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ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION OF CHILDREN AND YOUTH AGAINST SEX OFFENSES

Wholly Amended by Presidential Decree No. 24567, May 31, 2013

Amended by Presidential Decree No. 25932, Dec. 30, 2014

Presidential Decree No. 26209, Apr. 20, 2015

Presidential Decree No. 26922, Jan. 22, 2016

Presidential Decree No. 27215, jun. 8, 2016

Presidential Decree No. 27639, Nov. 29, 2016

Presidential Decree No. 27960, Mar. 27, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated from the Act on the Protection of Children and Juveniles against Sexual Abuse and matters necessary for the enforcement thereof.
 Article 2 (Scope of Online Service Providers)
The term "persons prescribed by Presidential Decree" in subparagraph 8 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as the "Act") means information and communications service providers falling under Article 2 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
CHAPTER II PUNISHMENT, INVESTIGATIVE PROCEDURES, REPORTING OF, EMERGENCY MEASURES FOR SEX OFFENSES AGAINST CHILDREN OR JUVENILES
 Article 3 (Measures to Detect Child or Juvenile Pornography)
(1) The term "measures prescribed by Presidential Decree" in the main sentence of Article 17 (1) of the Act means the following measures: Provided, That where an online service provider may detect any child or juvenile pornography by taking measures prescribed by other Acts, he/she need not take all or some of the following measures:
1. Measures that enable a user to regularly report to the online service provider if the user detects online materials suspected as child or juvenile pornography;
2. Measures that enable the online service provider to detect materials technically recognized as child or juvenile pornography by analyzing the characteristics or names of online materials.
(2) Any online service provider may request the Korea Communications Commission under Article 18 of the Act on the Establishment and Operation of Korea Communications Commission to deliberate on online materials difficult to determine as child or juvenile pornography.
(3) The Minister of Gender Equality and Family may provide administrative support required when online service providers take measures such as detecting and deleting child or juvenile pornography, and build a cooperation system with online service providers, related agencies and organizations for such purpose.
 Article 4 (Standards for Marking of Warning Messages about Punishment towards Persons Who Produce, Distribute or Possess Child or Juvenile Pornography)
Standards for marking warning messages about punishment towards persons who produce, distribute or possess child or juvenile pornography pursuant to Article 17 (2) of the Act shall be as specified in attached Table 1.
 Article 5 (Protective Measures in Investigative Procedures)
An investigative agency shall take the following protective measures in investigative procedures in relation to sex offenses against children or juveniles pursuant to Article 25 of the Act:
1. Notify victims of their rights;
2. Minimize investigations of victims;
3. Minimize cross-examination of victims with perpetrators;
4. Guarantee learning rights of victims in investigations which are not urgent;
5. Ensure victims are investigated by persons who have been specially trained to investigate sex offenses except in special circumstances;
6. Communication and cooperation with victim support institutions, etc. operated pursuant to Article 10, 12, 18 or 27 of the Sexual Violence Prevention and Victims Protection Act, Article 4-6 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims, or Article 5 (1) 2 or Article 10 of the Act on the Prevention of Sexual Traffic and Protection, etc. of Victims.
 Article 6 (Education of Persons Obligated to Report)
(1) The head of a related administrative agency shall consult with the Minister of Gender Equality and Family about the education curriculum related to the prevention of and obligations to report sex offenses against children or juveniles.
(2) Where the Minister of Gender Equality and Family provides education under Article 35 (2) of the Act, he/she may consult with the head of a related administrative agency and the head of an institution, facility or organization referred to in each subparagraph of Article 34 (2) of the Act regarding persons required to receive education, education hours, etc.
 Article 7 (Other Persons Subject to Counseling and Medical Treatment)
The term "persons prescribed by Presidential Decree" in Article 37 (1) 3 of the Act means the following persons:
1. Children or juveniles being protected in the same facility with victimized children or juveniles;
2. Children or juveniles who are likely to suffer mental damage because they attend the same school with victimized children or juveniles;
3. Aside from persons falling under Article 37 (1) 2 of the Act, family members in need of counseling and medical treatment, who are living with victimized children or juveniles.
CHAPTER III GUIDANCE, PROTECTION, ETC. OF CHILDREN OR JUVENILES
 Article 8 (Sending of Children or Juveniles Involved)
(1) Where a judicial police officer discovers a child or juvenile involved pursuant to Article 38 (2) of the Act, he/she shall inform the Minister of Gender Equality and Family of the fact thereof.
(2) Where a judicial police officer requests the Minister of Gender Equality and Family to provide counseling and information on a child or juvenile involved in the course of investigation pursuant to Article 38 (2), the Minister of Gender Equality and Family shall apply his/her best endeavors to provide support.
(3) The Minister of Gender Equality and Family may entrust the following facilities with support affairs, such as the provision of counseling and information under paragraph (2):
1. Juvenile support facilities falling under Article 5 (1) 2 of the Act on the Prevention of Sexual Traffic and Protection, etc. of Victims and counseling centers for victims of sex trafficking falling under Article 10 of the same Act;
2. Juvenile counseling and welfare centers falling under Article 29 (1) of the Juvenile Welfare Support Act and juvenile shelters falling under subparagraph 1 of Article 31 of the same Act;
3. Juvenile protection and rehabilitation centers falling under Article 35 (1) of the Juvenile Protection Act;
4. Other institutions, facilities or organizations designated by the Minister of Gender Equality and Family.
 Article 9 (Educational Programs, etc. for Children or Juveniles Involved)
(1) Where a public prosecutor orders a child or juvenile involved to complete educational programs or counseling programs (hereinafter referred to as "educational programs, etc.") pursuant to Article 39 (2) of the Act, such hours of education or counseling shall be 40 hours or thereabouts, and he/she shall inform the Minister of Gender Equality and Family of such child or juvenile involved.
(2) The Minister of Gender Equality and Family shall operate educational programs, etc. In such cases, the Minister of Gender Equality and Family may entrust the operation of educational programs, etc. to facilities falling under any of the subparagraphs of Article 8 (3) in order to efficiently operate such educational programs, etc.
(3) The Minister of Gender Equality and Family may subsidize expenses incurred in operating educational programs, etc. to a facility entrusted with the operation of educational programs, etc. (hereinafter referred to as " facility entrusted with education") pursuant to the latter part of paragraph (2) within budgetary limits.
(4) Where the head of a facility entrusted with education requests a medical institution falling under Article 3 of the Medical Service Act to treat a disease, etc. of a child or juvenile involved while operating educational programs, etc., the Minister of Gender Equality and Family may fully or partially subsidize expenses incurred in treating such disease, etc. within budgetary limits.
 Article 10 (Notification, etc. of Completion of Educational Programs, etc.)
(1) The Minister of Gender Equality and Family and the head of a facility entrusted with education, who operate educational programs, etc. pursuant to Article 9, shall notify a public prosecutor and the Minister of Gender Equality and Family (only applicable to the head of a facility entrusted with education) of the following matters relating to a child or juvenile involved ordered to complete educational programs, etc. pursuant to Article 39 (2) of the Act:
1. In the case of completion of educational programs, etc., as to whether a child or juvenile involved has completed such educational programs, etc.;
2. Where a child or juvenile involved refuses to complete educational programs, etc. or cannot receive education or counseling due to disease or for other reasons, the reasons therefor.
(2) Where a public prosecutor or the Minister of Gender Equality and Family deems it necessary, he/she may request the Minister of Gender Equality and Family or the head of a facility entrusted with education to notify him/her of whether a child or juvenile involved has completed educational programs, etc.
(3) Where a child or juvenile involved ordered to participate in educational programs, etc. falls under any of the following, a public prosecutor may cancel his/her order after hearing the opinion of the Minister of Gender Equality and Family or the head of a facility entrusted with education, and send the child or juvenile involved to the juvenile department of a family court or the juvenile department of a district court:
1. Where the child or juvenile involved refuses to complete educational programs, etc.;
2. Where it is deemed impossible to achieve the objectives of educational programs, etc., such as the protection and rehabilitation of a child or juvenile involved, because he/she substantially violates the obligations while taking such educational programs, etc.
 Article 11 (Recommendation of Institutions, etc. Eligible to be Entrusted with Orders concerning Educational Courses)
Where a probation officer who executes an order by requiring a child or juvenile involved to take educational courses under Article 40 (2) and 44 (4) of the Act intends to entrust the execution of such order pursuant to the proviso to Article 61 (1) of the Act on Probation, Etc., the Minister of Gender Equality and Family may recommend an institution or organization eligible for entrustment.
 Article 12 (Orders to Child or Juvenile Perpetrators to Complete Educational Programs, etc.)
(1) Where a public prosecutor issues orders to a child or juvenile perpetrator to complete educational programs, etc. pursuant to Article 44 (5) of the Act, he/she shall fix hours of education or counseling within 100 hours.
(2) A public prosecutor may permit such educational programs, etc. to be conducted in any of the following facilities:
1. A probation office or branch of the probation office falling under Article 14 of the Act on Probation, Etc.;
2. A reformatory, juvenile classification review board or other juvenile-related facilities falling under Article 2 of the Act on the Treatment of Protected Juveniles, Etc.;
3. A facility recommended by the Minister of Gender Equality and Family.
(3) Where education programs are conducted in a facility recommended by the Minister of Gender Equality and Family pursuant to paragraph (2) 3, he/she may subsidize expenses incurred in operating such educational programs, etc. to the relevant facility within budgetary limits.
 Article 13 (Notification of Results of Educational Programs, etc.)
(1) A person who has conducted educational programs, etc. (in the case of educational programs, etc. conducted in a facility recommended by the Minister of Gender Equality and Family, referring to the Minister of Gender Equality and Family) pursuant to Article 12 (2) shall prepare a report on the outcomes of educational programs, etc. and submit such report to a public prosecutor.
(2) Where a public prosecutor deems it impossible to achieve the objectives of educational programs, etc., such as the prevention of the repetition of offenses because a child or juvenile ordered to complete such educational programs, etc. fails to observe the obligations while taking them, he/she may cancel the order in relation to such educational programs, etc., and send the relevant child or juvenile to the juvenile department of a family court or the juvenile department of a district court.
 Article 14 (Guidance, etc. on Rights to Appoint Attorney-at-Law of Protection Facilities, etc.)
A protection facility falling under Article 45 of the Act and a counseling facility falling under Article 46 of the Act shall make efforts to prevent harm that may be inflicted on victimized children or juveniles and to provide them with legal support in criminal procedure, such as the appointment of an attorney-at-law under Article 30 (1) of the Act and guidance for legal aid under Article 3 (1) 4, subparagraph 5 of Article 11 or Article 13 (1) 4 of the Sexual Violence Prevention and Victims Protection Act or Article 7 (1) 5 of the Act on the Prevention of Sexual Traffic and Protection, etc. of Victims.
 Article 15 (Entrustment, etc. of Establishment and Operation of Institutions Specialized in Sex Education for Children and Juveniles)
(1) The State and local governments may entrust affairs pertaining to the establishment and operation of institutions specialized in sex education for children and juveniles (hereinafter referred to as "institution specialized in sex education") under Article 47 (1) of the Act to any of the following specialized organizations:
1. An organization that establishes and operates counseling centers for victims of sexual violence under Article 10 of the Sexual Violence Prevention and Victims Protection Act;
2. An organization that establishes and operates youth training centers, youth training establishments, or youth cultural halls under the provisions of subparagraph 1 (a) through (c) of Article 10 of the Juvenile Activity Promotion Act;
3. Among juvenile organizations falling under subparagraph 8 of Article 3 of the Framework Act on Juveniles, an organization that has business performance in affairs related to juvenile support, juvenile activity, juvenile welfare and juvenile protection for at least the preceding three years;
4. An organization mainly conducting sex education, which has performed sex education for children and juveniles for at least the preceding three years.
(2) Qualifications of employees working for an institution specialized in sex education shall be as specified in attached Table 2.
(3) Criteria for establishing and operating an institution specialized in sex education shall be as specified in attached Table 3.
 Article 16 (Submission of Operating Performances)
(1) The head of a specialized organization entrusted pursuant to Article 15 (1) shall submit the biannual operating results of institutions specialized in sex education to the competent Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) by the tenth day of the following month following the half-year end. <Amended by Presidential Decree No. 25932, Dec. 30, 2014>
(2) The head of a Si/Gun/Gu to whom the biannual operating results are submitted pursuant to paragraph (1) shall submit such results to the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do Governor by the 20th day of the following month following the half-year end, and the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Do governor or the Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") shall submit such results to the Minister of Gender Equality and Family by the end of the following month at the end of each quarter. <Amended by Presidential Decree No. 25932, Dec. 30, 2014>
 Article 17 (Support for Education of Child or Juvenile Perpetrators, and Legal Representatives, etc.)
The Minister of Gender Equality and Family may provide assistance regarding matters necessary for the operation of educational and counseling programs to child or juvenile perpetrators and their legal representatives under Article 48 (1) 4 of the Act.
 Article 18 (Operation, etc. of Educational Programs)
The term "affairs prescribed by Presidential Decree" in Article 48 (1) 6 of the Act means the following affairs:
1. Protection of victimized children or juveniles under Article 24 of the Act;
2. Operation of programs related to child or juvenile sex culture to educate children and juveniles so that they develop a healthy understanding of sex.
CHAPTER IV DISCLOSURE OF PERSONAL INFORMATION AND RESTRICTION ON EMPLOYMENT OF PERSON FINALLY AND CONCLUSIVELY CONVICTED OF SEX OFFENSES
 Article 19 (Operation, etc. of Exclusive Web Site for Disclosed Information)
(1) The Minister of Gender Equality and Family shall create and operate an exclusive web site (hereinafter referred to as "exclusive web site") in which disclosed information (hereinafter referred to as "disclosed information") under Article 49 (3) of the Act is accessible for the execution of orders to disclose information pursuant to Articles 49 (1) and 52 (1) of the Act.
(2) The Minister of Gender Equality and Family shall take technical measures, such as incremental access to disclosed information, prohibition of input and output by users of disclosed information and security, and monitor the exclusive web site on a regular basis to prevent the leakage of disclosed information registered in the exclusive web site.
 Article 20 (Details, etc. of Disclosed Information)
(1) The specific form and details of disclosed information pursuant to Article 49 (4) of the Act shall be as follows: <Amended by Presidential Decree No. 27215, Jun. 8, 2016>
1. Name: To be stated in Korean and Chinese characters (only applicable where a person has a name in Chinese characters), and in the case of a foreigner, to be stated in Korean and English;
2. Age: Age on the resident registration card: Provided, That in the case of a foreigner, age shall be filled out as stated in passport or a certificate of alien registration;
3. Address or actual place of residence: To be filled out according to the following classification, and the name of a road referred to in subparagraph 5 of Article 2 of the Road Name Address Act and the number of a building referred to in subparagraph 7 of the same Article shall be described:
(a) In the case of Koreans and Korean nationals residing abroad: Address reported pursuant to the Resident Registration Act and address of an actual place of residence;
(b) In the case of foreigners: Address of a place of sojourn in the Republic of Korea registered pursuant to Article 32 of the Immigration Act and address of an actual place of residence;
(c) In the case of Koreans with foreign nationality: Address of a place of residence in the Republic of Korea reported pursuant to Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans and address of an actual place of residence;
4. Physical description: To describe height and weight; height shall be described in centimeters and weight shall be in kilograms, respectively;
5. Photograph: To post a registered photograph;
6. Summary of sex offenses subject to registration: State the judgement date, name of an offense, sentenced years in prison, and summary of the offense, but any details that may identify a victim shall not be mentioned;
7. Criminal records of sexual violence: State the name and frequency of a sex violence crime that is determined guilty final and conclusive before the date of the final decision on the case subject to registration;
8. Whether to attach an electronic device under the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders: State whether an electronic device is attached and the period of attachment thereof.
(2) Where the Minister of Gender Equality and Family receives disclosed information pursuant to Article 52 (2) of the Act, he/she shall formulate the original register of disclosed information about sexual offenders detailing disclosed information referred to in paragraph (1).
(3) Specific matters regarding the form and the method of formulating the original register of disclosed information about sexual offenders under paragraph (2) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 21 (Certification of Real Name and Management of Accessible Information)
(1) Any person who intends to access disclosed information using an exclusive web site pursuant to Article 49 (5) of the Act shall obtain certification of a real name by entering his/her name and resident registration number.
(2) The Minister of Gender Equality and Family shall keep and manage personal information and contact information pertaining to a person who has accessed disclosed information pursuant to paragraph (1) for a certain period.
 Article 22 (Delegation of Posting Notices on Billboard)
The Minister of Gender Equality and Family shall delegate the posting of notices on the billboard under Article 51 (4) of the Act to the head of an Eup/Myeon or the head of the community center of a Dong in which a person to be notified actually lives pursuant to paragraph (6) of the same Article.
 Article 23 (Requests for Submission of Data)
The Minister of Gender Equality and Family may request a related administrative agency to provide data in order to publish trends and tendencies of sex offenses against children or juveniles and other matters necessary for guidance pursuant to Article 53 of the Act.
 Article 24 (Restriction, etc. on Employment in Institutions, etc. Related to Children and Juveniles)
(1) The term "types of facilities, etc. prescribed by Presidential Decree" in Article 56 (1) 17 of the Act means the following institutions, facilities or places of business (hereinafter referred to as "facilities, etc."):
1. Facilities, etc. whose business is to provide juvenile games pursuant to subparagraph 6-2 (a) of Article 2 of the Game Industry Promotion Act;
2. Facilities, etc. conducting singing practice room business (referring to singing practice room business which has rooms for juveniles) pursuant to subparagraph 13 of Article 2 of the Music Industry Promotion Act.
(2) The "head of a related central administrative agency prescribed by Presidential Decree" in the latter part of Article 57 (1) of the Act means the Minister of Culture, Sports and Tourism.
 Article 25 (Inquiries into History of Sexual Offenses)
(1) Any of the following persons who intends to inquire about history of sexual offense pursuant to Article 56 (2) and (3) of the Act shall inquire of the commissioner of a police agency about history of sexual offenses. In such cases, the request may be made using information and communications networks operated by a police agency under Article 2 (1) of the Act on Promotion of Information and Communications Network Utilization and Information, Etc. (hereinafter referred to as "information and communications network"): <Amended by Presidential Decree No. 26209, Apr. 20, 2015; Presidential Decree No. 27639, Nov. 29, 2016>
1. The head of a local government, the superintendent of education, or the head of a district office of education;
2. The head of a facility, an institution, or a place of business falling under any of the subparagraphs of Article 56 (1) of the Act (hereinafter referred to as "institution, etc. related to children and juveniles") or a person who intends to operate an institution, etc. related to children and juveniles;
3. A person who is being employed or effectively provides his/her labor or a person who intends to get a job or to effectively provide his/her labor to an institution, etc. related to children and juveniles (hereinafter referred to as “employees, etc.”).
(2) Where the head of an institution, etc. related to children and juveniles inquires about history of sexual offenses pursuant to paragraph (1), he/she shall submit an inquiry along with a written consent of employees, etc. or shall have employees, etc. indicate their consent on the information and communications networks operated by a police station. <Amended by Presidential Decree No. 26209, Apr. 20, 2015; Presidential Decree No. 27639, Nov. 29, 2016>
(3) The commissioner of a police agency in receipt of an inquiry regarding history of sexual offenses pursuant to paragraph (1) shall confirm only as to whether a person who intends to operate an institution, etc. related to children and juveniles or employees, etc. is a person restricted from such operation or employment under Article 56 (1) of the Act (hereinafter referred to as "person subject to employment restrictions") and reply to the persons falling under the subparagraphs of paragraph (1). In such cases, the reply may be made using the information and communications networks operated by a police agency. <Amended by Presidential Decree No. 26209, Apr. 20, 2015; Presidential Decree No. 27639, Nov. 29, 2016>
(4) Matters concerning an inquiry about history of sexual offenses under paragraph (1), a written consent under paragraph (2) and a reply form under paragraph (3) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 26 (Requests for Data Submission)
When the head of any central administrative agency referred to in Article 57 (1) of the Act requests data submission pursuant to paragraph (2) of the same Article, he/she shall specify the following matters:
1. Grounds for a request for data submission;
2. Date and time of data submission;
3. Details of data to be submitted.
 Article 27 (Disclosure of Results of Checking and Verification of Former Sex Offenders)
(1) The head of any central administrative agency referred to in Article 57 (1) shall disclose the results of checking and verification (hereinafter referred to as "checking and verification") pursuant to Article 57 (1) of the Act via an exclusive web site created and operated by the Minister of Gender Equality and Family within two months from the date such checking and verification is completed. In such cases, the period of disclosure shall be at least three months.
(2) The results of checking and verification that must be disclosed pursuant to Article 57 (3) of the Act shall be as follows: <Amended by Presidential Decree No. 26922, Jan. 22, 2016; Presidential Decree No. 27639, Nov. 29, 2016>
1. The total number of institutions, etc. related to children and juveniles, a period of checking or verification, and the current status of the checking or verification on the number of checking or verification institutions or persons;
2. The number of institutions, etc. related to children and juveniles which are operated by persons subject to employment restrictions or in which they are employed, and the number of persons subject to employment restrictions of each institution;
3. Measures necessary for a person subject to employment restrictions who operates an institution or is employed therein, etc. related to children and juveniles or details of measures taken;
4. The names and domiciles of institutions, etc. related to children and juveniles which are operated by persons subject to employment restrictions or in which they are employed (domiciles shall be limited to Sis (including an administrative Si falling under Article 10 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City)/Guns/Gus (referring to autonomous Gus; hereinafter the same shall apply)).
 Article 28 (Requests for Dismissal, Requests for Closure, etc.)
(1) Where the head of a central administrative agency referred to in each subparagraph of Article 57 (1) of the Act requests to dismiss a person subject to employment restrictions or requests closure of an institution, etc. related to children and juveniles pursuant to Article 58 of the Act, he/she shall make such request in writing, specifying violations of the Act, request details and compliance deadline. <Amended by Presidential Decree No. 27639, Nov. 29, 2016>
(2) Where the head of a central administrative agency referred to in each subparagraph of Article 57 (1) of the Act requests to dismiss a currently-employed person subject to employment restrictions pursuant to Article 58 (1) of the Act, he/she shall inform the person subject to employment restrictions of such fact.
(3) The head of an institution, etc. related to children and juveniles requested to dismiss a person subject to employment restrictions or to close an institution, etc. pursuant to Article 58 (1) or (2) of the Act, and the person subject to employment restrictions notified of the dismissal request pursuant to paragraph (2) may lodge an objection with the head of a central administrative agency (including a person to whom the authority has been delegated pursuant to Article 33; hereafter in paragraph (4) the same shall apply) referred to in each subparagraph of Article 57 (1) of the Act within ten days from the date he/she is notified of the requests for dismissal and closure, or for dismissal. <Amended by Presidential Decree No. 27639, Nov. 29, 2016>
(4) Where the head of a central administrative agency referred to in each subparagraph of Article 57 (1) of the Act receives an objection under paragraph (3), he/she shall examine the objection within two weeks and notify the head of the relevant institution, etc. related to children and juveniles and the relevant person subject to employment restrictions of the result thereof. <Amended by Presidential Decree No. 27639, Nov. 29, 2016>
 Article 29 (Criteria for Payment of Rewards)
(1) Rewards for reporting (including making a complaint or accusation; hereinafter the same shall apply) under Article 59 of the Act shall be paid where a person reported to have committed an offense is prosecuted for the relevant offense or whose indictment is suspended.
(2) Notwithstanding paragraph (1), no reward shall be paid:
1. Where a person who is obligated to report to an investigative agency pursuant to Article 34 (2) of the Act reports;
2. Where the payment of rewards is deemed inappropriate because a person involved in an offense subject to reporting under Article 59 (1) of the Act reports such offense;
3. Where a public official who is in charge of controlling offenses reports an offense in relation to his/her duties.
 Article 30 (Procedures for Payment of Monetary Rewards)
(1) A person who intends to be paid a monetary reward under Article 29 shall submit an application for payment of a monetary reward to the Minister of Gender Equality and Family within one year from the date he/she learns of his/her eligibility for the payment of monetary rewards, as prescribed by Ordinance of the Ministry of Gender Equality and Family.
(2) Where the Minister of Gender Equality and Family pays rewards, he/she shall formulate a report on payment of monetary rewards and a payment list, as prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 31 (Amount of Monetary Rewards to Be Paid, etc.)
(1) A monetary reward pursuant to Article 29 shall not exceed one million won within budgetary limits, and the detailed amount of monetary rewards shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
(2) Notwithstanding paragraph (1), where a reporter is paid compensation under Article 28 of the Act on the Punishment of Acts of Arranging Sexual Traffic or monetary rewards pursuant to Article 49 of the Juvenile Protection Act, compensation and monetary rewards shall be paid according to the following classification:
1. Where an amount of money paid exceeds a monetary reward under paragraph (1): No monetary reward shall be paid;
2. Where an amount of money is less than monetary rewards under paragraph (1): An amount of money after subtracting the amount of money paid shall be paid.
 Article 32 (Recovery of Monetary Rewards)
In any of the following cases, the Minister of Gender Equality and Family may withdraw a monetary reward even after the payment thereof in accordance with Article 29:
1. Where he/she is paid a monetary reward by fraud or other improper means;
2. Where a reason referred to in each subparagraph of Article 29 (2) is confirmed;
3. Where he/she falls under Article 31 (2) (where he/she falls under Article 31 (2) 2, only the subtracted amount of money shall be recovered).
 Article 33 (Delegation of Authority)
(1) Pursuant to Article 60 of the Act, the Minister of Education, the Minister of Culture, Sports and Tourism, the Minister of Health and Welfare, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, or the Commissioner General of Korean National Police Agency shall delegate the following authority, as prescribed by the provisions of paragraphs (2) through (7): <Amended by Presidential Decree No. 27639, Nov. 29, 2016>
1. Requests for checking, verification and submission of data on former sexual offenders under Article 57 of the Act;
2. Requests to dismiss an employee (referring to a person who is being employed or effectively provides his/her labor to an institution, etc. related to children and juveniles; hereinafter the same shall apply), the closure of institutions, etc. related to children and juveniles, requests for the cancellation of registration and permission, etc. under Article 58 of the Act;
3. Imposition and collection of administrative fines under Article 67.
(2) Pursuant to Article 60 (1) of the Act, the Minister of Culture, Sports and Tourism shall delegate his/her authority referred to in each subparagraph of paragraph (1) to the Mayor/Do Governor or the head of a Si/Gun/Gu according to the following classification:
1. Authority referred to in each subparagraph of paragraph (1) over the following facilities, etc.: The Mayor/Do Governor:
(a) Specialized sports facilities established and operated by a Special Metropolitan City, Metropolitan City, Metropolitan Autonomous City, Do, Special Self-Governing Province (hereinafter referred to as "City/Do"), being sports facilities falling under Article 56 (1) 11 of the Act;
(b) Workplace sport facilities and sports facilities subject to registration among the sport facilities falling under Article 56 (1) 11 of the Act;
(c) Business establishments for popular culture and art planning falling under Article 56 (1) 16 of the Act.
2. Authority referred to in each subparagraph of paragraph (1) over the following facilities, etc.: The Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu:
(a) Specialized sports facilities and daily sports facilities established and operated by a Si/Gun/Gu, falling under Article 56 (1) 11 of the Act;
(b) Sports facilities subject to reporting among sport facilities falling under Article 56 (1) 11 of the Act;
(c) Business places in which internet game facility supply business and complex distribution game supply business falling under each subparagraph of Article 56 (1) 13 are conducted;
(d) Facilities, etc. in which juvenile game supply business falling under Article 24 (1) 1 is conducted;
(e) Facilities, etc. in which singing practice room business (referring to singing practice room business that has rooms for juveniles) falling under Article 24 (1) 2 is conducted.
(3) Pursuant to Article 60 (1) of the Act, the Minister of Health and Welfare shall delegate his/her authority referred to in each subparagraph of paragraph (1) to the Mayor/Do Governor or the head of a Si/Gun/Gu according to the following classification:
1. Facilities, etc. established and operated by a City/Do, being the following facilities, etc.: The Mayor/Do Governor:
(a) Child day care centers falling under Article 56 (1) 7 of the Act;
(b) Child welfare facilities falling under Article 56 (1) 8 of the Act;
(c) Medical institutions falling under Article 56 (1) 12 of the Act;
2. Facilities, etc. established and operated by a Si/Gun/Gu, which are facilities, etc. referred to in subparagraph 1: The head of a Si/Gun/Gu;
3. Facilities, etc. established and operated by a person other than the State or a local government, which are facilities, etc. referred to in subparagraph 1: The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu.
(4) Pursuant to Article 60 (1) of the Act, the Minister of Gender Equality and Family shall delegate his/her authority referred to in each subparagraph of paragraph (1) to the Mayor/Do Governor or the head of a Si/Gun/Gu according to the following classification: <Amended by Presidential Decree No. 27639, Nov. 29, 2016>
1. Facilities, etc. established and operated by a City/Do, which are the following facilities: The Mayor/Do Governor:
(a) Juvenile activity facilities falling under Article 56 (1) 5 of the Act;
(b) Juvenile counseling and welfare centers and juvenile shelters falling under Article 56 (1) 6 of the Act;
(c) Juvenile support facilities and counseling centers for victims of sex trafficking falling under Article 56 (1) 9 of the Act;
2. Facilities, etc. established and operated by a Si/Gun/Gu, which are facilities, etc. referred to in each item of subparagraph 1: The head of a Si/Gun/Gu;
3. Facilities, etc. established and operated by a person other than the State or a local government, which are facilities, etc. referred to in each item of subparagraph 1: The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu;
4. Places of juvenile activity planning business falling under Article 56 (1) 15 of the Act: The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu;
5. Workplaces of private tutors visiting home, etc. referred to in Article 56 (1) 18 of the Act: The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.
(5) Pursuant to Article 60 (1) of the Act, the Minister of Land, Infrastructure and Transport shall delegate his/her authority referred to in each subparagraph of paragraph (1) over the management office of multi-dwelling units falling under Article 56 (1) 10 of the Act to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu.
(6) Pursuant to Article 60 (2) of the Act, the Minister of Education shall delegate his/her authority referred to in each subparagraph of paragraph (1) to the superintendent of education of a City/Do or the superintendent of education of a Si/Gun/Gu (including the superintendent of education of an administrative Si falling under Article 80 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City) according to the following classification: <Amended by Presidential Decree No. 26922, Jan. 22, 2016; Presidential Decree No. 27639, Nov. 29, 2016>
1. Public kindergartens established and operated by a City/Do, which are kindergartens falling under Article 56 (1) 1 of the Act: The superintendent of education of a City/Do;
2. Public kindergartens established and operated by a Si/Gun/Gu, which are kindergartens falling under Article 56 (1) 1 of the Act: The superintendent of education of a Si/Gun/Gu;
3. Private kindergartens of the kindergartens falling under Article 56 (1) 1: The superintendent of education of a City/Do;
4. Public schools established and operated by a City/Do or a Si/Gun/Gu, which are schools falling under Article 56 (1) 2 of the Act: The superintendent of education of a City/Do;
5. Private schools of the schools falling under Article 56 (1) 2 of the Act: The superintendent of education of a City/Do;
5-2. Entrusted educational institutions referred to in Article 56 (1) 2 of the Act: The superintendent of education of a City/Do;
6. Private educational institutes, teaching classes, private instructors falling under Article 56 (1) 3 of the Act: The superintendent of education of a Metropolitan Autonomous City and the superintendent of education of a Si/Gun/Gu (including the superintendent of education of an administrative Si falling under Article 80 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City).
(7) Pursuant to Article 60 (3) of the Act, the Commissioner General of Korean National Police Agency shall delegate his/her authority referred to in each subparagraph of paragraph (1) over corporations providing security services under Article 56 (1) 14 of the Act to the commissioner of a regional police agency.
 Article 34 (Request for Probation Orders and Direction of Execution)
(1) When a public prosecutor requests a probation order pursuant to Article 61 (1) of the Act, he/she shall state the following matters in a written request:
1. The name, resident registration number, occupation, residence, permanent domicile address and name of the offense;
2. The fact that constitutes a cause of request;
3. Applicable legal provisions.
(2) Where a public prosecutor requests a probation order while instituting a public prosecution simultaneously, the additional statement of matters referred to in paragraph (1) 2 and 3 in a written arraignment may replace a written request for a probation order.
(3) If a probationary sentence is determined, a public prosecutor shall send a document without delay directing the execution of a probation order to the head of a probation office having jurisdiction over the domicile of a person upon whom a probationary sentence is imposed along with a transcript copy of the written judgment.
 Article 35 (Investigations)
(1) When a court requests the head of a probation office (including a branch of the probation office; hereinafter the same shall apply) to conduct an investigation pursuant to Article 61 (4) of the Act, it shall notify him/her of personal matters of the relevant defendant and the essential facts of the crime. In such cases, it may also send background information if necessary.
(2) The head of a probation office requested to conduct an investigation pursuant to paragraph (1) may request the head of a prison, juvenile correctional institutions, detention center, military prison or the chief of a police station to provide cooperation necessary for the investigation. In such cases, the head of an institution in receipt of a request shall provide cooperation as requested unless there is a compelling reason not to do so.
 Article 36 (Application for Extension of Period of Probation)
(1) Where the head of a probation office makes an application for an extension of a period of probation pursuant to Article 62 (1) of the Act, he/she shall make a written application, stating the following matters:
1. The name, resident registration number, domicile and occupation of a person who has received a probation order (hereinafter referred to as "person on probation");
2. The purport of an application;
3. A reason why an extension of a period of probation is required.
(2) When the head of a probation office makes an application pursuant to paragraph (1), he/she shall also submit data that may verify reasons for such application.
(3) In addition to matters prescribed by paragraphs (1) and (2), Article 18-2 (3) of the Enforcement Decree of the Act on the Probation and Electronic Monitoring of Specific Criminal Offenders shall apply mutatis mutandis to an extension of a period of probation.
 Article 37 (Duty to Report Persons on Probation)
(1) The term "matters prescribed by Presidential Decree" in Article 63 (1) of the Act means the following:
1. Address and contact details;
2. Occupational relations;
3. Family relations.
(2) The term "matters prescribed by Presidential Decree" in Article 63 (2) of the Act means the following matters:
1. Domicile;
2. Occupation;
3. A life plan;
4. Other matters necessary for the direction and supervision of a person placed on probation.
(3) The head of a prison, juvenile correctional institution, detention center, military prison or medical treatment and probation facility in receipt of a report under Article 63 (1) of the Act from a person placed on probation shall send a copy of the report to the head of a probation office having jurisdiction over the domicile of the person placed on probation by no later than five days before his/her release.
 Article 38 (Termination of Probation)
(1) The Probation Review Committee pursuant to Article 64 of the Act may determine the termination of probation ex officio or at the request of the head of a probation office.
(2) In addition to matters prescribed by paragraph (1), Article 16 (1) and Article 17 (1), (2) and (4) of the Enforcement Decree of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders shall apply mutatis mutandis to an application for, review of and determination on the termination of probation. In such cases, "the provisional cancellation of an order to attach an electronic device" shall be construed as "the termination of probation".
 Article 39 (Processing of Sensitive Information and Personally Identifiable Information)
(1) Where it is crucial to conduct the following affairs, the Minister of Education, the Minister of Culture, Sport and Tourism, the Minister of Health and Welfare, the Minister of Land, Infrastructure and Transport and the Commissioner General of Korean National Police Agency (including the Mayor/Do Governor, the head of a Si/Gun/Gu, the superintendent of education, the head of a district office of education and the commissioner of a regional police agency to whom his/her authority has been delegated pursuant to Article 33) may process data including criminal history records (hereafter in this Article referred to as "criminal history information") under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act, a resident registration number, passport number or alien registration number (hereafter in this Article referred to as "resident registration number, etc.") under subparagraph 1, 2 or 4 of Article 19 of the same Decree: <Amended by Presidential Decree No. 27639, Nov. 29, 2016>
1. Affairs concerning checking and verification of former sexual offenders under Article 57 (1) of the Act;
2. Affairs concerning the disclosure of checking and verification results under Article 57 (3) of the Act;
3. Affairs concerning a request to dismiss an employee and the closure of an institution, etc. related to children and juveniles, and a request for the cancellation of registration, permission, etc. under Article 58 of the Act;
4. Affairs concerning the imposition and collection of administrative fines (limited to resident registration number, etc.) under Article 67 of the Act.
(2) Where it is essential to conduct the following affairs, the Minister of Justice may process data including criminal history information, resident registration numbers, etc.: <Amended by Presidential Decree No. 27960, Mar. 27, 2017>
1. Affairs concerning services for the execution of an order to notify under Article 51 (2) and (3) of the Act;
2. Affairs concerning services for the execution of a disclosure order under Article 52 (2) of the Act;
3. Affairs concerning report of a person subject to probation under Article 63 (1) of the Act.
(3) Where it is crucial to conduct the following affairs, the Minister of Gender Equality and Family (including the head of an Eup/Myeon or the head of the community center of a Dong to whom the posting of notices on a billboard from the Minister of Gender Equality and Family has been delegated pursuant to Article 22, and the Mayor/Do Governor or the head of a Si/Gun/Gu to whom his/her authority has been delegated pursuant to Article 33) may process data including criminal history information, resident registration numbers, etc.: <Presidential Decree No. 27639, Nov. 29, 2016>
1. Affairs concerning the execution of orders to notify information under Article 51 of the Act;
2. Affairs concerning the execution of orders to disclose information under Article 52 of the Act and the operation and management of an exclusive web site for disclosed information under Article 19 of the Decree;
3. Affairs concerning checking and verification of former sexual offenders under Article 57 (1) of the Act;
4. Affairs concerning the disclosure of the outcomes of checking and verification under Article 57 (3) of the Act;
5. Affairs concerning requests to dismiss employees and the closure of institutions, etc. related to children and juveniles, and requests for the cancellation of registration, permission, etc. under Article 58 of the Act.
(4) Where it is crucial to conduct the following affairs, the Minister of Gender Equality and Family (including the head of a facility entrusted with education who is entrusted with the operation of educational programs, etc. pursuant to the latter part of Article (9) 2, and the Mayor/Do Governor or the head of a Si/Gun/Gu to whom the authority of the Minister of Gender Equality and Family has been delegated pursuant to Article 33) may process data including resident registration numbers, etc.: <Amended by Presidential Decree No. 27960, Mar. 27, 2017>
1. Affairs concerning the payment of monetary rewards under Article 59 of the Act;
2. Affairs concerning the imposition of administrative fines under Article 67 of the Act;
3. Affairs concerning notifications of the completion of educational programs, etc. by a child or juvenile involved under Article 10 (1);
4. Affairs concerning the receipt of notifications of the completion of educational programs, etc. by a child or juvenile involved and requests for notification under Article 10 (1) and (2) (only applicable where the head of a facility entrusted with education notifies the Minister of Gender Equality and Family);
5. Affairs concerning notifications of reports on the completion of educational programs, etc. by child or juvenile perpetrators under Article 13 (1) (only applicable where educational programs, etc. have been conducted in a facility recommended by the Minister of Gender Equality and Family).
(5) Where it is essential to conduct the following affairs, a public prosecutor may process data including resident registration numbers, etc.:
1. Affairs concerning the issuance of orders to children or juveniles involved under Article 39 (2) of the Act to participate in educational programs, etc.;
2. Affairs concerning requests for measures for victimized children, juveniles, etc. under Article 41 of the Act;
3. Affairs concerning requests for change of protective dispositions and termination thereof under Article 43 (1) of the Act;
4. Affairs concerning the issuance of orders to child or juvenile perpetrators under Article 44 (5) of the Act to participate in educational programs, etc.;
5. Affairs concerning the receipt of notifications of the completion of educational programs, etc. by children or juveniles involved and requests for notification under Article 10 (1) and (2);
6. Affairs concerning the cancellation of orders to children or juveniles involved under Article 10 (3) to participate in educational programs, etc.;
7. Affairs concerning the receipt of notifications of reports on completion of educational programs, etc. for child or juvenile perpetrators under Article 13 (1);
8. Affairs concerning the cancellation of orders to complete courses by child or juvenile perpetrators under Article 13 (2).
(6) Where it is crucial to conduct affairs concerning inquiries into sex offense history and replies thereto under Article 56 (2) and (3) of the Act, the head of a local government, the superintendent of education or the head of a district office of education, the head of institutions etc. related to children or juveniles, and the commissioner of a police agency having jurisdiction over approval for or reporting on the establishment or organization of institutions, etc. related to children or juveniles may process data, including information on sex offense history, resident registration numbers, etc. <Amended by Presidential Decree No. 26209, Apr. 20, 2015; Presidential Decree No. 27639, Nov. 29, 2016>
(7) Where it is essential to conduct affairs concerning notifications of reports on the completion of educational programs, etc. for child or juvenile perpetrators under Article 13 (1), a person who has conducted educational programs, etc. pursuant to Article 12 (2) 1 and 2 may process data including resident registration numbers, etc.
 Article 40 (Criteria for Imposition of Administrative Fines)
Criteria for the imposition of administrative fines under Article 67 of the Act shall be as specified in attached Table 4.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 19, 2013.
Article 2 (Applicability to Matters to Be Reported by Persons Placed on Probation)
The amended provisions of Article 37 (2) shall also apply to persons who make reports under Article 63 (2) of the Act after this Decree enters into force, who were released from custody before this Decree enters into force.
Article 3 (Transitional Measures concerning Administrative Fines)
Where criteria for the imposition of administrative fines are imposed regarding offenses committed before this Decree enters into force, the former provisions shall apply thereto.
ADDENDA <Presidential Decree No. 25932, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Article 2 (Transitional Measures concerning Submission of Operation Result)
Matters regarding quarterly operation results before this Decree enters into force shall be governed by the former provisions.
ADDENDUM <Presidential Decree No. 26209, Apr. 20, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 27215, Jun. 8, 2016>
This Decree shall enter into force on July 1, 2016.
ADDENDUM <Presidential Decree No. 27639, Nov. 29, 2016>
This Decree shall enter into force on November 30, 2016.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)