ENFORCEMENT DECREE OF THE ACT ON THE PUNISHMENT OF ARRANGEMENT OF COMMERCIAL SEX ACTS
Presidential Decree No. 18552, Sep. 23, 2004
Amended by Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 26980, Feb. 12, 2016
| Article 2 (Scope of Persons with Severe Disabilities) |
"Person with severe disabilities prescribed by Presidential Decree" in Article 2 (1) 3 (b) and 4 (c), and Articles 8 (3) and 18 (2) 2 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (hereinafter referred to as the "Act" means anyone who is prescribed in the Appendix or corresponding thereto, who has difficulties in living his/her normal daily life or social life without the protection and supervision of another person and for that reason is weak to resist any unfair pressure, deception, and inducement by another person.
| Article 3 (Application for Keeping Interrogation of Witness Undisclosed to Public) |
Any application for keeping the interrogation of witness undisclosed to the pubic provided for in Article 9 (2) of the Act may be filed orally in the court (including where the interrogation of witness is in progress).
| Article 4 (Criteria for Judging Need, etc. for Protective Disposition) |
In passing a judgment on the need, kind, and period, etc. of a protective disposition for anyone who has involved in a commercial sex act, the court and prosecutor shall fully take into account various circumstances, such as the workplace, the relationship with family, the possibility of repeated offense, and the effect of protective disposition of the actor as well as the motives of a commercial sex act and the sexual behavior of the actor.
| Article 5 (Application for Payment of Bounty) |
| (1) | Anyone who intends to be paid a bounty (hereinafter referred to as the "bounty") for his/her reporting (including criminal complaints and accusations; hereinafter the same shall apply) in accordance with Article 28 of the Act shall file an application with the chief prosecutor of the competent district prosecutors' office (including the heads of the branch offices of the district prosecutors' offices; hereinafter the same shall apply) for the payment of such bounty under the conditions as prescribed by Ministerial Decree of Justice. |
| (2) | The application referred to in paragraph (1) may be filed under an anonymous name or a false name, notwithstanding Article 2 (1) 3 of the Enforcement Decree of the Civil Petitions Treatment Act. In this case, the confirmation of the grounds for filing such application by the head of the agency that has received the relevant reporting is required. <Amended by Presidential Decree No. 26980, Feb. 12, 2016> |
| (3) | The application referred to in paragraph (1) shall be filed within one year from the date on which the grounds for paying the bounty provided for in Article 6 (1) have become known. |
| (4) | Upon receipt of the application referred to in paragraph (1), the chief prosecutor of the competent district prosecutors' office shall submit the application accompanied by the documents prescribed by Ministerial Decree of Justice to the Minister of Justice through the Prosecutor General. |
| Article 6 (Payment of Bounty) |
| (1) | Bounty may be paid where any crime that anyone has reported is indicted or a disposition is taken for suspension of indictment: Provided, That even if indictment is not initiated on the grounds of the impossibility to arrest the suspect, when the concrete evidence of the crime is secured on the grounds of the reporting or such reporting greatly contributes to the relief of the victim of commercial sex acts, bounty may be paid. |
| (2) | The amount of bounty shall not exceed 20 million won and be payable within the budget of the relevant year, and specific standards for paying the bounty shall be prescribed by Ministerial Decree of Justice. |
| (3) | The Minister of Justice may delegate part of the administrative work involving bounty payment to the Prosecutor General or the chief prosecutor of the competent district prosecutors' office. |
| Article 7 Deleted. <by Presidential Decree No. 21087, Oct. 20, 2010> |
| Article 8 (Restrictions on Payment of Bounty) |
No bounty shall be paid, in any of the following cases:
| 1. | Where any public official in charge of cracking down on the crimes provided for in the Act reports any crime, of which he/she learns while performing his/her duties; |
| 2. | Where anyone who is liable to report any crime to any investigation agency under Article 7 (1) of the Act or his/her agent reports any crime; |
| 3. | Where anyone who performs the act of buying sex reports any crime involving his/her act; |
| 4. | Deleted. <by Presidential Decree No. 21087, Oct. 20, 2010> |
| Article 9 (Refund of Bounty) |
After the provision of the bounty, where it is confirmed that anyone has received the bounty by fraud or other improper menas or the grounds provided for in each subparagraph of Article 8 exist, the Minister of Justice may have such bounty refunded.
| Article 10 (Preparation of Payment Record of Bounty) |
The Minister of Justice shall make and keep a payment record and a payment ledger of bounty under the conditions determined by Ministerial Decree of Justice when he/she pays bounty, and enter payment details thereof.
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on September 23, 2004. |
| (3) | (Relationship to Other Statutes) Where other statutes cite the Enforcement Decree of the previous Prevention of Prostitution, etc. Act and its provisions as at the time this Decree enters into force, when any provisions of this Decree fall under the cited Decree and provisions, this Decree or the relevant provisions of this Decree shall be deemed cited. |
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Article 10 shall enter into force on November 11, 2008; Articles 24 through 26 on January 1, 2010; Article 29 on July 1, 2009; and Article 48 on January 1, 2013, respectively.
Article 2 (Transitional Measures following Amendment to the Decree on Disciplinary Action against Public Officials) | (1) | The First Central Disciplinary Committee and the Second Central Disciplinary Committee established under the previous Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force, shall be deemed the Central Disciplinary Committee under this Decree. |
| (2) | A request for resolution of disciplinary action submitted to the First Central Disciplinary Committee and the Second Central Disciplinary Committee under the previous Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force, shall be deemed submitted to the Central Disciplinary Committee under this Decree. |
| (3) | Resolutions made by the First Central Disciplinary Committee and the Second Central Disciplinary Committee under the previous Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force, shall be deemed those made by the Central Disciplinary Committee under this Decree. |
Article 3 (Transitional Measures following Amendment to the Enforcement Decree of the Framework Act on Logistics Policies)
The affairs conducted by the Minister of Land, Transport and Maritime Affairs following deliberations and resolutions made by the certified professional logistician examination committee under the previous Enforcement Decree of the Framework Act on Logistics Policies as at the time this Decree enters into force, shall be deemed conducted by the Minister of Land, Transport and Maritime Affairs under this Decree. Article 4 Omitted.
ADDENDA <Presidential Decree No. 26980, Feb. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.