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SEXUAL VIOLENCE PREVENTION AND VICTIMS PROTECTION ACT

Act No. 10261, Apr. 15, 2010

Amended by Act No. 10521, Mar. 30, 2011

Act No. 11286, Feb. 1, 2012

Act No. 11573, Dec. 18, 2012

Act No. 11690, Mar. 23, 2013

Act No. 12328, Jan. 21, 2014

Act No. 12698, May 28, 2014

Act No. 13179, Feb. 3, 2015

Act No. 13537, Dec. 1, 2015

Act No. 14063, Mar. 2, 2016

Act No. 14235, May 29, 2016

Act No. 14704, Mar. 21, 2017

Act No. 15205, Dec. 12, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the promotion of human rights by preventing sexual violence and by providing for means to protect and assist victims of sexual violence. <Amended by Act No. 13179, Feb. 3, 2015>
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "sexual violence" means committing any such crime as described in Article 2 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
2. The term "sex offender" means any person who has committed a crime falling under Article 2 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
3. The term "victim of sexual violence" means any person who has suffered direct harm as a result of sexual violence.
 Article 3 (Responsibilities of State, etc.)
(1) The State and local governments shall take the following measures to prevent sexual violence and provide protection and support for victims of sexual violence (hereinafter referred to as "victims"):
1. Building and operation of a system for reporting sexual violence cases;
2. Investigation, research, education, and publicity to prevent sexual violence;
3. Establishment and operation of facilities for the protection and support of victims;
4. Support for the rehabilitation of victims, including residential assistance, occupational training, and legal aid;
5. Building and operation of cooperative systems between related agencies to facilitate the provision of protection and support for victims;
6. Improvement of harmful environment to prevent sexual violence;
7. Improvement of related statutes and the establishment, implementation, and evaluation of various policies to protect and support victims.
(2) The State and local governments shall take necessary budgetary measures to fulfill the responsibilities under paragraph (1).
 Article 4 (Investigation into Actual Conditions of Sexual Violence)
(1) The Minister of Gender Equality and Family shall investigate the status of sexual violence and announce the results of such investigation every three years to ascertain the status of sexual violence and establish policies for the prevention of sexual violence.
(2) Matters necessary for the details, methods, etc. of investigation into the actual conditions of sexual violence under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 5 (Education to Prevent Sexual Violence, etc.)
(1) The head of a State organ or local government, the principal of a kindergarten under Article 7 of the Early Childhood Education Act, the principal of a nursery facility under Article 10 of the Infant Care Act, the principal of a school under Article 2 of the Elementary and Secondary Education Act, and the head of another public institution specified by Presidential Decree shall take necessary measures, including conducting educational programs necessary for sex education and for preventing sexual violence, establishing internal guidelines for protecting victims in the institution and preventing injuries, and formulating and implementing measures for preventing recurrence of violence if an incident occurs; and shall submit a report on the results thereof to the Minister of Gender Equality and Family, as prescribed by Presidential Decree. <Amended by Act No. 11573, Dec. 18, 2012; Act No. 14235, May 29, 2016>
(2) In conducting education programs under paragraph (1), the preventive education against sexual traffic under Article 4 of the Act on the Prevention of Commercial Sex Acts and Protection, etc. of Victims, the preventive education against sexual harassment under Article 31 of the Framework Act on Gender Equality, and the preventive education against domestic violence under Article 4-3 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims may be combined from the perspective of gender equality. <Newly Inserted by Act No. 12328, Jan. 21, 2014; Act No. 12698, May 28, 2014>
(3) Employers, as defined under subparagraph 3 of Article 3 of the Framework Act on Gender Equality, shall endeavor to prevent sexual violence in the workplace by implementing sex education, education for the prevention of sexual violence, and other programs. <Newly Inserted by Act No. 13179, Feb. 3, 2015>
(4) Citizens not included among the persons eligible for the education provided under paragraph (1) may attend educational programs provided by support institutions established for the preventive education against sexual violence pursuant to Article 5-2 for sex education and for the prevention of sexual violence. <Amended by Act No. 11573, Dec. 18, 2012; Act No. 12328, Jan. 21, 2014; Act No. 13179, Feb. 3, 2015>
(5) In order to effectively conduct educational programs under paragraphs (1) and (2), the Minister of Gender Equality and Family shall train specialized instructors and shall develop and diffuse educational programs for each stage of the life cycle and educational programs for people with disabilities based on their special needs, in consultation with the heads of related central administrative agencies. <Newly Inserted by Act No. 11573, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12328, Jan. 21, 2014; Act No. 13179, Feb. 3, 2015; Act No. 13537, Dec. 1, 2015>
(6) The Minister of Gender Equality and Family shall annually inspect education programs conducted under paragraph (1) and measures for preventing sexual violence, as prescribed by Presidential Decree. <Newly Inserted by Act No. 12328, Jan. 21, 2014; Act No. 13179, Feb. 3, 2015; Act No. 14235, May 29, 2016>
(7) If the Minister of Gender Equality and Family finds, as a result of an inspection conducted under paragraph (6), that an educational program has been conducted inadequately by an institution or organization, he/she shall take necessary measures against the institution or organization, such as special training of managers, as prescribed by Presidential Decree. <Newly Inserted by Act No. 12328, Jan. 21, 2014; Act No. 13179, Feb. 3, 2015>
(8) The Minister of Gender Equality and Family may request the head of the relevant institution or organization to reflect the results of an inspection conducted under paragraph (6) in the following evaluations: <Newly Inserted by Act No. 12328, Jan. 21, 2014; Act No. 13179, Feb. 3, 2015>
1. The internal evaluation of a central administrative agency or a local government under Article 14 (1) or 18 (1) of the Framework Act on Public Service Evaluation;
2. The management performance evaluation of a public enterprise or a quasi-governmental institution under Article 48 (1) of the Act on the Management of Public Institutions;
3. The management evaluation of a local public enterprise under Article 78 (1) of the Local Public Enterprises Act;
(9) The Minister of Gender Equality and Family shall publish the results of inspections conducted under paragraph (6) via the media, etc., as prescribed by Presidential Decree: Provided, That the foregoing shall not apply where publishing is restricted by any other Act. <Newly Inserted by Act No. 12328, Jan. 21, 2014; Act No. 13179, Feb. 3, 2015>
(10) The head of each relevant central administrative agency and the Special Metropolitan City Mayor and each Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, and Special Self-Governing Province Governor shall formulate and implement annual plans necessary for preventing sexual violence, as prescribed by Presidential Decree. <Newly Inserted by Act No. 14235, May 29, 2016>
(11) Matters necessary for the details and methods of education under paragraph (1), the procedure for the submission of results thereof, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 11573, Dec. 18, 2012; Act No. 12328, Jan. 21, 2014; Act No. 13179, Feb. 3, 2015>
 Article 5-2 (Establishment, Operation, etc. of Support Institutions for Educational Programs for Prevention of Sexual Violence)
(1) The Minister of Gender Equality and Family may establish and operate institutions for conducting educational programs for sex education and for preventing sexual violence; developing and diffusing educational programs by stages of the life cycle and educational programs for people with disabilities based on their special needs; training specialized instructors; and supporting such activities (hereinafter referred to as "support institution"). <Amended by Act No. 13537, Dec. 1, 2015>
(2) The Minister of Gender Equality and Family may entrust the operation of support institutions to an institution or organization specified by Presidential Decree.
(3) Matters necessary for the business affairs, operation, etc. of support institutions shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
[This Article Newly Inserted by Act No. 11573, Dec. 18, 2012]
 Article 5-3 (Production, Distribution, and Transmission of Promotional Movies for Prevention of Sexual Violence)
(1) The Minister of Gender Equality and Family shall produce promotional movies for the prevention of, and protection from, sexual violence and for the medical treatment, rehabilitation, etc. of victims and distribute such movies to the persons in charge of broadcast programming under subparagraph 23 of Article 2 of the Broadcasting Act.
(2) The Minister of Gender Equality and Family may request terrestrial broadcasting business operators under subparagraph 3 (a) of Article 2 of the Broadcasting Act (hereinafter referred to as "broadcasting business operators") to transmit the promotional movies under paragraph (1) on each channel within a ratio of non-commercial advertisements for public service specified by Presidential Decree pursuant to Article 73 (4) of the aforesaid Act.
(3) A broadcasting business operator may independently produce and transmit promotional movies in addition to the promotional movies specified in paragraph (1). In such cases, a broadcasting business operator may request the Minister of Gender Equality and Family to render cooperation and assistance necessary therefor.
[This Article Newly Inserted by Act No. 11573, Dec. 18, 2012]
 Article 6 (Sexual Violence Prevention Week)
One week each year shall be designated as Sexual Violence Prevention Week to call social attention to sexual violence and help prevent sexual violence, as prescribed by Presidential Decree.
 Article 7 (Provision of Assistance Necessary for School Admission and Employment of Victims, etc.)
(1) The State and local governments shall provide assistance necessary to send victims and their family members (hereinafter referred to as "victims, etc.") to schools (including admission, re-admission, and special admission to schools, and change of schools; hereafter in this Article the same shall apply) located in areas other than their places of domicile if they are students of any such schools as listed in Article 2 of the Elementary and Secondary Education Act. In such cases, those who take charge of the provision of such assistance shall take care not to infringe upon the privacy of the victims, etc.
(2) Matters necessary for the provision of assistance to send victims, etc. to schools under paragraph (1), including the calculation of the number of days of school attendance, shall be prescribed by Presidential Decree.
(3) The State and local governments may arrange vocational training and provide job placement services for persons who have victims in their custody. <Newly Inserted by Act No. 10521, Mar. 30, 2011>
(4) Matters necessary for employment assistance under paragraph (3), such as the scope of eligibility for employment assistance, shall be determined by Ordinance of Ministry of Gender Equality and Family. <Newly Inserted by Act No. 10521, Mar. 30, 2011>
 Article 7-2 (Legal Counseling Services, etc. for Victims)
(1) The State may provide legal counseling services, legal representation, etc. (hereinafter referred to as "legal counseling services, etc.") to victims.
(2) The Minister of Gender Equality and Family may request the Korea Legal Aid Corporation under Article 8 of the Legal Aid Act or any other institution specified by Presidential Decree to provide legal counseling services, etc. under paragraph (1).
(3) The State may bear expenses incurred in legal counseling services, etc. under paragraph (1), as prescribed by Presidential Decree.
(4) The requirements for legal counseling services, etc. under paragraph (1), the details of, and the procedure for providing, such services, etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11286, Feb. 1, 2012]
 Article 8 (Prohibition of Unfavorable Measures against Victims)
No employer shall dismiss any victim or take any other unfavorable measure against him/her on the ground that he/she is the victim of sexual violence.
 Article 9 (Duty to Report)
The head or employee of a facility which serves to protect, educate or treat minors under the age of 19 (excluding minors who have seen the first day of a year in which they attain the age of 19) shall report to an investigation agency on a minor under his/her protection and support immediately when he/she discovers that the minor is a victim referred to in any of Articles 3 through 9 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Articles 301 and 301-2 of the Criminal Act.
CHAPTER II ESTABLISHMENT AND OPERATION OF FACILITIES, ETC. FOR PROTECTION AND SUPPORT OF VICTIMS
 Article 10 (Establishment and Operation of Counseling Centers)
(1) The State and local governments may establish and operate counseling centers for the victims of sexual violence (hereinafter referred to as "counseling centers").
(2) If any person, other than the State and local governments, intends to establish and operate a counseling center, he/she shall file a report thereon with the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply). <Amended by Act No. 11573, Dec. 18, 2012>
(3) Matters necessary for the standards for establishment and operation of counseling centers, the number of counselors and other staff members to be placed at each counseling center, the filing of reports, etc. shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 11 (Functions of Counseling Centers)
The functions of counseling centers shall be as follows: <Amended by Act No. 10521, Mar. 30, 2011>
1. Receiving reports on sexual violence, and giving advice thereon;
2. Taking victims of sexual violence who have difficulties in leading a normal private or social life or otherwise require urgent protection to protection facilities, etc. for the victims of sexual violence under Article 12;
3. Providing medical assistance to victims, etc., such as taking them over to medical institutions, for treating diseases and health care;
4. Accompanying victims to investigation agencies and courts in relation to investigations, examination of witnesses, etc.;
5. Requesting necessary cooperation and assistance from the Korea Legal Aid Corporation under Article 8 of the Legal Aid Act and other related agencies in relation to judicial settlement procedures for lodging complaints against sex offenders, claiming compensation for damage, etc.;
6. Publicity and education for the prevention of sexual violence;
7. Research and study on sexual violence and related injuries.
 Article 12 (Establishment, Operation and Types of Protection Facilities)
(1) The State and local governments may establish and operate protection facilities for victims of sexual violence (hereinafter referred to as "protection facilities"). <Amended by Act No. 11573, Dec. 18, 2012>
(2) A social welfare corporation under the Social Welfare Services Act or any other nonprofit corporation may establish and operate a protection facility with authorization from the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended by Act No. 11573, Dec. 18, 2012>
(3) The types of protection facilities under paragraphs (1) and (2) are as follows: <Newly Inserted by Act No. 11573, Dec. 18, 2012; Act No. 13179, Feb. 3, 2015>
1. General protection facilities: Facilities that provide victims with any of the services specified in the subparagraphs of Article 13 (1);
2. Protection facilities for disabled persons: Facilities that provide victims who are disabled persons under Article 2 (2) of the Act on the Prohibition of Discrimination against Persons with Disabilities, Remedy against Infringement of Their Rights, Etc., with any of the services specified in the subparagraphs of Article 13 (1);
3. Protection facilities for special support: Facilities that provide victims less than 19 years old under Article 5 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with any of the services specified in the subparagraphs of Article 13 (1);
4. Protection facilities for foreigners: Facilities that provide foreign victims with any of the services specified in the subparagraphs of Article 13 (1): Provided, That such protection facilities may be integrated for the purpose of management with the protection facilities for foreigners under Article 7-2 (1) 3 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims;
5. Community facilities for assistance in self-sufficiency: Facilities that provide persons discharged from a protection facility referred to in subparagraphs 1 through 4 with any of the services specified in Article 13 (1) 3 and other necessary services;
6. Community facilities for assistance to disabled persons in self-sufficiency: Facilities that provide persons discharged from a protection facility referred to in subparagraph 2 with any of the services specified in Article 13 (1) 3 and other necessary services.
(4) The State or a local government may entrust any of the institutions and organizations specified by Presidential Decree with the establishment and operation of a protection facility. <Newly Inserted by Act No. 13537, Dec. 1, 2015>
(5) Matters necessary for the standards for the establishment and operation of protection facilities, the number of counselors and other staff members to be placed at each protection facility, the procedures for authorization, etc. and matters necessary for the entrustment under paragraph (4) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 11573, Dec. 18, 2012; Act No. 13537, Dec. 1, 2015>
 Article 13 (Functions, etc. of Protection Facilities)
(1) The functions of protection facilities shall be as follows: <Amended by Act No. 10521, Mar. 30, 2011>
1. Providing protection, and room and board for victims, etc.;
2. Providing victims with advice and medical treatment necessary to help them gain emotional stability and rehabilitation in society;
3. Conducting education for achieving independence and self-sufficiency and providing information on employment;
4. Affairs referred to in subparagraphs 3, 4, and 5 of Article 11;
5. Affairs entrusted to the protection facilities pursuant to other Acts;
6. Other affairs necessary to protect victims, etc.
(2) When a person who has established and operates a facility for disabled persons under Article 12 (3) 2 or a community facility for assistance to disabled persons in self-sufficiency under Article 12 (3) 6 provides the services specified in the subparagraphs of paragraph (1), he/she shall take into account special needs of disabled persons to ensure appropriate protection and assistance. <Amended by Act No. 11573, Dec. 18, 2012; Act No. 13179, Feb. 3, 2015>
 Article 14 (Provision of Protection Expenses for Protection Facilities)
(1) The State and local governments may subsidize the following protection expenses for the heads of protection facilities or victims if necessary for protecting victims, etc. housed in such protection facilities: Provided, That if the victims, etc. housed in the protection facilities are subject to protection pursuant to the National Basic Living Security Act and other statutes, support under this Act shall not overlap with such protection:
1. Living expenses;
2. Subsidies for education of children;
3. Expenses for raising children;
4. Other expenses prescribed by Presidential Decree.
(2) Matters necessary for the methods, procedures, etc. for the provision of protection expenses under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 15 (Admission to Protection Facilities)
(1) If a victim, etc. falls under any of the following, he/she may be admitted to a protection facility:
1. Where the victim, etc. wishes or consents to be admitted to such facility;
2. Where the victim, etc. lacks intellectual capacity, such as a minor or an intellectually handicapped person, and his/her guardian who is not the sex offender consents thereto.
(2) The head of a protection facility authorized pursuant to Article 12 (2) shall report the personal information, the ground for admission, etc. of those admitted to the protection facility pursuant to paragraph (1), without delay, to the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended by Act No. 11573, Dec. 18, 2012>
(3) If the head of a protection facility discovers, based on the results of counseling with a counsellor, that it is necessary to admit a victim assaulted by a relative or a victim who lacks intellectual capacity, such as an intellectually handicapped person, to the protection facility, but that it is improper to seek consent to the admission from the victim's guardian, he/she may admit the victim to the protection facility, notwithstanding paragraph (1). In such cases, the head of a protection facility authorized pursuant to Article 12 (2) shall obtain approval therefor from the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu without delay. <Amended by Act No. 11573, Dec. 18, 2012>
(4) With regard to admission to a protection facility and approval therefor under paragraph (3), the head of a protection facility and the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall prioritize the protection of rights and interests of the victim concerned. <Amended by Act No. 11573, Dec. 18, 2012>
 Article 16 (Period of Admission in Protection Facility)
(1) The period of admission to each type of protection facilities under Article 12 (3) is as follows: <Amended by Act No. 12328, Jan. 21, 2014; Act No. 13179, Feb. 3, 2015>
1. General protection facilities: Not more than one year: Provided, That the period may be extended once by not more than one year and six months, as prescribed by Ordinance of Ministry of Gender Equality and Family;
2. Protection facilities for disabled persons: Not more than two years: Provided, That the period may be extended to a period required for recovery from injuries, as prescribed by Ordinance of Ministry of Gender Equality and Family;
3. Protection facilities for special support: Until a victim attains 19 years of age: Provided, That the period may be extended once by not more than two years, as prescribed by Ordinance of Ministry of Gender Equality and Family;
4. Protection facilities for foreigners: Not more than one year: Provided, That the period required for the recovery from injuries may be extended, as prescribed by Ordinance of Ministry of Gender Equality and Family;
5. Community facilities for assistance in self-sufficiency: Not more than two years: Provided, That the period may be extended once by not more than two years, as prescribed by Ordinance of Ministry of Gender Equality and Family;
6. Community facilities for assistance in self-sufficiency for disabled persons: Not more than two years: Provided, That the period may be extended once by not more than two years, as prescribed by Ordinance of Ministry of Gender Equality and Family.
(2) Notwithstanding paragraph (1) 1, the period of admission of a victim admitted to a general protection facility may be extended by more than the specified period of admission, if the victim faces any of the extenuating circumstances specified by Presidential Decree.
(3) Matters regarding the extension of the period of admission under paragraph (2) shall be prescribed by Ordinance of Ministry of Gender Equality and Family.
[This Article Wholly Amended by Act No. 11573, Dec. 18, 2012]
 Article 17 (Discharge from Protection Facilities)
(1) Any person admitted to a protection facility pursuant to Article 15 (1) may be discharged therefrom of his/her own accord or upon request by his/her guardian who originally consented to such admission in accordance with subparagraph 2 of the same paragraph.
(2) The head of a protection facility may order an inmate to be discharged from the facility if he/she falls under any of the following subparagraphs:
1. Where the purpose of protection is attained;
2. Where the period of protection referred to in Article 16 expires;
3. Where the inmate is found admitted to the facility in any false or other fraudulent way;
4. Where the inmate commits a serious breach of discipline within the protection facility.
 Article 18 (Establishment and Operation of Integrated Support Center for Victims)
(1) The State and local governments may establish and operate integrated support centers for victims of sexual violence (hereinafter referred to as "integrated support center") to provide counseling services to victims of sexual violences; refer such victims to the institutions of victims for legal counseling services; render assistance in investigations; and comprehensively provide other services to assist such victims for remedies. <Amended by Act No. 13537, Dec. 1, 2015>
(2) The State and local governments may allow institutions or organizations prescribed by Presidential Decree to establish and operate integrated support centers.
(3) The number of counselors and other staff members to be placed at each integrated support center and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 19 (Qualification Standards for Counselors, etc.)
(1) Any of the following persons shall not be qualified for the head, a counselor or other worker of a counseling center, protection facility, or integrated support center: <Amended by Act No. 12328, Jan. 21, 2014; Act No. 15205, Dec. 12, 2017>
1. A minor, a person under adult guardianship, or a person under limited guardianship;
2. Deleted; <by Act No. 13179, Feb. 3, 2015>
3. Any person who has been sentenced to imprisonment without labor or a heavier punishment and for whom the execution of the sentence is not completed (including cases where the execution of the sentence is deemed to be completed) or the execution of the sentence remains undetermined;
4. Any person who has been sentenced to a penalty or medical treatment and custody on charges of committing any crime referred to in Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse and for whom ten years have yet to pass from the date on which the execution of such penalty or medical treatment and custody is fully or partially completed, suspended, or exempted.
(2) Any person who intends to work in a counseling center, protection facility or integrated support center shall meet the qualification standards prescribed by Presidential Decree in relation to professional knowledge, career, etc.
 Article 19-2 (Facilities for Education and Training of Counsellors)
(1) The State and local governments (limited to the Special Metropolitan City, a Metropolitan City, Metropolitan Autonomous City, Do, and Special Self-Governing Province) may establish and operate facilities responsible for specialized education and training of counsellors (hereinafter referred to as "educational and training facilities") so as to enhance the quality of counsellors (including persons who intend to become counsellors).
(2) The Minister of Gender Equality and Family, the Special Metropolitan City Mayor, or a Metropolitan City Mayor, the Metropolitan Autonomous City Mayor, a Do Governor, the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may entrust an institution or organization specified by Presidential Decree with specialized education and training of counsellors or may designate such institution or organization as an educational and training facility.
(3) Each of the following persons who intends to establish an educational and training facility shall report thereon to the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as competent: <Amended by Act No. 13179, Feb. 3, 2015>
1. An educational foundation that has established and operates a school under the Higher Education Act;
2. A legal aid corporation;
3. A social welfare foundation;
4. Any other nonprofit corporation or organization.
(4) Matters necessary for the standards for the establishment and designation of an educational and training facility, the qualification for, and the number of, instructors to be placed in each educational and training facility, the standards for the operation of educational and training courses, and the procedure for reporting on an educational and training facility shall be prescribed by Ordinance of Ministry of Gender Equality and Family.
[This Article Wholly Amended by Act No. 11573, Dec. 18, 2012]
 Article 20 (Conduct of Supplementary Education)
(1) The Minister of Gender Equality and Family or a Mayor/Do Governor shall provide supplementary education to improve the quality of employees at counseling centers, protection facilities, and integrated support centers. <Amended by Act No. 11573, Dec. 18, 2012>
(2) The Minister of Gender Equality and Family or the Mayor/Do Governor may entrust the affairs of education under paragraph (1) to the universities and junior colleges pursuant to subparagraphs 1 and 4 of Article 2 of the Higher Education Act or the specialized institutions prescribed by Presidential Decree.
(3) Matters necessary for the details, period, methods, etc. of supplementary education under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 21 (Report on Permanent or Temporary Closure, etc.)
(1) When a counseling center, protection facility, or educational and training facility established pursuant to Article 10 (2), 12 (2), or 19-2 (3) intends to permanently or temporarily close or resume business, it shall file a report thereon with the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 11573, Dec. 18, 2012>
(2) When the head of a counseling center, protection facility or training facility permanently or temporarily closes the center of facility, he/she shall take measures to protect rights and interests of the users of the facility, such as relocating the users of the facility to another facility, as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Newly Inserted by Act No. 14063, Mar. 2, 2016>
(3) Upon receipt of a report on permanent or temporary closure of a counseling center, protection facility or training facility under paragraph (1), the competent Metropolitan Autonomous City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu shall inspect the facility to ensure that the head of the relevant facility has taken measures for protecting rights and interests of the users of the facilities under paragraph (2) and other measures prescribed by Ordinance of the Ministry of Gender Equality and Family. <Newly Inserted by Act No. 14063, Mar. 2, 2016>
 Article 22 (Corrective Orders)
In any of the following cases, the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may issue an order against a counseling center, a protection facility, or an educational and training facility to take corrective measures within a specified period: <Amended by Act No. 11573, Dec. 18, 2012; Act No. 13179, Feb. 3, 2015; Act No. 13537, Dec. 1, 2015; Act No. 14063, Mar. 2, 2016>
1. If a counseling center, protection facility, or educational and training facility ceases to meet any of the standards for the establishment and operation or for the number of employees required under Article 10 (3) or 12 (5);
2. If a counsellor, etc. of a counseling center or a protection facility ceases to meet any of the qualification standards under Article 19;
3. If an educational and training facility ceases to meet any of the standards for establishment and designation or the standards for operation under Article 19-2 (4), fails to maintain the required number of instructors, or employs any unqualified person;
4. If a counseling center, protection facility, or educational and training facility fails to resume operation after the end of a temporary closure reported under Article 21 (1).
 Article 23 (Revocation, etc. of Authorization)
(1) In any of the following cases, the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order a counseling center, protection facility, or educational and training facility involved to permanently or temporarily close its business or may revoke the authorization therefor: <Amended by Act No. 11573, Dec. 18, 2012>
1. If it breaches a corrective order issued under Article 22;
2. If a person establishes and operates a counseling center, protection facility, or educational and training facility for profit, in violation of Article 29;
3. If a person fails to file a report under Article 32 (1) without good cause, files a false report, or refuses or evades an investigation or inspection.
(2) If a counseling center, protection facility or training facility is permanently or temporarily closed or has its authorization revoked under paragraph (1), the competent Metropolitan Autonomous City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu shall take measures for the users of such facility to be moved to another facility and shall take other measures for protecting rights and interests of the users of the facility. <Newly Inserted by Act No. 14063, Mar. 2, 2016>
(3) Detailed standards for the closure and suspension of business and the revocation of authorization under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 24 (Respecting Intentions of Victims, etc.)
The heads and staff members of counseling centers, protection facilities and integrated support centers shall be prohibited from performing any of the affairs, etc. under Articles 11 and 13 (1) against any intention clearly expressed by the victims, etc. concerned.
 Article 25 (Evaluation of Counseling Centers, Protection Facilities and Integrated Support Centers)
(1) The Minister of Gender Equality and Family shall evaluate the performance records of counseling centers, protection facilities, and integrated support centers every three years and take into consideration the results of such evaluation in supervising facilities, providing support, etc.
(2) Matters necessary for the standards, methods, etc. for evaluation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 26 (Provision of Subsidies)
(1) The State and local governments may subsidize expenses incurred in the establishment and operation of counseling centers, protection facilities, or integrated support centers.
(2) Subsidies under paragraph (1) shall be granted after due consideration of the results of the investigation into the actual conditions of sexual violence under Article 4, the evaluation under Article 25, the report under Article 32, etc.
 Article 27 (Designation, etc. of Medical Institutions for Treatment of Victims, etc. of Sexual Violence)
(1) The Minister of Gender Equality and Family, the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may designate national or public hospitals, public health centers, or private medical facilities as a medical institution for the treatment of victims, etc. <Amended by Act No. 10521, Mar. 30, 2011; Act No. 11573, Dec. 18, 2012>
(2) Medical institutions for the treatment of victims, etc. designated pursuant to paragraph (1) shall provide the following medical services to victims, etc. upon request by victims, victims' families or relatives, or the heads of emergency call centers, counseling centers, protection facilities, or integrated support centers: <Amended by Act No. 10521, Mar. 30, 2011>
1. Counseling and guidance concerning health;
2. Medical treatment;
3. Other physical and mental treatment prescribed by Presidential Decree.
(3) In any of the following cases, the Minister of Gender Equality and Family, the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may revoke the designation of a medical institution for the treatment of victims, etc. designated under paragraph (1): Provided, That designation shall be revoked in cases of subparagraph 1: <Newly Inserted by Act No. 13179, Feb. 3, 2015>
1. If a medical institution is found to have obtained designation by fraud or other improper means;
2. If a medical institution refuses to provide medical services under paragraph (2) without good cause;
3. If a medical institution is found incompetent as a medical institution for the treatment of victims, etc. on any of the grounds specified by Presidential Decree.
(4) Where the Minister of Gender Equality and Family, the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to revoke designation under paragraph (3), he/she shall hold a hearing. <Newly Inserted by Act No. 13179, Feb. 3, 2015>
(5) Matters necessary for the standards and procedures of designation and revocation thereof under paragraphs (1) and (3), the operation thereof, etc. shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Newly Inserted by Act No. 13179, Feb. 3, 2015>
 Article 28 (Provision of Medical Expenses)
(1) The State and local governments may subsidize fully or partially expenses incurred in providing medical treatment and other medical services under Article 27 (2).
(2) Matters necessary for the scope of medical expenses subsidized under paragraph (1), the procedures for subsidization thereof, etc. shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 29 (Prohibition of Operation for Profit)
No person shall establish or operate a counseling center, protection facility, or educational and training facility for profit: Provided, That the head of an educational and training facility may collect tuition fees from persons who attend an educational and training course for counsellors, as prescribed by Ordinance of Ministry of Gender Equality and Family. <Amended by Act No. 11573, Dec. 18, 2012>
 Article 30 (Duty to Maintain Confidentiality)
No current or former head or staff member of a counseling center, protection facility, or integrated support center shall divulge any confidential information learned in the course of performing his/her duties.
CHAPTER III SUPPLEMENTARY PROVISIONS
 Article 31 (Cooperation with Police Offices)
The head of a counseling center, protection facility or integrated support center may, in urgency to rescue victims, etc., request the head of a police office (including a patrol division, police substation, and police branch office) to allow police officers under his/her jurisdiction to accompany staff members of the said facility or center, and the head of the police office so requested shall comply with such request unless there is any special reason to the contrary. <Amended by Act No. 10521, Mar. 30, 2011>
 Article 31-2 (Dispatch of Judicial Police Officers to Scene, etc.)
(1) Upon receipt of a report on sexual violence, judicial police officers shall be dispatched to the reported scene, without delay.
(2) Judicial police officers dispatched under paragraph (1) may enter the reported scene and investigate the persons involved or ask questions to such persons.
(3) Judicial police officers entering a place to conduct an investigation or ask questions under paragraph (2) shall carry a certificate indicating their authority and shall present the certificate to the persons involved.
(4) Judicial police officers conducting an investigation or asking questions under paragraph (2) shall take necessary measures, including separating victims, reporting persons, witnesses, etc. from the perpetrator of sexual violence for the purpose of investigation so that they can freely make oral statements.
(5) No person shall refuse an investigation conducted at the reported scene by judicial police officers dispatched to the scene or interfere with activities of such judicial police officers, without justification.
[This Article Newly Inserted by Act No. 14704, Mar. 21, 2017]
 Article 32 (Report, Inspection, etc.)
(1) The Minister of Gender Equality and Family or the head of a local government may require the head of a counseling center, protection facility, integrated support center, or educational and training facility to submit a report on the facility as necessary and may authorize related public officials to investigate into the current status of operation of the facility or to inspect books of account or other documents. <Amended by Act No. 11573, Dec. 18, 2012; Act No. 13537, Dec. 1, 2015>
(2) Public officials who conduct the inspection under paragraph (1) shall notify the heads of such centers or facilities in advance of the date and time, purposes, etc. of such inspection.
(3) Related public officials performing the duties under paragraph (1) shall carry certificates of authority and present them to interested persons.
 Article 33 (Prohibition of Use of Similar Names)
No person, other than a counseling center, protection facility, integrated support center, or educational and training center under this Act, shall use the words "counseling center for victims of sexual violence", "protection facility for victims of sexual violence" or "integrated support center for victims of sexual violence", "educational and training center for counsellors on sexual violence", or similar in its name.
[This Article Wholly Amended by Act No. 11573, Dec. 18, 2012]
 Article 34 (Hearings)
When the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to issue an order to permanently close a business or to revoke authorization, he/she shall hold a hearing thereon. <Amended by Act No. 11573, Dec. 18, 2012>
 Article 35 (Delegation of Authority)
Part of the authority of the Minister of Gender Equality and Family under this Act may be delegated to the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
CHAPTER IV PENALTY PROVISIONS
 Article 36 (Penalty Provisions)
(1) Any person who dismisses a victim from employment or takes any other measure unfavorable to a victim, in violation of Article 8, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won. <Newly Inserted by Act No. 11286, Feb. 1, 2012>
(2) Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding five million won: <Amended by Act No. 11286, Feb. 1, 2012; Act No. 11573, Dec. 18, 2012>
1. A person who establishes or operates a counseling center, protection facility, or an educational and training center without filing a report thereon or obtaining authorization therefor, in violation of Article 10 (2), 12 (2), or 19-2 (3);
2. A person who continues to operate a counseling center, protection facility, or facility for education and training even after the receipt of an order to close or suspend business or even after the revocation of the relevant authorization under Article 23;
3. A person who breaches the duty to comply with the prohibition of business operation for profit under Article 29;
4. A person who breaches the duty to maintain confidentiality under Article 30.
 Article 37 (Joint Penalty Provisions)
If a representative of a legal entity, or an agent, servant, or other employee of a legal entity or individual, commits an offense set forth in Article 36 in relation to the business of the legal entity or individual, not only shall such offender be punished, but the legal entity or individual shall also be punished by a fine under the relevant provision: Provided, That this shall not apply where the legal entity or individual has not been negligent in giving due attention and supervision concerning the business to prevent such offense.
 Article 38 (Administrative Fines)
(1) Any person who refuses an investigation conducted at the scene or interferes with activities of judicial police officers without justification, in violation of Article 31-2 (5), shall be punished by an administrative fine not exceeding five million won. <Newly Inserted by Act No. 14704, Mar. 21, 2017>
(2) Any of the following persons shall be punished by an administrative fine not exceeding three million won:
1. A person who fails to file a report under Article 32 (1) without good cause or files a false report, or refuses or evades an investigation or inspection;
2. A person who violates the prohibition on using any similar name under Article 33.
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Gender Equality and Family or the head of a local government, as prescribed by Presidential Decree. <Amended by Act No. 11573, Dec. 18, 2012; Act No. 13537, Dec. 1, 2015; Act No. 14704, Mar. 21, 2017>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Article 2 (Repeal of Other Act)
Article 3 (Transitional Measures concerning Counseling Centers)
Any counseling center for the victims of sexual violence reported to the Special Self-Governing Province Governor or the head of Si/Gun/Gu pursuant to the former Act on the Protection, etc. of Victims of Sexual Crimes, as at the time this Act enters into force, shall be deemed a counseling center under this Act.
Article 4 (Transitional Measures concerning Protection Facilities)
Any protection facility for the victims of sexual violence reported to the Special Self-Governing Province Governor or the head of Si/Gun/Gu pursuant to the former Act on the Protection, etc. of Victims of Sexual Crimes, as at the time this Act enters into force, shall be deemed a protection facility authorized under this Act: Provided, That said facility shall meet the requirements of Article 12 (3) within one year from the date this Act enters into force.
Article 5 (Transitional Measures concerning Inmates in Protection Facilities)
Any person housed in a protection facility for the victims of sexual violence pursuant to the former Act on the Protection, etc. of Victims of Sexual Crimes, as at the time this Act enters into force, shall be deemed an inmate under this Act.
Article 6 (Transitional Measures concerning Qualification Standards for Counselors, etc.)
Any employee of a counseling center for the victims of sexual violence or a protection facility for the victims of sexual violence pursuant to the former Act on the Protection, etc. of Victims of Sexual Crimes, as at the time this Act enters into force, shall be governed by the former provisions if he/she falls under any subparagraph of Article 19 (1) due to any cause accruing before this Act enters into force, notwithstanding the provisions of subparagraphs of the said paragraph.
Article 7 (Transitional Measures concerning Administrative Disposition Taken Pursuant to the Former Act on the Protection, etc. of Victims of Sexual Crimes)
Any administrative disposition taken by an administrative agency against a counseling center or protection facility pursuant to the former Act on the Protection, etc. of Victims of Sexual Crimes, as at the time this Act enters into force, shall be deemed an administrative disposition taken under this Act.
Article 8 Omitted.
Article 9 (Relationship to Other Acts)
If the former Act on the Protection, etc. of Victims of Sexual Crimes, or the provisions thereof, are cited in any other statute as at the time this Act enters into force, and if any provision corresponding thereto exists in this Act, this Act or the corresponding provisions hereof in lieu of the former Act on the Protection, etc. of Victims of Sexual Crimes or the provisions thereof shall be deemed cited.
ADDENDUM <Act No. 10521, Mar. 30, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 11286, Feb. 1, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11573, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Period of Admission of Inmate whose Period of Admission Extended)
The Amended provisions of Article 16 shall also apply to a person whose period of admission has been extended pursuant to the former provisions before this Act enters into force. The period of admission extended pursuant to the former provisions in such cases shall be included in the period of admission under the amended provisions of Article 16.
Article 3 (Transitional Measures concerning Protection Facilities)
Protection facilities established and operated by the State or a local government pursuant to the former provisions or protection facilities authorized by the Special Self-Governing Province Governor or the head of a Si/Gun/Gu before this Act enters into force shall be deemed protection facilities for each category of inmates classified under the amended provisions of Article 12 (3) but shall satisfy the standards for establishment and operation under the amended provisions of Article 12 (4) within six months from the date this Act enters into force.
Article 4 (Transitional Measures concerning Educational and Training Facilities)
If a legal aid corporation or social welfare foundation that operates an educational course already established for counsellors on sexual violence at the time this Act enters into force, as prescribed by Presidential Decree, or any other nonprofit corporation or organization, the main business of which is to prevent sexual violence and protect victims of sexual violence files a report pursuant to the amended provisions of Article 19-2 (3) within three months from the date this Act enters into force, it shall be deemed to file a report on the enforcement date of this Act: Provided, That it shall satisfy the standards for establishment under the amended provisions of Article 19-2 (4) within six months from the enforcement date of this Act.
Article 5 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12328, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Incompetent Persons, etc.)
A person under adult guardianship or under limited guardianship, as referred to in the amended provisions of Article 19 (1) 1, shall be deemed to include the persons upon whom the declaration of incompetence or quasi-incompetence remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 12698, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 13179, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 27 shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Users under the Framework Act on Gender Equality)
The users defined in subparagraph 3 of Article 3 of the Framework Act on Gender Equality, as referred to in the amended provisions of Article 5 (3), shall be deemed the users defined under subparagraph 5 of Article 3 of the Framework Act on Women’s Development until June 30, 2015.
Article 3 (Transitional Measure concerning Medical Institutions for Treatment of Victims, etc. of Sexual Violence)
Medical institutions for the treatment of victims, etc. designated under the previous provisions before this Act enters into force shall meet the standards for designation prescribed by Ordinance of the Ministry of Gender Equality and Family pursuant to the amended provisions of Article 27 (5) within six months after this Act enters into force.
ADDENDA <Act No. 13537, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 14063, Mar. 2, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14235, May 29, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14704, Mar. 21, 2017>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 15205, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Standards for Qualification of Workers of Counseling Centers, etc.)
The amended provisions of Article 19 (1) shall also apply to workers employed by a counseling center, protection facility, or integrated support center before this Act enters into force.