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ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF SEXUAL CRIMES

Wholly Amended by Act No. 11556, Dec. 18, 2012

Amended by Act No. 11729, Apr. 5, 2013

Act No. 12889, Dec. 30, 2014

Act No. 14412, Dec. 20, 2016

Act No. 15156, Dec. 12, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to ensure the safety of the life and body of those who have suffered sexual crimes and to contribute to the establishment of a healthy, orderly society by prescribing special cases concerning the punishment of sexual crimes and the procedures therefor.
 Article 2 (Definitions)
(1) The term "sexual crime" used in this Act means any of the following: <Amended by Act No. 11731, Apr. 5, 2013; Act No. 14412, Dec. 20, 2016>
1. A crime falling under Article 242, 243, 244, or 245 of the Criminal Act among the crimes concerning sexual morals provided for in Chapter XXII of Part II of the same Act;
2. Among the crimes of kidnapping, abduction, and trafficking provided for in Chapter XXXI of PART II of the Criminal Act, a crime falling under Article 288 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; or a crime falling under Article 289 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; a crime falling under Article 290 (limited to cases where a person commits a crime provided for in Article 288 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; or a crime provided for in Article 289 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, and thereby inflicting injury on a victim, or causing the injury of a victim, who has been kidnapped, abducted, or trafficked); a crime falling under Article 291 (limited to cases where a person commits a crime provided for in Article 288 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; or a crime provided for in Article 289 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, and thereby killing a victim, or causing the death of a victim, who has been kidnapped, abducted, or trafficked); a crime falling under Article 292 (limited to cases where a person commits a crime of taking or concealing a victim who has been kidnapped, abducted, or trafficked as a result of a crime provided for in Article 288 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, or a crime provided for in Article 289 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; or cases where a person recruits, transfers, or delivers another with the intent to commit a crime provided for in Article 288 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, or a crime provided for in Article 289 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation); and a crime falling under Article 294 (limited to an attempt to commit a crime provided for in Article 288 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; or an attempt to commit a crime provided for in Article 289 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; an attempt to commit a crime provided for in Article 290 (1) caused by a crime under Article 288 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, or a crime under Article 289 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; or an attempt to commit a crime provided for in Article 291 (1) caused by a crime under Article 288 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, or a crime under Article 289 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; and an attempt to commit a crime of taking or concealing a victim, who has been kidnapped, abducted, or trafficked, for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, among attempts to commit a crime provided for in Article 292 (1));
3. A crime falling under Article 297, 297-2, 298, 299, 300, 301, 301-2, 302, 303, or 305 among the crimes concerning rape and infamous conduct prescribed in Chapter XXXII of Part II of the Criminal Act;
4. A crime falling under Article 339 (Robbery and Rape) or Article 342 (limited to a person who has attempted a crime falling under Article 339) of the Criminal Act;
5. A crime falling under any of Articles 3 through 15 of this Act.
(2) Any crime referred to in paragraph (1), subject to any aggravated punishment under any other Act, shall be deemed a sexual crime.
CHAPTER II SPECIAL CASES CONCERNING THE PUNISHMENT OF SEXUAL CRIMES AND THE PROCEDURES THEREFOR
 Article 3 (Special Robbery, Rape, etc.)
(1) A person who commits a crime prescribed in Article 297, 297-2, 298, or 299 of the Criminal Act in the course of committing a crime under Article 319 (1), 330, 331, or 342 (limited to an attempt to commit a crime under Article 330 or 331) of the same Act shall be punished by imprisonment for life or for at least five years.
(2) A person who commits a crime prescribed in Article 297, 297-2, 298, or 299 of the Criminal Act in the course of committing a crime under Article 334 or 342 (limited to an attempt to commit a crime under Article 334) of the same Act shall be punished by death or by imprisonment for life or for at least ten years.
 Article 4 (Aggravated Rape, etc.)
(1) A person who commits a crime prescribed in Article 297 of the Criminal Act, carrying any weapon or other dangerous object or jointly with any other persons, shall be punished by imprisonment for life or for at least five years.
(2) A person who commits a crime prescribed in Article 298 of the Criminal Act in the manner as prescribed by paragraph (1) shall be punished by imprisonment for a fixed term of at least three years.
(3) A person who commits a crime prescribed in Article 299 of the Criminal Act in the manner prescribed by paragraph (1) shall be punished according to the provisions of paragraph (1) or (2).
 Article 5 (Rape, etc. through Abuse of Consanguineous or Marital Relationship)
(1) A person who, through violence or intimidation, has sexual intercourse with another person in a consanguineous or marital relationship shall be punished by imprisonment for a fixed term of at least seven years.
(2) A person who, through violence or intimidation, commits an indecent act on another person in a consanguineous or marital relationship shall be punished by imprisonment for a fixed term of at least five years.
(3) A person who commits a crime prescribed in Article 299 of the Criminal Act on another person in a consanguineous or marital relationship shall be punished according to the provisions of paragraph (1) or (2).
(4) The scope of persons in a consanguineous or marital relationship referred to in paragraphs (1) through (3) shall be limited to relatives by blood or marriage within the fourth degree or residing together.
(5) A consanguineous or marital relationship under paragraphs (1) through (3) shall include a de facto relationship.
 Article 6 (Rape of, or Commission of Indecent Acts by Compulsion on, Persons with Disabilities)
(1) A person who commits a crime prescribed in Article 297 of the Criminal Act on another person with a physical or mental disability shall be punished by imprisonment for life or for at least seven years.
(2) A person who, through violence or intimidation, commits any of the following acts on another person with a physical or mental disability shall be punished by imprisonment for a fixed term of at least five years:
1. Inserting the genitals into the inner part of the other person's body (excluding genitals), such as the mouth or anus;
2. Inserting a part of the body (excluding genitals), such as fingers, or implements into the other person's genitals or anus.
(3) A person who commits a crime prescribed in Article 298 of the Criminal Act on another person with a physical or mental disability shall be punished by imprisonment for a fixed term of at least three years or by a fine of at least twenty, but not more than fifty million won.
(4) A person who has sexual intercourse with or commits an indecent act on another person by taking advantage of the latter's condition of inability to resist or difficulty in resisting due to physical or mental disability shall be punished according to the provisions of paragraphs (1) through (3).
(5) A person who, through fraudulent means or by a threat of force, has sexual intercourse with another person with a physical or mental disability shall be punished by imprisonment for a fixed term of at least five years.
(6) A person who, through fraudulent means or by a threat of force, commits an indecent act on another person with a physical or mental disability shall be punished by imprisonment for a fixed term of at least one year or by a fine of at least ten, but not more than thirty million won.
(7) If the head or a staff member of a facility for the protection, education, etc. of persons with disabilities commits any of the crimes listed in paragraphs (1) through (6) on a disabled person who is under his/her protection or supervision, the penalty shall be raised by up to one half of the prescribed one.
 Article 7 (Rape of, or Commission of Indecent Acts by Compulsion on, Minors under Age of 13)
(1) A person who commits a crime prescribed in Article 297 of the Criminal Act on a minor under the age of 13 shall be punished by imprisonment for life or for at least ten years.
(2) A person who, through violence or intimidation, commits any of the following acts on a minor under the age of 13 shall be punished by imprisonment for a fixed term of at least seven years:
1. Inserting the genitals into the inner part of the minor's body (excluding genitals), such as the mouth or anus;
2. Inserting a part of the body (excluding genitals), such as fingers, or implements into the minor's genitals or anus.
(3) A person who commits a crime prescribed in Article 298 of the Criminal Act on a minor under the age of 13 shall be punished by imprisonment for a fixed term of at least five years or by a fine of at least thirty, but not exceeding fifty million won.
(4) A person who commits a crime prescribed in Article 299 of the Criminal Act on a minor under the age of 13 shall be punished according to the provisions of paragraphs (1) through (3).
(5) A person who, through fraudulent means or by a threat of force, has sexual intercourse with or commits an indecent act on a minor under the age of 13 shall be punished according to the provisions of paragraphs (1) through (3).
 Article 8 (Bodily Injury Associated with, or Resulting from, Rape, etc.)
(1) A person who inflicts a bodily injury on another person in the course of committing a crime prescribed in Article 3 (1), 4, 6, 7, or 15 (limited to an attempt to commit a crime under Article 3 (1), 4, 6, or 7), or leads to a bodily injury on another person by committing such crime, shall be punished by imprisonment for life or for at least ten years.
(2) A person who inflicts a bodily injury on another person in the course of committing a crime prescribed in Article 5 or 15 (limited to an attempt to commit a crime under Article 5), or leads to a bodily injury on another person by committing such crime, shall be punished by imprisonment for life or for at least seven years.
 Article 9 (Murder Associated with Rape, etc., or Rape, etc. Resulting in Death)
(1) A person who murders another person in the course of committing a crime prescribed in any of Articles 3 through 7 and 15 (limited to an attempt to commit a crime under any of Articles 3 through 7) of this Act or a crime prescribed in any of Articles 297, 297-2, and 298 through 300 of the Criminal Act shall be punished by death or imprisonment for life.
(2) A person who commits a crime prescribed in Article 4, 5, or 15 (limited to an attempt to commit a crime under Article 4 or 5), thereby causing the death of another person, shall be punished by imprisonment for life or for at least ten years.
(3) A person who commits a crime prescribed in Article 6, 7, or 15 (limited to an attempt to commit a crime under Article 6 or 7), thereby causing the death of another person, shall be punished by death or by imprisonment for life or for at least ten years.
 Article 10 (Indecent Acts through Abuse of Occupational Authority, etc.)
(1) A person who, through fraudulent means or by a threat of force, commits an indecent act on another person who is under his/her guardianship or supervision by reason of his/her business, employment, or other relationship shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won.
(2) A person who commits an indecent act on another person held in his/her custody according to the provisions of any Act shall be punished by imprisonment for not more than three years or by a fine not exceeding fifteen million won.
 Article 11 (Indecent Acts in Crowded Public Places)
A person who commits an indecent act on another person in any public transportation vehicle, place of public performance or assembly, or other crowded public place shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won.
 Article 12 (Intrusion upon Publicly Used Places with Intent to Satisfy Sexual Urges)
A person who intrudes upon any publicly used place used by many and unspecified people including a toilette, public bath, bathroom, sweating room, breast-feeding facilities, and dressing room, or who refuses to leave such a place upon demand, with intent to satisfy his/her own sexual urges, shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won. <Amended by Act No. 15156, Dec. 12, 2017>
 Article 13 (Obscene Acts by Using Means of Communication)
A person who sends another person any words, sounds, writings, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual urges, shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won.
 Article 14 (Taking Photos by Using Cameras, etc.)
(1) A person who takes photos of another person's body, which may cause any sexual stimulus or shame against the latter's will, by using a camera or similar mechanism, or who distributes, sells, leases, provides, or openly exhibits or screens the photos so taken, shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won.
(2) Even though taking photos under paragraph (1) was not against the will of the person photographed at the time of taking such photos, a person who distributes, sells, leases, provides, or openly exhibits or screens any photos of the former's body so taken, against the former's will, thereafter, shall be punished by imprisonment for not more than three years or by a fine not exceeding five million won.
(3) A person who circulates any photos taken under paragraph (1), for the purpose of profit-making, by means of an information and communications network referred to in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as "information and communications network"), shall be punished by imprisonment for not more than seven years or by a fine not exceeding thirty million won.
 Article 15 (Attempts)
Attempts to commit a crime under Articles 3 through 9 and 14 shall be punished.
 Article 16 (Concurrent Imposition of Penalties and Orders to Attend Courses, etc.)
(1) If a court pronounces a suspended sentence on a sex offender, it may order him/her to be subject to probation for one year: Provided, That when it pronounces a suspended sentence on a sex offender who is a juvenile provided for in Article 2 of the Juvenile Act, the probation shall be ordered against him/her without exception.
(2) If a court declares a sex offender guilty (excluding a suspended sentence) or notifies a summary order, it shall order him/her to attend a course or complete a sex offender treatment program (hereinafter referred to as "order to complete a program") for not more than 500 hours, concurrently with such sentence, as may be necessary to prevent a recurrence of the offense: Provided, That the same shall not apply where the sex offender has any special circumstances that make it impossible to impose such order to attend a course or order to complete a program. <Amended by Act No. 14412, Dec. 20, 2016>
(3) If a court pronounces a stay of execution of sentence on a sex offender, it shall order him/her to attend a course under paragraph (2) for a certain period not exceeding the period of such stay, concurrently with such pronouncement, and if a court pronounces a fine or heavier punishment on a sex offender or notifies a summary order to him/her, it shall impose an order to complete a program on him/her concurrently with such punishment: Provided, That such order to complete a program may not be imposed concurrently on any sex offender subject to an order to complete a program under Article 9-2 (1) 4 of the Act on the Probation for and Electronic Monitoring of Specific Criminal Offenders. <Amended by Act No. 14412, Dec. 20, 2016>
(4) If a court pronounces a stay of execution of sentence on a sex offender, it may impose on him/her probation or/and community service for a certain period not exceeding the period of such stay, concurrently with an order to attend a course under paragraph (2).
(5) An order to attend a course or order to complete a program prescribed in paragraph (2) shall be executed within the period during which the execution of a sentence is stayed if a court pronounces a stay of execution of sentence, within six months from the date on which a sentence becomes final and conclusive if a court pronounces punishment of a fine or notifies a summary order, and within the term of punishment if a court pronounces a sentence of imprisonment with labor or any heavier punishment, respectively: Provided, That such order to attend a course or order to complete a program may not be imposed concurrently on any sex offender subject to an order to attend a course or order to complete a program under Article 21 of the Act on Protection of Children and Juveniles from Sexual Abuse. <Amended by Act No. 14412, Dec. 20, 2016>
(6) If an order to attend a course or an order to complete a program under paragraph (2) is imposed concurrently with a fine or a stay of execution of sentence, it shall be executed by the director of a probation office and, if imposed concurrently with imprisonment or heavier punishment, by the head of a correctional facility: Provided, That when a sex offender is released or released on parol from prison before completing the entire program required under an order to complete a program that is imposed concurrently with imprisonment or heavier punishment, or is exempted from the execution of such punishment as a result of counting the number of days of detention pending judgment, the remaining portion of such program shall be executed by the director of a probation office.
(7) An order to attend a course or an order to complete a program under paragraph (2) shall include the following:
1. Diagnosis of and consultation on abnormal behavior that is deviant;
2. Education to promote a sound understanding of sex;
3. Other matters necessary to keep sex offenders from committing a second offense.
(8) Any sex offender who is released on parole during the execution of the relevant sentence shall be subject to probation during the parole: Provided, That the same shall not apply when the administrative agency that has granted the parole deems it unnecessary to place him/her under probation.
(9) With respect to matters other than those prescribed by this Act, concerning probation, community services, orders to attend courses, and orders to complete programs, the Act on Probation, etc. shall apply mutatis mutandis.
 Article 17 (Investigations before Ruling)
(1) If deemed necessary to impose on an accused sex offender a term of probation, community service, an order to attend a course, or an order to complete a program under Article 16, a court may require the director of the probation office having jurisdiction over the seat of the court or the place of residence of the accused to investigate the accused's physical and mental traits and state, psychosexual development, childhood and family background, occupation, living conditions, associates, motive for the crime, medical history, relationship with the victim, danger of repetition of the crime, and other relevant matters.
(2) The director of a probation office who has been requested to carry out an investigation under paragraph (1) shall promptly carry out the investigation and give written notice of the results to the competent court. In such cases, if deemed necessary, the director may summon and interrogate the accused or other relevant persons or direct a probation officer under his/her control to investigate necessary matters.
(3) The court may require the director of a probation office who has been requested to carry out an investigation under paragraph (1) to report the progress of the investigation.
 Article 18 (Exception to Limitation of Complaints)
With respect to any sexual crime, a complaint may be lodged against one's own or spouse's lineal ascendant, notwithstanding Article 224 of the Criminal Procedure Act and Article 266 of the Military Court Act. <Amended by Act No. 11729, Apr. 5, 2013>
 Article 19 Deleted. <by Act No. 11729, Apr. 5, 2013>
 Article 20 (Special Cases concerning Provisions of the Criminal Act concerning Reduction of Sentence)
If a sexual crime (excluding a crime as defined in Article 2 (1) 1) is committed in the state of mental disorder induced by drinking or use of medication, it may be excluded from the application of Articles 10 (1) and (2) and 11 of the Criminal Act.
 Article 21 (Special Cases concerning Prescription of Public Prosecution)
(1) The prescription of public prosecution against a sexual crime committed on a minor shall commence from the date the minor who has suffered the sexual crime reaches his/her majority, notwithstanding Article 252 (1) of the Criminal Procedure Act and Article 294 (1) of the Military Court Act. <Amended by Act No. 11729, Apr. 5, 2013>
(2) The prescription of public prosecution against any crime under subparagraphs 3 and 4 of Article 2 and Articles 3 through 9 shall be extended by ten years if any scientific evidence of such crime, such as DNA, exists.
(3) If any crime listed below is committed on a minor under the age of 13 or a person with a physical or mental disability, the prescription of public prosecution set forth in Articles 249 through 253 of the Criminal Procedure Act and Articles 291 through 295 of the Military Court Act shall not apply, notwithstanding paragraphs (1) and (2):
2. A crime falling under Article 6 (2), 7 (2), 8, or 9 of this Act;
3. A crime falling under Article 9 or 10 of the Act on the Protection of Children and Juveniles from Sexual Abuse.
(4) If any crime listed below is committed, the prescription of public prosecution set forth in Articles 249 through 253 of the Criminal Procedure Act and Articles 291 through 295 of the Military Court Act shall not apply, notwithstanding paragraphs (1) and (2): <Amended by Act No. 11729, Apr. 5, 2013>
1. A crime falling under Article 301-2 of the Criminal Act (limited to murder after rape, etc.);
2. A crime falling under Article 9 (1) of this Act;
3. A crime falling under Article 10 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse;
4. A crime falling under Article 92-8 of the Military Criminal Act (limited to murder after rape, etc.).
 Article 22 (Application Mutatis Mutandis of the Act on Special Cases concerning the Punishment of Specific Violent Crimes)
Articles 7, 8, 9, 12, and 13 of the Act on Special Cases concerning the Punishment of Specific Violent Crimes shall apply mutatis mutandis to the procedures for punishment of sexual crimes.
 Article 23 (Measures to Protect Victims, Informants, etc.)
Where a court or an investigative agency examines or investigates a victim of a sexual crime or a person who has reported (including a complaint or accusation) a sexual crime, as a witness, Articles 5 and 7 through 13 of the Act on Protection of Specific Crime Informants, etc. shall apply mutatis mutandis. In such cases, the said Articles shall apply regardless of the likelihood of retaliation except in cases of falling under Articles 9 and 13 of the Act on Protection of Specific Crime Informants, etc.
 Article 24 (Prohibition against Divulgence of Victims' Identity and Privacy)
(1) No public official in charge of or participating in an investigation into or judgment on a sexual crime, nor any person who has served as such public official, shall disclose or divulge to any third party the victim's name, address, age, occupation, alma mater, appearance, and other personal information by which it is possible to ascertain the victim's identity, photograph, and privacy.
(2) No one shall publish in any newspaper or other printed paper, or disclose to the public by means of any broadcasting defined in subparagraph 1 of Article 2 of the Broadcasting Act or any information and communications network, the victim's name, address, age, occupation, alma mater, appearance, or other personal information by which it is possible to ascertain the victim's identity, or photograph under paragraph (1), without the victim's consent.
 Article 25 (Disclosure of Suspect' Face, etc.)
(1) If a public prosecutor or a judicial police officer has sufficient grounds to believe that the suspect of a sexual crime has committed such crime and deems it necessary solely for the public interest, such as guaranteeing citizens' right to know, preventing the suspect from repeating such crime, and preventing similar crimes, he/she may disclose the name, face, age and other personal details of the suspect: Provided, That this shall not apply where the suspect is a juvenile as defined in subparagraph 1 of Article 2 of the Juvenile Protection Act.
(2) Disclosure under paragraph (1) shall be determined after careful consideration of the suspect's human rights, which shall not be abused.
 Article 26 (Exclusive Investigation with Respect to Victims of Sexual Crimes)
(1) The Prosecutor General of the Public Prosecutors' Office shall have the chief public prosecutor of each district public prosecutors' office designate public prosecutors in exclusive charge of sexual crimes to investigate the victims of such crimes except in exceptional circumstances.
(2) The Commissioner General of the National Police Agency shall have the chief of each police station designate judicial police officers in exclusive charge of sexual crimes to investigate the victims of such crimes except in exceptional circumstances.
(3) The State shall provide education on professional knowledge necessary to investigate sexual crimes, investigative methods and procedures for the protection of victims, etc. with respect to public prosecutors and judicial police officers referred to in paragraphs (1) and (2).
 Article 27 (Special Cases concerning Appointment of Counsel for Victims of Sexual Crimes)
(1) The victim of a sexual crime and his/her legal representative (hereinafter referred to as "victim, etc.") may appoint counsel to defend them against any damage that they may suffer in criminal proceedings and to provide them with legal assistance.
(2) The counsel referred to in paragraph (1) may participate in the investigation of the victim, etc. by a public prosecutor or a judicial police officer to state his/her views: Provided, That when the investigation is under way, the counsel may state his/her views subject to approval by the public prosecutor or judicial police officer.
(3) The counsel referred to in paragraph (1) may appear before the court to state his/her views at any stage of the examination of the suspect before detention, procedures for preserving evidence, preparatory hearing date, and trial proceedings. In such cases, detailed matters regarding necessary procedures shall be prescribed by the Supreme Court Regulations.
(4) The counsel referred to in paragraph (1) may inspect or copy any related document or evidence for his/her case in which evidence is preserved or which is pending in the court.
(5) The counsel referred to in paragraph (1) shall have the comprehensive power to act on behalf of the victim, etc. in all procedural acts for which representation is permissible in criminal proceedings.
(6) If the victim retains no counsel, the public prosecutor may appoint a public defender to protect the victim's rights and interests in criminal proceedings.
 Article 28 (Trial Divisions in Exclusive Charge of Sexual Crimes)
The president of a district court or of a higher court shall designate a trial division in exclusive charge of sexual crimes to render judgment on such crimes except in exceptional circumstances.
 Article 29 (Matters to be Considered during Investigation and Court Proceedings)
(1) An investigative agency, a court, and other persons involved in litigation shall endeavor not to damage the character or honor of the victim of a sexual crime or infringe on the privacy of such victim in the course of his/her investigation, hearing, and trial by giving careful consideration to the age, mental state, aftermath of the injury, etc. of the victim.
(2) An investigative agency and a court shall, in investigating, hearing, or trying the victim of a sexual crime, prepare an environment in which the victim may make a statement in a relaxed state, and the frequency of the investigations, hearings, and trials shall be limited to the minimum necessary.
 Article 30 (Taking, Keeping, etc. of Videos)
(1) Where the victim of a sexual crime is under the age of 19 or lacks the ability to discern things or make decisions due to any physical or mental disability, the statements made by the victim and the process of the investigation shall be recorded and kept by using a video recording device, such as a videotape recorder.
(2) No video recording under paragraph (1) shall be made when the victim or his/her legal representative expresses an intent to exclude such recording: Provided, That this shall not apply where the offender is a person with parental authority over the victim.
(3) Video recording under paragraph (1) shall include both the entire process from the beginning to the end of the investigation and the objective circumstances; and, once the video recording is complete, the original recording medium shall be sealed without delay in the presence of the victim or his/her counsel, and the victim shall be required to write his/her name and affix his/her seal or signature thereto.
(4) A public prosecutor or a judicial police officer shall enter the time on which the victim arrives at the place of video recording under paragraph (1), the time on which the video recording begins and ends, and other details necessary to confirm the developments of the recording process in the investigation record or a separate document, and incorporate the record or document into the investigation files.
(5) Upon request by a victim or his/her legal representative, a public prosecutor or a judicial police officer shall issue the requesting person a copy of an investigation record prepared in the process of the video recording or replay the video recording for his/her viewing.
(6) The statements made by a victim in a video recording made under paragraph (1) may be admitted as evidence only when they are duly authenticated by a statement of the victim himself/herself, a person in a relationship of trust with the victim who was present in the investigative process, or an intermediary on a preparatory hearing date or a hearing date.
(7) No one shall be allowed to use any video recording made under paragraph (1) for purposes other than investigation or trial.
 Article 31 (Non-Disclosure of Trial)
(1) A court may decide not to disclose a trial on a sexual crime to the public to protect the privacy of the victim.
(2) The victim of a sexual crime or his/her family member, who is summoned as a witness, may request that the witness examination should not be disclosed to the public, on the ground of protection, etc. of his/her own privacy.
(3) Upon receipt of a request under paragraph (2), the presiding judge may decide the methods and place for the witness examination, including whether to accept the request, whether to disclose the witness examination to the public, and whether to conduct the witness examination at a place other than the court.
(4) Article 57 (2) and (3) of the Court Organization Act and Article 67 (2) and (3) of the Military Court Act shall apply mutatis mutandis to cases falling under paragraphs (1) and (3). <Amended by Act No. 11729, Apr. 5, 2013>
 Article 32 (Establishment, Operation, etc. of Witness Assistance Facilities)
(1) Each level of court shall have appropriate facilities for protecting and assisting victims, etc. so as to keep any victim, etc. appearing in court as a witness from encountering the accused or his/her family before or after trial.
(2) Each level of court shall have employees who will take charge of the management and operation of the facilities mentioned in paragraph (1) and the protection of and provision of assistance to victims, etc. (hereinafter referred to as "witness assistance officers").
(3) Each court shall provide, on a regular basis, education necessary to raise the level of witness assistance officers' sensitivity to human rights.
(4) Matters necessary for the duties, qualifications, education, etc. of witness assistance officers shall be prescribed by the Supreme Court Regulations.
 Article 33 (Seeking Professional Opinions)
(1) A court may seek opinions from a psychiatrist, psychologist, social welfare scholar, and other related professionals about the mental and psychological state of any offender or victim, the outcome of their diagnosis, and the details stated by the victim.
(2) In investigating and trying a sexual crime case, a court shall take into account the professional opinions obtained pursuant to paragraph (1).
(3) A court shall select the professionals referred to in paragraph (1) from among those designated as candidates by the Minister of the National Court Administration.
(4) Paragraphs (1) through (3) shall apply mutatis mutandis where an investigative agency investigates any sexual crime: Provided, That when a victim is under the age of 13 or lacks the ability to discern things or make decisions due to any physical or mental disability, the investigative agency shall seek opinions from related professionals about the mental and psychological state of the victim, the outcome of their diagnosis, and the details stated by the victim.
(5) Where paragraphs (1) through (3) apply mutatis mutandis in accordance with paragraph (4), the "Minister of the National Court Administration" shall be construed as the "Prosecutor General of the Public Prosecutors' Office or the Commissioner General of the National Police Agency."
 Article 34 (Appearance of Persons in Relationship of Trust)
(1) Where a court examines the victim of a crime provided for in any of Articles 3 through 8, 10, and 15 (excluding an attempt to commit a crime under Article 9), as a witness, it shall, upon request by the public prosecutor or the victim or his/her legal representative, allow the appearance of a person in a relationship of trust with the victim, except where his/her appearance may pose difficulties to the trial or otherwise there exist any unavoidable circumstances.
(2) Paragraph (1) shall apply mutatis mutandis where an investigative agency investigates such a victim as referred to in the same paragraph.
(3) In cases falling under paragraphs (1) and (2), neither the court nor the investigative agency shall allow the appearance of a person in a relationship of trust with the victim if it is unfavorable to the victim or is not desired by the victim.
 Article 35 (Training, etc. of Intermediaries)
(1) The Minister of Justice shall train intermediaries to assist victims of sexual crimes having difficulty in understanding and communication in criminal judicial proceedings.
(2) An intermediary shall be a person who completes a course of education determined by the Minister of Justice among those who have expertise in a field related to the psychology of or communication with children and persons with disabilities, such as psychiatry, psychology, the science of social welfare, or education, or who have served in such field for a considerable period. Matters necessary for the qualifications, training, etc. of intermediaries shall be prescribed by Ordinance of the Ministry of Justice.
(3) The Minister of Justice shall make a list of intermediaries trained pursuant to paragraph (1).
 Article 36 (Participation of Intermediaries in Investigative Processes)
(1) If the victim of a sexual crime is a child under the age of 13 or has difficulty in understanding or communication due to any physical or mental disability, a public prosecutor or a judicial police officer may, ex officio or upon request by the victim or his/her legal representative or counsel, allow an intermediary to mediate or assist in communication by participating in the investigative process to facilitate the investigation: Provided, That the same shall not apply where the victim or his/her legal representative expresses his/her intention to refuse the intermediary's participation.
(2) A public prosecutor or a judicial police officer shall, prior to investigation into a victim under paragraph (1), notify the victim or his/her legal representative or counsel that he/she can request mediation or assistance to communicate through an intermediary.
(3) An intermediary may, prior to the commencement of an investigation, have an interview with the victim and provide the investigative agency with his/her opinion about the necessity of his/her assistance.
(4) The intermediary who has participated in the investigative process under paragraph (1) may provide the investigative agency or court with his/her opinion about the victim's ability to understand or communicate, traits, etc.
(5) Paragraphs (1) through (4) shall apply mutatis mutandis to the inspection of evidence.
(6) Procedures, methods, and other necessary matters relating to the participation of intermediaries in the investigative process shall be prescribed by Ordinance of the Ministry of Justice.
 Article 37 (Participation of Intermediaries in Proceedings)
(1) If the victim of a sexual crime is a child under the age of 13 or has difficulty in understanding or communicating due to any physical or mental disability, the court may, ex officio or upon request by the public prosecutor or the victim or his/her legal representative or counsel, decide to allow an intermediary to mediate or assist in communication by participating in the examination of the witness to facilitate the examination.
(2) If a witness is subject to the application of paragraph (1), the court shall, prior to his/her examination, notify the victim and his/her legal representative and counsel that they can request mediation or assistance to communicate through an intermediary.
(3) Detailed procedures and methods relating to the participation of intermediaries in proceedings shall be prescribed by the Supreme Court Regulations.
 Article 38 (Intermediaries' Duties)
(1) Each intermediary shall endeavor to maintain a neutral position in investigative processes and trial proceedings to ensure that statements are mutually communicated to each other without distortion.
(2) No intermediary shall disclose or divulge to any third person a victim's name, address, age, occupation, alma mater, appearance, and other personal information by which it is possible to ascertain the victim's identity, photograph, and privacy, which he/she has learned in the course of performing his/her duties.
 Article 39 (Legal Fiction as Public Officials in Application of Penalty Provisions)
An intermediary shall be deemed a public official in applying the penalty provisions of Articles 129 through 132 of the Criminal Act.
 Article 40 (Examination of Witnesses by Means of Video Recording and other Relay Devices)
(1) Where a court examines the victim of a crime provided for in any of Article 2 (1) 3 through 5, as a witness, it may do so by means of video recording or other relay devices after hearing opinions from the public prosecutor and the accused or his/her counsel.
(2) Necessary matters regarding the procedures, methods, etc. relating to the examination of witnesses under paragraph (1) shall be prescribed by the Supreme Court Regulations.
 Article 41 (Special Cases concerning Preservation of Evidence)
(1) Where any circumstances exist that make it impractical for a victim to appear and give testimony on a trial date, the victim or his/her legal representative or the police may, by explaining the grounds therefor, ask the public prosecutor who investigates the relevant sexual crime to request the preservation of evidence under Article 184 (1) of the Criminal Procedure Act in regard to a video recording made under Article 30 or other proofs. In such cases, if the victim is under the age of 16 or lacks the ability to discern things or make decisions due to any physical or mental disability, he/she shall be deemed to be under circumstances that make it impractical for him/her to appear and give testimony on the trial date.
(2) The public prosecutor who has received a request under paragraph (1) may request the preservation of evidence if he/she deems that any reasonable reason therefor exists.
CHAPTER III REGISTRATION, ETC. OF PERSONAL INFORMATION
 Article 42 (Persons Subject to Registration of Personal Information)
(1) Any person in whose case a judgment of conviction or a summary order has become final and conclusive for a crime as defined in any of Articles 2 (1) 3 and 4 and (2) (limited to paragraph (1) 3 and 4) and 3 through 15 or a crime as defined in subparagraph 2 (a) and (d) of Article 2 of the Act on Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as "sex crime subject to registration"), or any person to whom a definitive order is issued to disclose information under Article 49 (1) 4 of the said Act, shall be a person subject to registration of personal information (hereinafter referred to as "person subject to registration"): Provided, That this shall exclude any person who is fined for committing a crime as defined in Article 12 or 13, or Article 11 (3) or (5) of the Act on Protection of Children and Juveniles against Sexual Abuse. <Amended by Act No. 14412, Dec. 20, 2016>
(2) Where a court pronounces a judgment of conviction or notifies a summary order on or to a person who has committed a sex crime subject to registration, a court shall notify him/her that he/she is subject to registration and has the duty to submit his/her personal information pursuant to Article 43. <Amended by Act No. 14412, Dec. 20, 2016>
(3) A notification prescribed in paragraph (2) shall be made orally or in writing when a court declares a judgment and by serving a document describing details of the notification when a summary order is notified. <Newly Inserted by Act No. 14412, Dec. 20, 2016>
(4) A court shall serve the Minister of Justice with a certified copy of a written judgment (in cases a court determines a period of registration differently under Article 45 (4), including such fact) or summary order within 14 days from the date on which the judgment or the summary order prescribed in paragraph (1) becomes final and conclusive. <Amended by Act No. 14412, Dec. 20, 2016>
[This Article, which was found unconstitutional by the Constitutional Court on March 31, 2016, was amended in accordance with Act No. 14412, Dec. 20, 2016]
 Article 43 (Duty to Submit Personal Information)
(1) Any person subject to registration shall submit his/her personal information listed in the following subparagraphs (hereinafter referred to as “basic personal information”) to the head of the police office who has jurisdiction over his/her place of domicile (hereinafter referred to as "head of the competent police office") within 30 days from the date on which the judgment of Article 42 (1) becomes final and conclusive: Provided, That when the person subject to registration is placed in a correctional facility or a medical treatment and custody facility, he/she may submit his/her basic personal information to the head of the correctional facility or the head of the medical treatment and custody facility (hereinafter referred to as "head of the correctional facility, etc.") in lieu of the head of the competent police office: <Amended by Act No. 12889, Dec. 30, 2014; Act No. 14412, Dec. 20, 2016>
1. Name;
2. Resident registration number;
3. Address and the actual place of residence;
4. Occupation and the place of work, etc.;
5. Contact information (referring to a telephone number and an e-mail address)
6. Information on physical build (height and weight);
7. Registration number of his/her vehicle.
(2) When a person subject to registration submits his/her basic personal information pursuant to paragraph (1), the head of the competent police office or the head of the relevant correctional facility, etc. shall take color bust photographs showing the front, left and right sides of and a full-length color photograph of the person subject to registration and keep and preserve records thereof in electronic form. <Amended by Act No. 14412, Dec. 20, 2016>
(3) If a change is made to the basic personal information of a person subject to registration submitted pursuant to paragraph (1), he/she shall submit the cause and details of such change (hereinafter referred to as "information changed"), as prescribed in paragraph (1), within 20 days from the date on which the cause accrues. <Amended by Act No. 14412, Dec. 20, 2016>
(4) Where a person subject to registration submits his/her basic personal information under paragraph (1), he/she shall appear at the police office that has jurisdiction over his/her place of domicile by December 31 of each year, starting from the year following the year of submitting his/her basic personal information, and allow the head of the police office to take color bust photographs showing the front, left and right sides of and a full-length color photograph of his/her own body and to keep and preserve records thereof in electronic form: Provided, That when the person subject to registration is placed in a correctional facility, etc., the head of the correctional facility, etc. shall newly take color bust photographs showing the front, left and right sides of and a full-length color photograph of the person subject to registration and keep and preserve records thereof in electronic form, before he/she is released from the correctional facility, etc. or completes the medical treatment and custody. <Amended by Act No. 14412, Dec. 20, 2016>
(5) The head of the competent police office or the head of the relevant correctional facility, etc. shall promptly serve the Minister of Justice with the basic personal information and the information changed by a person subject to registration and the records kept and preserved in electronic form pursuant to paragraphs (2) and (4). <Amended by Act No. 14412, Dec. 20, 2016>
(6) Where the head of the competent police office serves the basic personal information of a person subject to registration pursuant to paragraph (5), he/she shall do so with the person's criminal record materials set forth in subparagraph 5 of Article 2 of the Act on the Lapse of Criminal Sentences. <Amended by Act No. 14412, Dec. 20, 2016>
(7) Procedures and methods for the service and registration of the basic personal information and the information changed, and other necessary matters, shall be prescribed by Presidential Decree. <Amended by Act No. 14412, Dec. 20, 2016>
 Article 43-2 (Duty to Report at Time of Entry into and Departure from Country, Etc.)
(1) Where a person subject to registration leaves the Republic of Korea to stay in a foreign country for at least six months, he/she shall report to the head of the competent police office of the foreign country where he/she will stay, the length of stay, and so forth in advance.
(2) Where a person subject to registration who has reported pursuant to paragraph (1) enters the Republic of Korea, except in extenuating circumstances, he/she shall report his/her entry into the country to the head of the competent police office within 14 days. The same shall apply to a person subject to registration who enters the country after leaving it without making a report prescribed in paragraph (1) and staying in a foreign country for at least six months.
(3) The head of the competent police office, in receipt of a report provided for in paragraphs (1) and (2), shall serve the relevant information to the Minister of Justice without delay.
(4) Matters necessary for the procedures, methods, etc. regarding a report prescribed in paragraphs (1) and (2) and service provided for in paragraph (3), and other relevant matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14412, Dec. 20, 2016]
 Article 44 (Registration, etc. of Personal Information on Persons Subject to Registration)
(1) The Minister of Justice shall register the information served pursuant to Articles 43 (5) and (6) and 43-2 (3) and the following information on persons subject to registration: <Amended by Act No. 14412, Dec. 20, 2016>
1. Information on the personal history of sex crimes subject to registration;
2. Previous convictions for sex crimes (the names and frequency of such crimes);
3. Whether they are subject to electronic monitoring under the Act on the Probation, Electronic Monitoring, etc. of Specific Criminal Offenders.
(2) The Minister of Justice shall make the information registered by a person subject to registration pursuant to paragraph (1) available on the information and communications network: Provided, That he/she shall notify the person subject to registration of the registered information if he/she applies therefor. <Amended by Act No. 14412, Dec. 20, 2016>
(3) The Minister of Justice may apply to the head of the relevant administrative agency for the information necessary for registration under paragraph (1) (including references to the criminal records set forth in subparagraph 8 of Article 2 of the Act on the Lapse of Criminal Sentences).
(4) If a person subject to registration fails to submit his/her basic personal information or any changed information without a justifiable ground, the Minister of Justice may apply to the head of the relevant administrative agency for his/her personal information necessary for registration and then register the information so obtained. In such cases, the Minister of Justice shall notify the person subject to registration of the fact that his/her personal information has been registered and details of the registered personal information, specifying the date of registration. <Amended by Act No. 14412, Dec. 20, 2016>
(5) The head of the relevant administrative agency, in receipt of an application under paragraphs (3) and (4), shall promptly send the required information to the Minister of Justice.
(6) Where the Minister of Justice has registered basic personal information pursuant to the former part of paragraph (4), with respect to the submission of any changed information by a person subject to registration and taking a photo of him/her, Article 43 (3) and (4) shall apply mutatis mutandis. <Newly Inserted by Act No. 14412, Dec. 20, 2016>
(7) Matters necessary for the inspection of information registered under the former part of paragraph (1) or (4) (hereinafter referred to as “registered information”), the application for notification, the methods of and procedures for notification, and other related matters shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 14412, Dec. 20, 2016>
 Article 45 (Management of Registered Information)
(1) The Minister of Justice shall retain and manage any registered information during a period according to the following classifications (hereinafter referred to as “period of registration”) starting from the date on which basic personal information is initially registered (hereinafter referred to a “date of initial registration”) in accordance with Article 44 (1) or (4): Provided, That when a court has determined a period of registration in accordance with paragraph (4), the registered information shall be retained and managed during such period:
1. A person sentenced to capital punishment, imprisonment with labor for an indefinite term, imprisonment without labor for an indefinite term, or imprisonment with or without labor for more than ten years for a sex crime which causes the registration of personal information: 30 years;
2. A person sentenced to imprisonment with or without labor for more than three years but not more than ten years for a sex crime which causes the registration of personal information: 20 years;
3. A person sentenced to imprisonment with or without labor for not more than three years for a sex crime which causes the registration of personal information or a person for whom an order to disclose information has become final and conclusive under Article 49 (1) 4 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
4. A person subject to a fine for a sex crime which causes the registration of personal information: ten years.
(2) Where a sex crime which causes the registration of personal information and other crimes are deemed concurrent under Article 37 (limited to cases where several crimes for which judgment has not become final are regarded as concurrent crimes) of the Criminal Act, and sentences are pronounced accordingly under Article 38 of the Criminal Act, all of such sentences shall be deemed to have been pronounced for a sex crime which causes the registration of personal information.
(3) The following shall apply to calculation of terms of sentences necessary to determine a period of registration set forth in paragraph (1). The same shall apply for paragraph (2):
1. Where multiple types of sentences are pronounced in a single judgement for a sex crime which causes the registration of personal information, the term of the sentence of the most severe type shall apply;
2. Where multiple sentences of imprisonment with or without labor are pronounced for a sex crime which causes the registration of personal information in a single judgement, the terms of the respective sentences shall be aggregated. In such cases, imprisonment with labor and imprisonment without labor shall be deemed sentences of the same type;
3. Where an indeterminate sentence is pronounced pursuant to Article 60 of the Juvenile Act, a short-term sentence shall apply.
(4) Where it is deemed unfair to determine a period of registration pursuant to the subparagraphs of paragraph (1) due to the application of paragraph (2) (including cases where paragraph (3) is concurrently applied), a court may determine the shortest period among the periods according to the subparagraphs of paragraph (1) as a period of registration by its judgement.
(5) The following periods shall not be included in calculating a period of registration prescribed in paragraph (1):
1. A period during which a person subject to registration has been placed in a correctional facility or a medical treatment and custody facility for a sex crime which causes the registration of personal information;
2. A period during which a person subject to registration has been placed in a correctional facility or a medical treatment and custody facility for another crime prior to and consecutively with the period referred to in subparagraph 1;
3. A period during which a person subject to registration has been placed in a correctional facility or a medical treatment and custody facility for another crime following and consecutively with the period referred to in subparagraph 1.
(6) Where a person subject to registration is placed in a correctional facility or a medical treatment and custody facility at the time of registration prescribed in Article 44 (1), the Minister of Justice shall provide his/her registered information to the head of the competent police office without delay upon his/her release from such facility.
(7) The head of the competent police office shall verify the genuineness, and any change of, the registered information of a person subject to registration periodically as follows during a period of registration by means of in-person meeting, etc., and send the results thereof to the Minister of Justice:
1. A person subject to registration in whose case a period of registration prescribed in paragraph (1) is 30 years: three months;
2. A person subject to registration in whose case a period of registration prescribed in paragraph (1) is 20 or 15 years: six months;
3. A person subject to registration in whose case a period of registration prescribed in paragraph (1) is ten years: one year.
(8) Notwithstanding paragraph (7) 2 and 3, the head of the competent police office shall send the results of verification referred to in paragraph (7) to the Minister of Justice every three months during the periods according to the following classifications:
1. A person subject to disclosure of information provided for in Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse: The period of disclosure;
2. A person subject to notification of information provided for in Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse: The period of notification.
[This Article Wholly Amended by Act No. 14412, Dec. 20, 2016]
[This Article, which was found incompatible with the Constitution by the Constitutional Court on July 30, 2015, was amended in accordance with Act No. 14412, Dec. 20, 2016]
 Article 45-2 (Exemption from Registering Personal Information)
(1) Where a person who has received a suspended sentence for a sex crime which causes the registration of personal information is deemed acquitted since two years has elapsed from the date of receiving the suspended sentence, such person shall be exempted from registering personal information.
(2) A person subject to registration may apply for exemption from registering his/her personal information to the Minister of Justice by submitting a written application prescribed by Ordinance of the Ministry of Justice, attached with his/her criminal history records, after the expiration of any of the following periods (excluding the period during which he/she has been placed in a correctional facility or a medical treatment and custody facility):
1. A person subject to registration in whose case a period of registration prescribed in Article 45 (1) is 30 years: 20 years from the date of initial registration;
2. A person subject to registration in whose case a period of registration prescribed in Article 45 (1) is 20 years: 15 years from the date of initial registration;
3. A person subject to registration in whose case a period of registration prescribed in Article 45 (1) is 15 years: ten years from the date of initial registration;
4. A person subject to registration in whose case a period of registration prescribed in Article 45 (1) is ten years: seven years from the date of initial registration.
(3) Where a person subject to registration, who has applied for exemption from registration under paragraph (2), meets all of the following requirements, the Minister of Justice shall exempt him/her from registering his/her personal information:
1. The person shall have not been finally convicted of a sex crime subject to registration during a period of registration;
2. The execution of a sentence of imprisonment with or without labor pronounced for a sex crime which causes the registration of personal information shall have been completed or a fine shall have been paid in full;
3. The execution of the following orders imposed for a sex crime which causes the registration of personal information shall have been completed:
(a) An order to disclose information or an order to notify information provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse;
(b) An order to attach an electronic device provided for in the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders;
(c) A medical treatment order prescribed in the Act on Pharmacologic Treatment of Sex Offenders' Sexual Impulses.
4. The execution of an order of probation, order of community services, order to attend courses, or order to complete programs according to the following, which has been imposed for a sex crime which causes the registration of personal information, shall have been completed:
(a) Article 16 (1), (2), (4), and (8);
(d) Article 21-3 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders;
5. The person shall have not been finally convicted of any of the following crimes during a period of registration:
(a) Crimes falling under Article 50 (3) or (5);
(c) Crimes falling under Article 38 or 39 (limited to persons subject to an order to attach an electronic tracking device for committing a sex crime) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders;
(d) Crimes falling under Article 35 of the Act on Pharmacologic Treatment of Sex Offenders' Sexual Impulses.
(4) In order to verify whether the requirements prescribed in the subparagraphs of paragraph (3) are satisfied, the Minister of Justice may request cooperation from the heads of administrative agencies concerned or submission of necessary materials by a person subject to registration.
[This Article Newly Inserted by Act No. 14412, Dec. 20, 2016]
 Article 45-3 (Termination of Registration of Personal Information)
(1)  The registration of personal information shall be terminated in cases of falling under any of the following:
1. When a period of registration prescribed in Article 45 (1) is expired;
2. When registration is exempted pursuant to Article 45-2.
(2)  The Minister of Justice shall immediately discard personal information of which registration is terminated pursuant to paragraph (1).
(3) Where the Minister of Justice discards registered information pursuant to paragraph (2), he/she shall ensure that a person subject to registration can confirm the fact that his/her personal information has been discarded using the information and communications network: Provided, That the Minister of Justice shall notify the person subject to registration of such fact if he/she applies therefor.
(4)  Matters necessary for verifying whether registered information has been discarded under paragraph (3), applying for notification, the methods of and procedures for notification, and other matters shall be determined by Presidential Decree.
[This Article Newly Inserted by Act No. 14412, Dec. 20, 2016]
 Article 46 (Utilization, etc. of Registered Information)
(1) The Minister of Justice may distribute registered information to public prosecutors or the heads of various levels of police offices to utilize it in preventing and investigating crimes associated with the sex crimes subject to registration.
(2) Matters regarding the procedures for distribution, management, etc. of registered information under paragraph (1) shall be prescribed by Presidential Decree.
 Article 47 (Disclosure of Registered Information)
(1) The disclosure of registered information shall be governed by Articles 49, 50, 52, 54, 55, and 65 of the Act on Protection of Children and Juveniles from Sexual Abuse.
(2) The disclosure of registered information shall be made by the Minister of Gender Equality and Family.
(3) The Minister of Justice shall send information necessary for disclosing registered information to the Minister of Gender Equality and Family.
(4) Matters necessary for sending information under paragraph (3) shall be prescribed by Presidential Decree.
 Article 48 (Maintenance of Confidentiality)
Any person who is or was engaged in the affairs of registration, preservation, and management of personal information on persons subject to registration shall be prohibited from divulging any registered information learned in the course of performing his/her duties.
 Article 49 (Notification of Registered Information)
(1) The notification of registered information shall be governed by Articles 50 and 51 of the Act on Protection of Children and Juveniles from Sexual Abuse.
(2) The notification of registered information shall be made by the Minister of Gender Equality and Family.
(3) The Minister of Justice shall send information necessary to notify registered information to the Minister of Gender Equality and Family.
(4) Detailed matters regarding the sending of information under paragraph (3) shall be prescribed by Presidential Decree.
 Article 49-2 (Constructive Provisions)
(1) In applying any of Articles 25 (1), 27 (2) and (6), 29, 30 (4) and (5), 33 (1) through (4), 34, 40 (1), 41, and 42 (2) and (4) to any person falling under Article 2 (1) of the Military Court Act (hereafter referred to as “military personnel, etc.” in this Article), “court” shall be construed as “military court”, “investigative agency” as “military investigative institution”, “public prosecutor” as “military prosecutor”, “judicial police officer” as “military judicial police officer”, and “public defender” as “officer admitted to the bar.” <Amended by Act No. 14412, Dec. 20, 2016>
(2) In applying Article 41 (1) to any military personnel, etc., “police officer” shall be construed as “military judicial police officer.”
(3) In applying Article 33 (3) (including cases where it is applied mutatis mutandis under paragraph (4) of the same Article) to any military personnel, etc., “Minister of the National Court Administration” shall be construed as “Minister of National Defense.”
[This Article Newly Inserted by Act No. 11729, Apr. 5, 2013]
CHAPTER IV PENALTY PROVISIONS
 Article 50 (Penalty Provisions)
(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding fifty million won:
1. A person who divulges any registered information learned in the course of performing his/her duties, in violation of Article 48;
2. A person who alters or deletes any registered information without due authority.
(2) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won:
1. A person who violates the duty not to divulge confidential information on the identity and privacy of a victim under Article 24 (1) or 38 (2);
2. A person who discloses the personal details, photographs, etc. of a victim, in violation of Article 24 (2).
(3) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won: <Amended by Act No. 14412, Dec. 20, 2016>
1. A person who fails to submit basic personal information without a justifiable ground or submits any false information, in violation of Article 43 (1), or a person who refuses to be photographed by the head of the competent police office or the head of the relevant correctional facility without a justifiable ground, in violation of paragraph (2) of the same Article;
2. A person who fails to submit any changed information or submits any false information on change without a justifiable ground, in violation of Article 43 (3) (including cases applied mutatis mutandis under Article 44 (6));
3. A person who fails to be present at the competent police office or refuses to be photographed without a justifiable ground, in violation of Article 43 (4) (including cases applied mutatis mutandis under Article 44 (6)).
(4) No crime falling under paragraph (2) 2 shall be prosecuted against an express objection of the victim.
(5) If a person subject to an order to complete a program under Article 16 (2) receives a warning under the Act on Probation, etc. or the Administration and Treatment of Correctional Institution Inmates Act for not complying with the instruction of the director of a probation office or the head of a correctional facility concerning the implementation of the order to complete a program, but again fails to follow such instruction without a justifiable ground, any of the following subparagraphs shall apply: <Amended by Act No. 14412, Dec. 20, 2016>
1. If such order is imposed concurrently with a fine, he/she shall be punished by a fine not exceeding five million won;
2. If such order is imposed concurrently with imprisonment or heavier punishment, he/she shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won.
 Article 51 (Joint Penalty Provisions)
If the representative of a legal entity, or an agent, servant, or other employee of a legal entity or individual, commits an offense prescribed in Article 13 or 43 in relation to the business of the legal entity or individual, not only shall such offender be punished, but also the legal entity or individual, shall be punished by a fine prescribed in the relevant provisions: Provided, That this shall not apply where the legal entity or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
 Article 52 (Administrative Fines)
(1) A person who fails to report or makes a false report without a justifiable ground, in violation of Article 43-2 (1) or (2), shall be subject to an administrative fine not exceeding three million won.
(2) An administrative fine referred to in paragraph (1) shall be imposed and collected by the head of the competent police office as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14412, Dec. 20, 2016]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 36 through 39 shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Special Cases concerning Provisions of the Criminal Act concerning Reduction of Sentence)
The amended provisions of Article 20 shall apply to any person who commits a sexual crime on or after the date this Act enters into force.
Article 3 (Applicability to Prescription of Public Prosecution in Progress)
The amended provisions of Article 21 shall also apply to any sexual crime committed before this Act enters into force, against which the prescription of public prosecution has yet to be completed.
Article 4 (Applicability to Registration, Disclosure, etc. of Personal Information on Those who Commit Indecent Acts in Crowded Public Places, etc.)
(1) With respect to any person finally declared guilty of a crime as defined in the amended provisions of Articles 11 through 15 (limited to an attempt to commit a crime under Article 14) after this Act enters into force, the amended provisions of Articles 42 through 50 shall apply.
(2) The amended provisions of Articles 42 through 50 shall also apply to any person who becomes subject to registration pursuant to the former Act on Protection of Children and Juveniles from Sexual Abuse (referring to the amended provisions of the Act on the Protection of Juveniles from Sexual Abuse wholly amended by Act No. 9765 and to the Act on Protection of Children and Juveniles from Sexual Abuse partially amended by Act No. 11047; hereinafter the same shall apply).
Article 5 (Applicability to Duty to Submit Personal Information, etc.)
(1) The duty to submit personal information under the amended provisions of Article 43 (1) shall apply to any person who becomes subject to registration on or after the date this Act enters into force.
(2) The amended provisions of Article 43 (3) and (4) shall also apply to any person who has become subject to registration before this Act enters into force (including any person who has become subject to registration pursuant to the former Act on Protection of Children and Juveniles from Sexual Abuse).
Article 6 (Applicability to Period of Preservation and Management for Registered Information)
(1) The amended provisions of Article 45 (1) shall apply to any person who becomes subject to registration on or after the date this Act enters into force.
(2) The method of calculating the period of registration under the amended provisions of Article 45 (2) shall also apply to any person who has become subject to registration before this Act enters into force (including any person who has become subject to registration pursuant to the former Act on Protection of Children and Juveniles from Sexual Abuse).
Article 7 (Special Cases concerning Registration, Disclosure, etc. of Personal Information)
(1) The amended provisions of Articles 42 through 50 shall also apply to any person who is finally declared guilty (excluding being fined) of committing a crime as defined in any of Articles 2 (1) 3 and 4 and (2) (limited to paragraph (1) 3 and 4), 3 through 10, and 15 between April 16, 2008 and April 15, 2011 (hereafter in this Article referred to as "person subject to exceptional application").
(2) A public prosecutor shall request a court having rendered the judgment of first instance upon a person subject to exceptional application to issue an order to disclose information and an order to make notification, within one year after this Act enters into force, and the court shall decide to issue the order to disclose information and the order to make notification pursuant to Articles 49 and 50 of the Act on Protection of Children and Juveniles from Sexual Abuse.
(3) Where a public prosecutor requests an order to disclose information under paragraph (2), he/she shall include in the request personal details (name, date of birth, and address) of the person subject to such disclosure, the basis for such request, etc. In such cases, the form of request and other necessary matters shall be prescribed by Ordinance of the Ministry of Justice.
(4) Where a court issues an order to disclose information or an order to make notification under paragraph (2), it shall inform the person subject to registration that he/she is subject to registration and has the duty to submit his/her personal information under the amended provisions of Article 43.
(5) Where an order to disclose information under paragraph (2) becomes final and conclusive, the person subject to such disclosure shall be subject to registration under the amended provisions of Article 42 (1).
(6) With respect to an appeal or re-appeal lodged by a public prosecutor or by a person subject to an order to disclose information or an order to make notification or his/her legal representative against a decision under paragraph (2), Article 22 (5) through (11) of the Act on Pharmacologic Treatment of Sex Offenders' Sexual Impulses shall apply mutatis mutandis.
(7) A court shall serve the Minister of Justice with a certified copy of judgment, along with a document stating both the definite date of judgment and the matters notified under paragraph (4), within 14 days from the date the judgment under paragraph (2) becomes final and conclusive.
Article 8 (Transitional Measures concerning Quasi-Rape of, or Commission of Quasi-Indecent Acts by Compulsion on, Persons with Disabilities)
Any violation of the former provisions of Article 6 (4) committed before this Act enters into force shall be governed by the former provisions.
Article 9 (Transitional Measures concerning Crimes Subject to Prosecution Only on Complaints from Victims)
Any crime as defined in the former provisions of Articles 10 (1), 11 and 12 committed before this Act enters into force shall be governed by the former provisions of Article 15.
Article 10 Omitted.
ADDENDUM <Act No. 11729, Apr. 5, 2013>
This Act shall enter into force on June 19, 2013.
ADDENDA <Act No. 12889, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Submission of Contact Information)
Any person subject to registration who has submitted his/her personal information pursuant to previous provisions as at the time this Act enters into force shall submit his/her contact information within six months after this Act enters into force.
ADDENDA <Act No. 14412, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 43-2, 44, 45-2, 45-3 and 52 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Extension of Prescription of Public Prosecution and Registration of Personal Information of Persons Who Have Attempted Robbery and Rape)
(1) Article 21 (2) shall also apply to a person who has attempted robbery and rape before this Act enters into force, which constitutes a sexual crime under the amended provisions of Article 2 (1) 4, and in whose case the prescription of a public prosecution has not yet been completed.
(2)  The registration of personal information of a person who has attempted robbery and rape, which constitutes a sexual crime under the amended provisions of Article 2 (1) 4, shall apply starting with a case where such person is finally convicted of an attempted crime of robbery and rape after this Act enters into force.
Article 3 (Applicability to Crimes Subject to Registration of Personal Information)
The amended provisions of Article 42 (1) shall apply starting with a case where a judgement of conviction or a summary order becomes final and conclusive for a sex crime subject to registration after this Act enters into force or a case where an order to disclose information becomes final and conclusive pursuant to Article 49 (1) 4 of the Act on the Protection of Children and Juveniles against Sexual Abuse after this Act enters into force.
Article 4 (Applicability to Frequency of Renewal of Photo Information, Exemption from Registration of Personal Information, etc.)
The amended provisions of Articles 43 (4) (including cases applied mutatis mutandis under Article 44 (6)), 45 (5) and (6), 45-2, and 45-3 shall also apply to a person who is finally convicted of, or receives a summary order for, a sex crime subject to registration before this Act enters into force (it shall be prior to the enforcement date prescribed in the proviso to Article 1 of the Addenda in the case of the amended provisions of Articles 45-2 and 45-3), becoming subject to registration (including a person who becomes subject to registration under the former provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse).
Article 5 (Applicability to Duty to Report at Time of Entry into and Departure from Country)
The amended provisions of Article 43-2 shall apply starting with a case where a person subject to registration at the time of the enforcement date prescribed in the proviso to Article 1 of the Addenda enters or leaves the Republic of Korea on or after the said enforcement date.
Article 6 (Applicability to Periods of Registration)
(1) The amended provisions of Article 45 (1) through 3 shall also apply to a person who is finally convicted of, or receives a summary order for, a sex crime subject to registration before this Act enters into force, becoming subject to registration (including a person who becomes subject to registration under the former provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse): Provided, That the former provisions shall apply if doing so is more favorable to a person subject to registration.
(2) The amended provisions of Article 45 (4) shall also apply to a case on which a trial is underway as at the time this Act enters into force.
ADDENDUM <Act No. 15156, Dec. 12, 2017>
This Act shall enter into force on the date of its promulgation.