of the Act, to forward a child protection case under Article 28 of the Act, to file a request for the revision, revocation, or termination of protective orders under Articles 40 through 42 of the Act, or to provide support for child victims, a prosecutor may hold a case management meeting to be attended by the heads of specialized child protection agencies, the heads of entrusted institutions referred to in the main sentence of Article 36 (5) of the Act (hereinafter referred to as “entrusted institution”), judicial police officers, probation officers, doctors, attorneys-at-law, public officials dealing exclusively with child welfare referred to in Article 13 of the Child Welfare Act (hereinafter referred to as “public officials dealing exclusively with child welfare”), etc. to hear their opinions, etc.
(2) Any attendee of a case management meeting prescribed in paragraph (1) (hereinafter referred to as “Meeting”) may submit the results of investigations, materials, etc. necessary for a Meeting or file a report thereon.
(3) Where necessary for conducting a Meeting, a prosecutor may require any attendee of a Meeting to submit the results of investigations, materials, etc. or file a report thereon.
 Article 5 (Hearing Opinions of Child Victims, etc.)
(1) Where a child victim is delivered or entrusted to a protective facility, medical institution, or child welfare facility pursuant to an emergency measure under Article 12 of the Act or a child victim protection order under Article 47 of the Act, an employee of a specialized child protection agency or judicial police officer may regularly visit the child victim in order to mediate communication between the child victim and his/her guardian, to hear opinions regarding the condition of the child victim, etc.: Provided, That the mediation of communication between the child victim and his/her guardian shall be done only when the child victim wants it.
(2) An employee of a specialized child protection agency or judicial police officer shall make efforts to create an environment in which a child victim can feel comfortable and talk when he/she mediates communication or hears opinions pursuant to paragraph (1).
(3) Where it is necessary for the submission of materials under Article 25 (4) of the Act, for the submission of reports or written opinions under Article 39 of the Act, or for the investigation of the current status of compliance under Article 53 (1) of the Act, the head of a specialized child protection agency or the head of an entrusted institution may request the head of a protective facility, the head of a medical institution, the head of a child welfare facility, etc. to submit materials related to a child victim or a child abuse offender.
 Article 6 (Training for Specialized Child Protection Agencies)
Training for employees of specialized child protection agencies prescribed in Article 55 of the Act shall include the following:
1. Policies for preventing child abuse crimes;
2. Statutes related to child abuse crimes;
3. Liaison with related agencies for work performance;
4. Investigative methods for the protection of child victims;
5. Other matters for enhancing the expertise of employees of specialized child protection agencies.
 Article 7 (Management of Sensitive Information and Unique Identifying Information)
(1)  Where it is inevitable to conduct the following duties, the heads of the related administrative agencies including the Minister of Justice, prosecutors, the director of a probation office, the director of a correctional facility, judicial police officers, probation officers, the head and employees of a specialized child protection agency, the head and employees of a child welfare facility, and the head and employees of an entrusted institution may manage materials which include information on health and sex life referred to in Article 23 of the Personal Information Protection Act, information corresponding to genetic data and criminal records prescribed in subparagraphs 1 and 2 of Article 18 of the Enforcement Decree of the same Act, and resident registration numbers, passport numbers, driver’s license numbers, or foreigner registration numbers prescribed in Article 19 of the same Enforcement Decree:
1. Duties related to the execution of a course attendance order or a program completion order under Article 8 of the Act;
2. Duties related to a request for adjudication on the loss of parental authority or for trial for the replacement of a guardian, etc. under Article 9 of the Act;
3. Duties related to an investigation or inquiry under Article 11 (2) of the Act;
4. Duties related to emergency measures under Article 12 of the Act;
5. Duties related to urgent ad hoc measures under Article 13 of the Act;
6. Duties related to a request for ad hoc measures under Articles 14 and 15 of the Act;
7. Duties related to a request for change of ad hoc measures under Article 22 (3) of the Act;
8. Duties related to the presentation of opinions concerning the temporary appointment of a guardian under Article 23 (2) of the Act (including cases which this is applied mutatis mutandis under Article 36 (4), 47 (4), or 52 (3) of the Act);
9. Duties related to the investigation, submission of materials, etc. before a decision is made under Article 25 of the Act;
10. Duties related to the forwarding of cases under Article 28 of the Act;
11. Duties related to the execution of a decision on a protective order under Article 38 of the Act;
12. Duties related to the submission of reports, written opinions, etc. under Article 39 of the Act;
13. Duties related to a request for the revision, revocation, or termination of protective orders under Articles 40 through 42 of the Act;
14. Duties related to complaints and further complaints under Article 45 or 57 of the Act;
15. Duties related to a request for a child victim protection order under Article 47 of the Act;
16. Duties related to an application for execution, revocation, or change of a protection order under Article 50 of the Act (including cases this is applied mutatis mutandis under Article 52 (4) of the Act);
17. Duties related to training for employees of specialized child protection agencies under Article 55 of the Act;
18. Duties related to hearing opinions, etc. regarding the condition of a child victim, etc. under Article 5;
19. Business affairs necessary to conduct the duties specified in subparagraphs 1 through 18.
(2) Where it is inevitable to conduct the duties related to reporting, etc. pursuant to Article 10 of the Act, an investigative agency, the head and employees of a specialized child protection agency, or a person with a duty to report may manage materials which include information on health referred to in Article 23 of the Personal Information Protection Act or resident registration numbers, passport numbers, driver’s license numbers, or foreigner registration numbers provided for in Article 19 of the Enforcement Decree of the same Act.
(3) Where it is inevitable to conduct the following duties, the Minister of Justice, prosecutors, or judicial police officers may manage materials which include information on health referred to in Article 23 of the Personal Information Protection Act, information corresponding to criminal records prescribed in subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, and resident registration numbers, passport numbers, driver’s license numbers, or foreigner registration numbers prescribed in Article 19 of the same Enforcement Decree:
1. Duties related to the designation, etc. of a court-appointed defense attorney under Article 27 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which is applied mutatis mutandis under Article 16 of the Act;
2. Duties related to the qualifications, nurturing, training, etc. of an intermediary under Articles 35 and 36 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which is applied mutatis mutandis under Article 17 of the Act;
3. Business affairs necessary to conduct the duties specified in subparagraph 1 or 2.
(4) Where it is inevitable for any of the following persons to conduct the relevant duties and business affairs incidental thereto, such person may manage materials which include personal information provided for in paragraph (3):
1. An attorney-at-law of a child victim specified in Article 27 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which is applied mutatis mutandis under Article 16 of the Act: Duties for providing legal support to a child victim;
2. An intermediary specified in Article 35 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which is applied mutatis mutandis under Article 17 of the Act: Duties for mediating communication or offering assistance for a child victim;
3. An assistant specified in Article 48 of the Act or a court-appointed defense attorney specified in Article 49 of the Act: Procedural action for a child victim.
 Article 8 (Standards for Imposition of Fines for Negligence)
Standards for the imposition of fines for negligence referred to in Article 63 (1) of the Act shall be in accordance with the attached Table.
ADDENDUM
This Decree shall enter into force on September 29, 2014.