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ACT ON THE PREVENTION OF COMMERCIAL SEX ACTS AND PROTECTION, ETC. OF VICTIMS

Wholly Amended by Act No. 12550, Mar. 27, 2014

Amended by Act No. 12698, May 28, 2015

Act No. 14062, Mar. 2, 2016

Act No. 14442, Dec. 20, 2016

Act No. 15450, Mar. 13, 2018

Act No. 15590, Apr. 17, 2018

 Article 1 (Purpose)
The purpose of this Act is to prevent commercial sex acts, protect victims of commercial sex acts and persons in commercial sex acts, and to assist them in the recovery from victimization, self-reliance, and self-support.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "commercial sex acts" means an act defined under Article 2 (1) 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.;
2. The term "arrangement of commercial sex acts" means an act defined under Article 2 (1) 2 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.;
3. The term "human trafficking for the purpose of commercial sex acts" means an act defined under Article 2 (1) 3 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.;
4. The term "victim of commercial sex acts" means any of the persons defined under Article 2 (1) 4 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.;
5. The term "sexual bribery" means an act in which a person offers, arranges, or solicits sex to another person in a business relationship, in return for a deal or favor in business.
 Article 3 (Responsibilities of State, etc.)
(1) The State and local governments shall establish legal and institutional systems for the following activities and shall take administrative and financial measures necessary therefor in order to prevent commercial sex acts, protect victim of commercial sex acts, and person in commercial sex acts (hereinafter referred to as "victims of commercial sex acts"), and to assist them in the recovery from victimization, self-reliance, and self-support:
1. The establishment and operation of a system for reporting cases of commercial sex acts, arrangement of commercial sex acts, and human trafficking for the purpose of commercial sex acts;
2. Survey, research, education, publicity, revision of laws, and policy-making for the purpose of prevention of commercial sex acts, arrangement of commercial sex acts, and human trafficking for the purpose of commercial sex acts;
3. The establishment and operation of facilities (including facilities for foreigners) for the protection of victims of commercial sex acts and assistance in their self-reliance;
4. Assistance to the victims of commercial sex acts in housing, vocational training, legal aid, and other supportive services;
5. The establishment and operation of a system to cooperate among related institutions for more efficiency in the protection of, and assistance to, the victims of commercial sex acts;
6. The surveillance of hazardous environments to prevent commercial sex acts and arrangement of commercial sex acts.
(2) The State shall endeavor to promote international cooperation for the prevention of human trafficking for the purpose of commercial sex acts.
 Article 4 (Investigation into Status of Commercial Sex Acts)
(1) The Minister of Gender Equality and Family shall investigate the status of commercial sex acts domestically and overseas (including an investigation into the status of sexual bribery; the same shall apply hereinafter) every three years, publish a comprehensive report on the status of commercial sex acts, and utilize the report as basic data for formulating policies to prevent commercial sex acts.
(2) If the Minister of Gender Equality and Family deems it necessary for an investigation into the status of commercial sex acts under paragraph (1), he/she may request the head of a related central administrative agency, the head of a local government, or the head of a related organization to furnish him/her with data or to cooperate with him/her as necessary for conducting the investigation. In such cases, the person who has been requested to furnish data or cooperate shall comply with such request, unless there is a compelling reason not to do so.
(3) Matters necessary for the methods, scope, etc. of the survey on the status of commercial sex acts under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 5 (Educational Programs to Prevent Commercial Sex Acts)
(1) The heads of State agencies, local governments, elementary schools, middle schools, high schools, and other public organizations specified by Presidential Decree (hereinafter referred to as "State agencies, etc.") shall implement educational programs to prevent commercial sex acts in order to promote healthy values about sex, prevent commercial sex acts, and protect human rights, and shall submit a report on the outcomes thereof to the Minister of Gender Equality and Family.
(2) The educational programs referred to in paragraph (1) may be implemented from the view point of gender equality, combined with sex education and education to prevent sexual assault prescribed in Article 5 of the Sexual Violence Prevention and Victims Protection Act, education to prevent sexual harassment prescribed in Article 31 of the Framework Act on Gender Equality, and education to prevent domestic violence prescribed in Article 4-3 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims. <Amended by Act No. 12698, May 28, 2014>
(3) The Minister of Gender Equality and Family or a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) may conduct educational programs necessary to prevent commercial sex acts and human trafficking for the purpose of commercial sex acts and to protect human rights of victims of commercial sex acts for citizens who are not obliged to attend educational programs referred to in paragraph (1). In such cases, the Minister of Gender Equality and Family or the Mayor/Do Governor may entrust the educational affairs to a counseling center for victims of commercial sex acts pursuant to Article 17 or to an educational institution specified by Presidential Decree. <Amended by Act No. 15590, Apr. 17, 2018>
(4) In order to effectively provide education prescribed in paragraphs (1) and (2), the Minister of Gender Equality and Family shall train specialized instructors and develop and distribute educational programs.
(5) The Minister of Gender Equality and Family shall annually review the outcomes of educational programs to prevent commercial sex acts conducted by State agencies, etc. referred to in paragraph (1), as prescribed by Presidential Decree.
(6) If the Minister of Gender Equality and Family finds, as a result of the review conducted under paragraph (5), that education provided by State agencies, etc. is inadequate, he/she shall take necessary measures against the State agencies, etc., such as special education of officers in charge, as prescribed by Presidential Decree.
(7) The Minister of Gender Equality and Family may request the head of an institution or organization to reflect the outcomes of the review conducted under paragraph (5) in the following evaluations:
1. The internal evaluation of a central administrative agency or local government prescribed in Articles 14 (1) and 18 (1) of the Framework Act on Public Service Evaluation;
2. The evaluation of business performance of a public corporation or a quasi-governmental institution prescribed in Article 48 (1) of the Act on the Management of Public Institutions;
3. The evaluation of business management of a local public enterprise prescribed in Article 78 (1) of the Local Public Enterprises Act;
4. The evaluation of a school prescribed in Article 9 (2) of the Elementary and Secondary Education Act.
(8) The Minister of Gender Equality and Family shall publish the outcomes of a review referred to in paragraph (5) by mass media, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply where publication thereof is restricted by any other Act.
(9) Matters necessary for the curriculum and methods of the educational programs to prevent commercial sex acts prescribed in paragraph (1), the procedures for the submission of the outcomes thereof, etc. shall be prescribed by Presidential Decree.
 Article 6 (Production, Distribution, and Transmission of Promotional Videos for Prevention of Commercial Sex Acts)
(1) The Minister of Gender Equality and Family shall produce promotional videos for preventing commercial sex acts, arrangement of commercial sex acts, and human trafficking for the purpose of commercial sex acts, and assisting victims of commercial sex acts, and shall distribute the videos to the broadcasting companies referred to in subparagraph 3 of Article 2 of the Broadcasting Act.
(2) The Minister of Gender Equality and Family may request terrestrial broadcasting companies referred to in subparagraph 3 (a) of Article 2 of the Broadcasting Act (hereinafter referred to as "broadcasting companies") to broadcast the promotional videos under paragraph (1) within the maximum ratio of noncommercial advertisements for public service specified by Presidential Decree under Article 73 (4) of the said Act through each channel.
(3) A broadcasting company may produce and broadcast promotional videos independently in addition to the promotional videos under paragraph (1). In such cases, it may request cooperation and assistance from the Minister of Gender Equality and Family as necessary.
 Article 7 (Week for Elimination of Commercial Sex Acts)
In order to raise awareness about the criminality of commercial sex acts and human trafficking for the purpose of commercial sex acts and to prevent such crimes, one week each year shall be designated as Week for Elimination of Commercial Sex Acts, as prescribed by Presidential Decree.
 Article 8 (Assistance to Victims of Commercial Sex Acts and their Families in Schooling)
(1) If a victim of commercial sex acts or any of his/her family members is a student of a school defined under Article 2 of the Elementary and Secondary Education Act but needs to be enrolled (including admission, re-admission, transfer, and transfer admission; hereinafter the same shall apply in this Article) in another school in any area other than the area in which the victim or the family member has his/her domicile, the State and the competent local government shall assist the victim or his/her family for enrollment without any trouble. In such cases, relevant persons and institutions assisting in enrollment shall take heed not to invade the privacy of the victim of commercial sex acts or his/her family.
(2) Matters necessary for assistance in schooling referred to in paragraph (1), including the calculation of the number of days of attendance, shall be prescribed by Presidential Decree.
 Article 9 (Categories of Support Facilities)
(1) Support facilities for victims of commercial sex acts (hereinafter referred to as "support facilities") shall be categorized as follows:
1. General support facility: A facility for providing victims of commercial sex actswith accommodation and meals and assisting them in achieving self-reliance during a period of not more than one year;
2. Support facility for juveniles: A facility for providing victims of commercial sex acts under 19 years of age with accommodations and meals and assisting them for self-reliance through schooling, education, etc. until they become 19 years of age;
3. Support facility for foreigners: A facility for providing foreign victims of commercial sex acts with accommodations and meals during a period not exceeding three months (or the relevant period, in cases falling under Article 11 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) and assisting them in returning home;
4. Group home facility for assistance in self-reliance: A facility for providing victims of commercial sex acts with accommodations, etc. and assisting them for self-reliance during a period not exceeding two years.
(2) The head of a general support facility may extend the period of support by not more than one year and six months, as prescribed by Ordinance of the Ministry of Gender Equality and Family.
(3) The head of a support facility for juveniles may extend the period of support by not more than two years, as prescribed by Ordinance of the Ministry of Gender Equality and Family.
(4) The head of a group home facility for assistance in self-reliance may extend the period of support by not more than two years, as prescribed by Ordinance of the Ministry of Gender Equality and Family.
(5) Notwithstanding the provisions of paragraphs (2) through (4), if a victim of commercial sex acts is a disabled person, as defined under Article 2 (2) of the Act on the Prohibition of Discrimination against Persons with Disabilities, Remedy against infringement of their rights, Etc, the period of support may be extended as required for recovery from victimization, as prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 10 (Establishment of Support Facilities)
(1) The State or a local government may establish and operate support facilities.
(2) If any person, other than the State or a local government, intends to establish and operate a support facility, he/she shall file a report thereon with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply). The same shall also apply where he/she intends to change any important matter, among those so reported, as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 15450, Mar. 13, 2018>
(3) Upon receipt of a report made under paragraph (2), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall give notice to the reporter of whether or not to accept such report or of an extension of the treatment period pursuant to the statutes governing the treatment of civil petitions, within 10 days (within five days for a report on change) from the date of receipt of the report. <Newly Inserted by Act No. 15450, Mar. 13, 2018>
(4) Matters necessary for the standards for establishing support facilities, the procedures for filing a report, the standards for the qualifications of employees, the number of employees, etc. shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 11 (Tasks of Support Facilities)
(1) Each general support facility shall perform the following tasks:
1. Provision of accomodations and meals;
2. Counseling services and medical treatment for psychological stability and recovery from victimization;
3. Assistance in medical services, such as the transfer of the victims of commercial sex acts to a medical institution for medical treatment and health care;
4. Accompanying the victims of commercial sex acts to an investigative agency for questioning and to a court for testimony;
5. Requesting cooperation and assistance from the Korea Legal Aid Corporation under Article 8 of the Legal Aid Act and other appropriate institutions;
6. Conducting educational programs for self-reliance and self-support and providing information about job opportunities;
7. Assistance in obtaining benefits under the statutes concerning social security, including the National Basic Living Security Act;
8. Technical education (including entrusted education);
9. Tasks entrusted to support facilities by other Acts;
10. Other tasks specified by Ordinance of the Ministry of Gender Equality and Family.
(2) A support facility for juveniles shall provide educational programs for admission to a school of higher grade or arrange enrollment in an educational institution in addition to the tasks specified in paragraph (1).
(3) A support facility for foreigners shall perform the tasks specified in paragraph (1) 1 through 5 and 9 and assist victims of commercial sex acts in returning home.
(4) A group home facility for assistance in self-reliance shall perform the following tasks:
1. Provision of accommodation;
2. Provision of information about job opportunities and the establishment of new business;
3. Other tasks specified by Ordinance of the Ministry of Gender Equality and Family as necessary to assist in adapting to society.
 Article 12 (Admission, etc. to Support Facilities)
(1) A person who intends to be admitted to a support facility shall observe the support facility's regulations on admission.
(2) A person who intends to use programs provided by a support facility shall observe the support facility's regulations on the use of the support facility.
(3) If a person who has been admitted to a support facility or uses a support facility fails to observe the regulations on admission or use, or conducts any act seriously harmful to the communal setting, the head of the support facility may expel the person from the facility, preclude him/her from using the facility, or take any other necessary measures.
(4) Matters necessary for the procedures for admission to support facilities, the procedures for the use of support facilities, the regulations on admission to support facilities, the regulations on the use of support facilities, etc. shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 13 (Operation of Support Facilities)
(1) The head of each support facility shall make best efforts to advocate the human rights of residents or users.
(2) The head of each support facility shall provide residents and users with counseling services, education, and information so that residents and users can learn abilities to adapt to society, and shall assist them as necessary for protecting residents and users from physical threats.
(3) The head of each support facility shall conduct a physical checkup on each resident for health care within one month from the admission date of the resident, and shall assist a resident in receiving medical benefits under the Medical Care Assistance Act and take other necessary measures, if the resident is diagnosed with any disease or disorder, and may request medical treatment for the resident to a medical institution, if necessary.
(4) Matters necessary for the methods and standards for operating support facilities shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 14 (Subsidization of Support Facilities for Care Expenses)
(1) If the State or a local government deems it necessary to protect victims of commercial sex acts admitted to a general support facility or a support facility for juveniles or foreigners, among the support facilities referred to in Article 9, it may grant the following care expenses to the head of the relevant support facility or the victims of commercial sex acts admitted to the support facility: Provided, That if the victims of commercial sex acts admitted to a support facility are entitled to subsidies under other statutes, such as the National Basic Living Security Act, the subsidies under this Act may be reduced by amount of the subsidies to which they are entitled:
1. The cost of living;
2. Subsidies for education of children;
3. Child care expenses;
4. Other expenses prescribed by Presidential Decree.
(2) Matters necessary for the methods and procedure for granting subsidies for the care expenses under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 15 (Establishment and Operation of Rehabilitation Support Center)
(1) The State or a local government may establish and operate a rehabilitation support center to assist victims of commercial sex acts, as necessary for recovery and self-reliance.
(2) If any person, other than the State or a local government, intends to establish and operate a rehabilitation support center, he/she shall file a report thereon with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, whoever is the competent authority. The same shall also apply where he/she intends to change any important matter, among those so reported, as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 15450, Mar. 13, 2018>
(3) Upon receipt of a report made under paragraph (2), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall give notice to the reporter of whether or not to accept such report or of an extension of the treatment period pursuant to the statutes governing the treatment of civil petitions, within 10 days (within five days for a report on change) from the date of receipt of such report. <Newly Inserted by Act No. 15450, Mar. 13, 2018>
(4) Every victim of commercial sex acts, as defined under this Act, may use a rehabilitation support center.
(5) Matters necessary for the standards and procedures for the establishment of rehabilitation support centers, the regulations on the use of such facilities, the standards for the qualifications of employees of such facilities, the number of employees, etc. shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 16 (Tasks of Rehabilitation Support Centers)
Each rehabilitation support center shall perform the following tasks:
1. The establishment and operation of workshops;
2. Employment and technical education (including entrusted education);
3. Provision of information about job opportunities and the establishment of new business;
4. Other tasks specified by Ordinance of the Ministry of Gender Equality and Family, which are necessary for assistance in adaptation to society.
 Article 17 (Establishment of Counseling Centers)
(1) The State or a local government may establish and operate counseling centers for victims of commercial sex acts (hereinafter referred to as "counseling centers").
(2) Any person, other than the State or a local government, who intends to establish and operate a counseling center shall file a report thereon with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, whoever is the competent authority. The same shall also apply where he/she intends to change any important matter, among those so reported, as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 15450, Mar. 13, 2018>
(3) Upon receipt of a report made under paragraph (2), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall give notice to the reporter of whether or not to accept such report or of an extension of the treatment period pursuant to the statutes governing the treatment of civil petitions, within 10 days (within five days for a report on change) from the date of receipt of such report. <Newly Inserted by Act No. 15450, Mar. 13, 2018>
(4) Each counseling center shall have counseling rooms and may have protection rooms for temporary protection of users.
(5) Matters necessary for the standards for establishing counseling centers, the procedures for filing a report on the establishment of a counseling center, the standards for operating a counseling center, the standards for the qualifications of counselors and other employees, and the number of counselors and other employees of a counseling center shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 18 (Tasks of Counseling Centers)
Each counseling center shall perform the following tasks:
1. Counseling services and site visits;
2. Notification concerning the use of a support facility and the transfer or referral to a support facility;
3. Rescue of victims of commercial sex acts;
4. Tasks specified in Article 11 (1) 3 through 5;
5. Publicity and education to prevent commercial sex acts;
6. Tasks entrusted to counseling centers under other Acts;
7. Tasks specified by Ordinance of the Ministry of Gender Equality and Family as measures for the protection of victims of commercial sex acts.
 Article 19 (Establishment, etc. of Central Support Center for Prevention of Commercial Sex Acts)
(1) The State may establish and operate a central support center for the prevention of commercial sex acts (hereinafter referred to as the "Central Support Center") so as to efficiently link and coordinate the systems for activities for the prevention of commercial sex acts and for delivering supportive services for victims of commercial sex acts.
(2) The Central Support Center shall perform the following tasks:
1. Establishing an integrated network of support facilities, rehabilitation support facilities, and counseling centers under this Act (hereinafter referred to as “counseling centers, etc.");
2. Establishing and operating a system to rescue victims of commercial sex acts and assisting activities for the rescue of victims of commercial sex acts;
3. Operating legal and medical aid teams and establishing systems for legal and medical aids;
4. Developing and distributing programs for the self-reliance and self-support of victims of commercial sex acts;
5. Conducting activities for the research and publicity of measures for assistance to victims of commercial sex acts;
6. Investigation into the status of commercial sex acts and research on measures to prevent commercial sex acts;
7. Developing educational programs to prevent commercial sex acts;
8. Educating employees of counseling centers, etc., training counselors, and developing and disseminating counseling skills;
9. Other matters specified by Ordinance of the Ministry of Gender Equality and Family.
(3) The operation of the Central Support Center may be entrusted to a non-profit corporation or organization, as prescribed by Ordinance of the Ministry of Gender Equality and Family.
(4) Other matters necessary for the organization and operation of the Central Support Center and the standards for the qualifications of employees of the Central Support Center shall be prescribed by Presidential Decree.
 Article 20 (Providing Continuing Education)
(1) The Minister of Gender Equality and Family or a Mayor/Do Governor shall provide continuing education so as to improve the quality of employees of counseling centers, etc. <Amended by Act No. 15590, Apr. 17, 2018>
(2) The Minister of Gender Equality and Family or a Mayor/Do Governor may entrust the continuing education referred to in paragraph (1) to the Central Support Center or specialized institutions specified by Presidential Decree.
(3) Matters necessary for the curriculum, period, methods, etc. of the continuing education referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 21 (Cooperation of Investigation Agencies)
(1) When the head of a counseling center deems it necessary to urgently rescue a victim of commercial sex acts, he/she may request the chief of the competent national police agency or station to dispatch subordinate police officers to escort staff members of the counseling center, and the head of the national police agency or station upon receipt of such request shall comply with the request, unless there is a compelling reason not to do so.
(2) When the head or a staff member of a counseling center intends to visit or enter a scene of commercial sex acts, arrangement of commercial sex acts, or human trafficking for the purpose of commercial sex acts in order to prevent commercial sex acts, arrangement of commercial sex acts, or human trafficking for the purpose of commercial sex acts, the head of the counseling center may request cooperation from an investigation agency or administrative agency to perform his/her tasks smoothly.
 Article 22 (Respect for Intention of Victims of Commercial Sex Acts)
No head of a counseling center, etc. shall compel any victim of commercial sex acts to stay in a support facility or shall provide protection prescribed in Article 17 (4), against the will that the victim has expressly manifested. <Amended by Act No. 15450, Mar. 13, 2018>
 Article 23 (Subsidies for Medical Expenses)
(1) Where the head of a counseling center, etc. requests medical treatment, etc. to a medical institution under Article 13 (3) or 18 (4), the State or a local government may grant full or partial subsidies for medical expenses incurred in the items of treatment for which no benefits are paid under the Medical Care Assistance Act.
(2) Matters necessary for the scope and the procedures of the grant of such subsidies for medical expenses referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 24 (Designation, etc. of Primary Medical Institutions)
(1) The Minister of Gender Equality and Family or the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, whoever is the competent authority, may designate necessary medical institutions, such as primary medical institutions designated under Article 27 (1) of the Sexual Violence Prevention and Victims Protection Act, as medical institutions exclusive to medical treatment of victims of commercial sex acts.
(2) Upon receipt of a request from the head of a counseling center, etc., the primary medical institutions designated under paragraph (1) shall provide the following medical services:
1. Counseling and guidance for health of victims of commercial sex acts;
2. Medical treatment of victimization caused by commercial sex acts;
3. Other physical and mental treatments specified by Presidential Decree.
 Article 25 (Subsidies for Expenses)
(1) The State or a local government may grant subsidies for expenses incurred in the establishment and operation of counseling centers, etc.
(2) The State or a local government may grant subsidies to a non-profit corporation or organization that conducts activities for protecting and assisting victims of overseas commercial sex acts (referring to victims of commercial sex acts that occurs abroad), within budgetary limits, for expenses incurred in such activities.
(3) Matters necessary for the scope of the expenses subsidized under paragraph (1) shall be prescribed by Presidential Decree.
 Article 26 (Evaluation of Counseling Centers, etc.)
(1) The Minister of Gender Equality and Family may evaluate the operational results of counseling centers, etc. once every three years and may reflect the results in supervision and assistance.
(2) Matters necessary for the standards and methods for the evaluation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 27 (Guidance and Supervision)
(1) The Minister of Gender Equality and Family, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order the head of a counseling center, etc. to submit a report or data as necessary and may authorize the relevant public officials to enter a counseling center, etc. to inspect relevant documents, etc.
(2) Public officials who intend to enter a counseling center, etc. to conduct an inspection under paragraph (1) shall inform the head of the counseling center, etc. of the purposes, date, time, etc. of the visit and inspection before making an entry, and shall carry an identification certificate indicating his/her authority and show it to interested persons.
 Article 28 (Reporting on Permanent or Temporary Discontinuance, etc.)
(1) A person who intends to permanently or temporarily discontinue the operation of a counseling center, etc., the establishment of which has been reported under Article 10 (2), 15 (2), or 17 (2), or resume the operation of such counseling center, etc., shall file a report thereon with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, whoever is the competent authority, as prescribed by Ordinance of the Ministry of Gender Equality and Family.
(2) Upon receipt of a report on permanent or temporary discontinuance of operation of a counseling center, etc. prescribed in paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall examine such report, and if it conforms to this Act, he/she shall accept it. <Newly Inserted by Act No. 15450, Mar. 13, 2018>
(3) Where the operation of a counseling center, etc. is permanently or temporarily discontinued, the head of the counseling center, etc. shall take measures to protect the rights and interest of facility users, such as helping the facility users to be relocated to other facilities, as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Newly Inserted by Act No. 14062, Mar. 2, 2016>
(4) Upon receipt of a report on permanent or temporary discontinuance of operation of a counseling center, etc. prescribed in paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall take measures prescribed by the Ordinance of the Ministry of Gender Equality and Family, such as ascertaining whether the head of the relevant facility has taken measures to protect the rights and interest of facility users as specified in paragraph (3). <Newly Inserted by Act No. 14062, Mar. 2, 2016; Act No. 15450, Mar. 13, 2018>
 Article 29 (Prohibition of Operation for Profit)
No counseling center, etc. referred to in this Act shall be established or operated for profit.
 Article 30 (Duty of Confidentiality, etc.)
No person who is the current or former head or employee of a counseling center, etc. shall divulge confidential information which becomes known to him/her in the course of performing his/her duties.
 Article 31 (Closure, etc. of Counseling Centers, etc.)
(1) In any of the following cases, the Minister of Gender Equality and Family, a Mayor/Do Governor, or the head of a Si/Gun/Gu may issue an order to temporarily or permanently discontinue the operation of a counseling center, etc. or may close down a counseling center, etc.: <Amended by Act No. 15450, Mar. 13, 2018>
1. Where a counseling center, etc. fails to meet the standards for establishment prescribed in Article 10 (4), 15 (5), or 17 (5);
2. Where a counseling center, etc. fails to file a report under Article 27 (1) without good cause or files a false report;
3. Where a counseling center, etc. violates Article 29;
4. Where the head or employee of a counseling center, etc. commits a crime referred to in Article 2 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against any resident or user;
5. Where a counseling center, etc. falls under Article 40 (1) 3 or 4 of the Social Welfare Services Act;
6. Where a counseling center, etc. violates this Act or an order issued under this Act.
(2) When the Minister of Gender Equality and Family, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to issue an order to temporarily or permanently discontinue the operation of a counseling center, etc. or close down a counseling center, etc., he/she shall hold a hearing.
(3) Where the operation of a counseling center, etc. is temporarily or permanently discontinued or where a counseling center, etc. is closed down pursuant to paragraph (1), the Minister of Gender Equality and Family, a Mayor/Do Governor, or the head of a Si/Gun/Gu, shall take measures to protect the rights and interest of facility users, such as helping the facility users to be relocated to other facilities, as prescribed by the Ordinance of the Ministry of Gender Equality and Family. <Newly Inserted by Act No. 14062, Mar. 2, 2016>
(4) Matters necessary for the subcategories of, and standards for, dispositions prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 32 (Posting of Contact Information, etc. of Counseling Centers)
(1) The operator of food service business for which it is permitted to hire workers engaged in entertainment, among food service businesses under the Food Sanitation Act, or the operator of any business specified by Presidential Decree shall post a notice of the following matters at a place readily noticeable in its place of business:
1. Reporting commercial sex acts or arrangement of commercial sex acts;
2. Tasks and contact details of counseling centers for the protection of, and the assistance to, victims of commercial sex acts;
3. Nullity of claims based on an illegal cause of action under Article 10 (1) of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.;
4. Other matters specified by Presidential Decree.
(2) The size of the notice to be posted under paragraph (1), the places where such notice shall be posted, and other matters necessary for posting such notice shall be prescribed by Presidential Decree.
 Article 33 (Duty of Information and Communications Service Providers and On-line Service Providers)
(1) An information and communications service provider referred to in Article 2 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. or an online service provider referred to in subparagraph 30 of Article 2 of the Copyright Act, shall display matters specified in the following subparagraphs on the screen for conversations on the digital content specified by Presidential Decree, such as a web site or an application executed by a computer or a mobile communication terminal device, that has a function to allow at least two people to have realtime conversation via the information and communications network prescribed in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.: <Amended by Act No. 14442, Dec. 20, 2016; Act No. 15450, Mar. 13, 2018>
2. A warning that commercial sex acts are subject to punishment;
3. A notice of the monetary rewards granted for a report made under Article 59 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
4. A notice of the rewards granted for a report made under Article 28 (1) of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.;
5. Other matters prescribed by Presidential Decree.
(2) Matters necessary for the details and size of the notice referred to in paragraph (1) and the methods of displaying such notice shall be prescribed by Presidential Decree.
 Article 33-2 (Access and Guidance)
(1) If deemed necessary to prevent commercial sex acts and protect victims, etc. of commercial sex acts, the Minister of Gender Equality and Family, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, may have their subordinate public officials access the following places of business and provide guidance:
1. The following businesses in accordance with the Public Health Control Act:
(a) Business specified by Presidential Decree, among accommodations business;
(b) Business specified by Presidential Decree, among public bath business;
(c) Barber business;
2. Business specified by Presidential Decree, among food service business prescribed in the Food Sanitation Act;
3. Business determined by the Commission on Youth Protection established under Article 36 of the Juvenile Protection Act and published by the Minister of Gender Equality and Family, among business providing services whereby physical contact might occur between unspecified persons, intimate body parts might be exposed, or such other similar acts might be conducted.
(2) Each public official accessing and providing guidance pursuant to paragraph (1), shall carry a certificate indicating authority to do so and present it to interested parties.
[This Article Newly Inserted by Act No. 14442, Dec. 20, 2016]
 Article 34 (Delegation of Authority)
The Minister of Gender Equality and Family or a Mayor/Do Governor may partially delegate his/her authority bestowed by this Act to each Mayor/Do Governor or the head of each Si/Gun/Gu respectively, as prescribed by Presidential Decree.
 Article 35 (Special Cases concerning Use of Names)
(1) When a counseling center, etc. needs to use its name for the safety, schooling, employment, rehabilitation, or recovery from victimization, of victims of commercial sex acts under this Act, it shall use forms on which any other name is printed in order to prevent any stigma or damage caused to the victims by otherwise using the actual name of the counseling center, etc.
(2) The forms and procedures referred to in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
 Article 36 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 15450, Mar. 13, 2018>
1. A person who establishes or operates a support facility without filing a report thereon, in violation of the former part of Article 10 (2);
2. A person who establishes or operates a rehabilitation support center without filing a report thereon, in violation of the former part of Article 15 (2);
3. A person who establishes or operates a counseling center without filing a report thereon, in violation of the former part of Article 17 (2);
4. A person who violates Article 29 or 30;
5. A person who breaches an order issued under Article 31.
 Article 37 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or an individual commits an offense in violation of Article 36 in connection with the tasks of the corporation or individual, not only shall such offender be punished accordingly, but also the corporation or individual shall be punished by a fine prescribed in the relevant Article: Provided, That the foregoing shall not apply where the corporation or individual has not neglected due attention and supervision over the relevant business affairs to prevent such offense.
 Article 38 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won:
1. A person who refuses, interferes with, or evades the entry of a public official in charge for an inspection under Article 27 (1);
2. A person who fails to post a notice in violation of Article 32 or 33.
(2) Any person who fails to file a report in violation of Article 28 (1) shall be subject to an administrative fine not exceeding three million won. <Amended by Act No. 14062, Mar. 2, 2016>
(3) Administrative fines refereed to in under paragraphs (1) and (2) shall be imposed and collected by the Minister of Gender Equality and Family, each Mayor/Do Governor, or the head of each Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Duty of Information and Communications Service Providers and On-Line Service Providers)
The amended provisions of Article 33 shall also apply to the information and communications service providers and online service providers, who are providing relevant digital content as at the time this Act enters into force.
ADDENDA <Act No. 12698, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on Jul. 1, 2015.
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 14062, Mar. 2, 2016>
This Act shall enter into force six months after its promulgation.
ADDENDA <Act No. 14442, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Duty of Information and Communications Service Providers and On-line Service Providers)
The amended provisions of Article 33 (1) shall also apply to information and communications service providers and on-line service providers providing the relevant digital content as at the time this Act enters into force.
ADDENDA <Act No. 15450, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 28 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Reporting on Establishment of Counseling Centers, etc.)
The amended provisions of Articles 10 (3), 15 (3) and 17 (3) shall apply to a report on the establishment or change of a counseling center, etc. filed after this Act enters into force.
ADDENDUM <Act No. 15590, Apr. 17, 2018>
This Act shall enter into force on the date of its promulgation.