ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF SEXUAL CRIMES
Act No. 10258, Apr. 15, 2010
Amended by Act No. 10567, Apr. 7, 2011
Act No. 11005, Aug. 4, 2011
Act No. 11048, Sep. 15, 2011
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure the safety of the life and body of those who have suffered sexual crimes and to contribute to the establishment of a healthy social order by prescribing special cases concerning the punishment of sexual crimes and the procedures therefor.
| (1) | The term "sexual crime" in this Act means any crime that falls under any of the following subparagraphs: |
| 2. | A crime under Article 288, 292 (limited to the crime of taking custody of or concealing a person who is kidnapped or sold in accordance with Article 288), 293 (limited to the habitually committed crime of taking custody of or concealing a person who is kidnapped or sold in accordance with Article 288 or transported pursuant to Article 289) or 294 (limited to an attempt to commit the crime of taking custody of or concealing a person kidnapped or sold in accordance with Article 288 among attempts to commit the crimes under Articles 288 and 292, and an attempt to commit the habitually committed crime of taking custody of or concealing a person kidnapped or sold in accordance with Article 288 among attempts to commit the habitually committed crimes under Article 293) of the Criminal Act which is committed for the purpose of engaging in an indecent act, sexual intercourse or prostitution among the crimes of kidnapping set forth in Chapter XXXI of Part II of the said Act; |
| (2) | Any crime referred to in any subparagraph of paragraph (1), subject to cumulative punishment pursuant to any other Act, shall be deemed a sexual crime. |
CHAPTER II SPECIAL CASES CONCERNING THE PUNISHMENT OF SEXUAL CRIMES AND PROCEDURES THEREFOR
| Article 3 (Aggravated Robbery, Rape, etc.) |
| Article 4 (Aggravated Rape, etc.) |
| (1) | A person who commits a crime prescribed in Article 297 of the Criminal Act, carrying any weapon or other dangerous object or jointly with any other person(s), shall be punished by imprisonment for life or for not less than five years. |
| (2) | A person who commits a crime prescribed in Article 298 of the Criminal Act in the manner under paragraph (1) shall be punished by imprisonment for a fixed term of not less than three years. |
| (3) | A person who commits a crime prescribed in Article 299 of the Criminal Act in the manner under paragraph (1) shall be punished according to the provisions of paragraph (1) or (2). |
| Article 5 (Rape, etc. through Abuse of Consanguineous or Marital Relationship) |
| (1) | A person who commits a crime prescribed in Article 297 of the Criminal Act by taking advantage of a consanguineous or marital relationship shall be punished by imprisonment for a fixed term of not less than seven years. |
| (2) | A person who commits a crime prescribed in Article 298 of the Criminal Act by taking advantage of a consanguineous or marital relationship shall be punished by imprisonment for a fixed term of not less than five years. |
| (3) | A person who commits a crime prescribed in Article 299 of the Criminal Act by taking advantage of a consanguineous or marital relationship shall be punished according to the provisions of paragraph (1) or (2). |
| (4) | The scope of consanguineous or marital relationships referred to in paragraphs (1) through (3) shall be limited to the consanguineous or marital relationship within the fourth degree. |
| (5) | A consanguineous or marital relationship under paragraphs (1) through (3) shall include a de facto relationship. |
| Article 6 (Rape of, or Indecent Acts by Compulsion against, Persons with Disability) |
| (1) | A person who commits a crime prescribed in Article 297 (Rape) of the Criminal Act against a female with physical or mental disability shall be punished by imprisonment for life or not less than seven years. |
| (2) | A person who, through violence or intimidation, commits an act falling under any of the following against another person with physical or mental disability shall be punished by imprisonment for a fixed term of not less than five years: |
| 1. | Inserting the genitals into the inner part of the other person's body (excluding genitals) such as the mouth or anus; |
| 2. | Inserting part of the body (excluding genitals), such as fingers, or any object into the other person's genitals or anus. |
| (3) | A person who commits a crime prescribed in Article 298 (Indecent Act by Compulsion) of the Criminal Act against another person with physical or mental disability shall be punished by imprisonment for a fixed term of not less than three years or by a fine of not less than 20 million but not more than 50 million won. |
| (4) | A person who commits a crime prescribed in Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion) of the Criminal Act against another person with physical or mental disability shall be punished by applying the provisions of paragraphs (1) through (3). |
| (5) | A person who, through fraudulent means or by a threat of force, has sexual intercourse with a female with physical or mental disability shall be punished by imprisonment for a fixed term of not less than five years. |
| (6) | A person who, through fraudulent means or by a threat of force, commits an indecent act against another person with physical or mental disability shall be punished by imprisonment for a fixed term of not less than one year or by a fine of not less than 10 million but not more than 30 million won. |
| (7) | In cases where the head or a staff member of a facility for protection and education, etc. of persons with disability commits any of the crimes prescribed in paragraphs (1) through (6) against a person with disability under his/her protection or supervision, the punishment shall be aggravated by up to one half of the punishment prescribed for the relevant crime. |
[This Article Wholly Amended by Act No. 11088, Nov. 17, 2011]
| Article 7 (Rape of, or Commission of Indecent Act by Force on, Minor under Age of 13) |
| (1) | A person who commits a crime prescribed in Article 297 (Rape) of the Criminal Act against a female under the age of 13 shall be punished by imprisonment for life or not less than ten years. <Amended by Act No. 11088, Nov. 17, 2011> |
| (2) | A person who, through violence or intimidation, commits an act falling under any of the following subparagraphs on another person under the age of 13 shall be punished by imprisonment for a fixed term of not less than seven years: |
| 1. | Inserting the genitals into the inner part of the other person's body (excluding genitals), such as the mouth or anus; |
| 2. | Inserting a part of the body (excluding genitals), such as fingers or implements into the other person's genitals or anus. |
| (3) | A person who commits a crime prescribed in Article 298 of the Criminal Act on another person under the age of 13 shall be punished by imprisonment for a fixed term of not less than five years or by a fine of not less than thirty but not more than fifty million won. |
| (4) | A person who commits a crime prescribed in Article 299 of the Criminal Act on another person under the age of 13 shall be punished according to the provisions of paragraphs (1) through (3). |
| (5) | A person who, through fraudulent means or by a threat of force, has sexual intercourse with a female under the age of 13 or commits an indecent act against another person under the age of 13 shall be punished by applying the provisions of paragraphs (1) through (3). <Amended by Act No. 11088, Nov. 17, 2011> |
| Article 8 (Bodily Injury Associated with or Resulting from Rape, Etc.) |
| (1) | A person who commits a crime prescribed in Article 3 (1), 4, 6, 7 or 14 (limited to an attempted criminal under Article 3 (1), 4, 6 or 7) and who also injures or causes injury to another person shall be punished by imprisonment for life or not less than ten years. |
| (2) | A person who commits a crime prescribed in Article 5 or 14 (limited to an attempted criminal under Article 5) and who also injures or causes injury to another person shall be punished by imprisonment for life or not less than seven years. |
[This Article Wholly Amended by Act No. 11088, Nov. 17, 2011]
| Article 9 (Rape-Murder, Etc. or Rape, Etc. Resulting in Death) |
| (2) | A person who commits a crime prescribed in Article 4, 5 or 14 (limited to an attempted criminal under Article 4 or 5) and who also causes death of another person shall be punished by imprisonment for life or not less than ten years. <Amended by Act No. 11088, Nov. 17, 2011> |
| (3) | A person who commits a crime prescribed in Article 6, 7 or 14 (limited to an attempted criminal under Article 6 or 7) and who also causes death of another person shall be punished by death or by imprisonment for life or not less than ten years. <Amended by Act No. 11088, Nov. 17, 2011> |
| Article 10 (Indecent Act through Abuse of Occupational Authority, etc.) |
| (1) | A person who, through fraudulent means or by a threat of force, commits an indecent act against another person who is under his/her protection or supervision by reason of his/her business, employment or other relationship shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won. |
| (2) | A person who commits an indecent act against another person held in his/her custody after being detained according to the provisions of any Act shall be punished by imprisonment for not more than three years or by a fine not exceeding fifteen million won. |
| (3) | Deleted. <By Act No. 11088, Nov. 17, 2011> |
| Article 11 (Indecent Act at Crowded Public Place) |
A person who commits an indecent act on another person in any public transportation vehicle, public performance or assembly place, or other crowded public place shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won.
| Article 12 (Obscene Act by Using Medium of Communication) |
A person who sends another person any words, sounds, writings, pictures, images or other things, which may cause a sense of sexual shame or aversion, through telephone, mail, computer or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual appetite, shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won.
| Article 13 (Taking Pictures by Using Camera, etc.) |
| (1) | A person who takes pictures of another person's body, which may cause any sexual stimulus or shame, against the latter's will by using a camera or other similar mechanism, or who distributes, sells, leases, or openly exhibits or screens such pictures so taken shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won. |
Crimes under Articles 10 (1), 11 and 12 shall be prosecuted only upon complaint.
| Article 16 (Concurrent Imposition of Punishment and Course Attendance Order, Etc.) |
| (1) | The court suspending sentence on a person who has committed a sexual crime may order him/her to be under probation for one year: Provided, That if the person who has committed a sexual crime is a juvenile, the court shall order probation against him/her without exception. |
| (2) | In cases where the court declares a person, who has committed a sexual crime, guilty (excluding cases where such sentence is suspended), it may order him/her to attend a course necessary to prevent recurrence of crime or complete a sex offender treatment program (hereinafter referred to as "program completion order") for certain hours not exceeding 300 hours, concurrently with such sentence: Provided, That the same shall not apply where the person is a person with mental disorder under Article 10 of the Criminal Act or there are special circumstances preventing imposition of the course attendance order or program completion order. <Amended by Act No. 10567, Apr. 7, 2011> |
| (3) | In cases where the court grants stay of execution of sentence to a person who has committed a sexual crime, it may impose probation or/and community service for a certain period not exceeding the period of stay, concurrently with a course attendance order under paragraph (2). <Newly Inserted by Act No. 10567, Apr. 7, 2011> |
| (4) | The program completion order under paragraph (2) shall be executed within the period of stay of execution, in case of stay of execution of sentence, within six months from the date on which the sentence becomes final and conclusive in case of punishment by a fine, or within the term of imprisonment in case of punishment equivalent to or severer than imprisonment: Provided, That such program completion order may not be imposed concurrently if the person who has committed a sexual crime has been imposed the course attendance order or program completion order under Article 13 of the Act on Protection of Children and Juveniles from Sexual Abuse. <Newly Inserted by Act No. 10567, Apr. 7, 2011> |
| (5) | In cases where a program completion order under paragraph (2) is imposed concurrently with punishment by a fine or stay of execution of sentence, it shall be executed by the director of a probation office and, where imposed concurrently with punishment equivalent to or severer than imprisonment, it shall be executed by the director of a correctional facility: Provided, That in cases where the person is released or provisionally released from prison prior to fulfillment of the program completion order imposed concurrently with punishment equivalent to or severer than imprisonment, or execution of punishment became impossible for reasons such as inclusion of the number of days of detention pending a court decision, the remainder of such order shall be executed by the director of a probation office. <Newly Inserted by Act No. 10567, Apr. 7, 2011> |
| (6) | The content of the course attendance order or program completion order under paragraph (2) shall consist of the following: <Newly Inserted by Act No. 10567, Apr. 7, 2011> |
| 1. | Diagnosis of and consultation about a deviant abnormal behavior; |
| 2. | Education to promote a sound understanding of sex; |
| 3. | Other matters necessary to prevent recurrence of a crime by persons who have committed a sexual crime. |
| (7) | Any person who has committed a sexual crime and who is released on parole during the execution of the relevant sentence shall be subject to probation during the parole: Provided, That in cases where the administrative agency that has granted the parole deems it unnecessary to place him/her under probation, the same shall not apply. <Amended by Act No. 10567, Apr. 7, 2011> |
| (8) | With respect to the matters other than those prescribed by this Act, concerning probation, community service and course attendance, the Act on Probation, etc. shall be applicable mutatis mutandis. <Amended by Act No. 10567, Apr. 7, 2011> |
| Article 17 (Exception to Limitation of Complaints) |
| Article 18 (Period of Complaint) |
| (1) | With respect to any sexual crime subject to prosecution upon complaint, no complaint shall be filed after the lapse of one year from the date on which the identity of the offender becomes known, notwithstanding the provisions of Article 230 (1) of the Criminal Procedure Act: Provided, That if there is any extenuating circumstance preventing the filing of the complaint, the period shall run from the date on which the cause ceases to exist. |
| Article 19 (Special Cases for Provisions of the Criminal Act concerning Reduction of Sentence) |
| Article 20 (Special Cases for Commencement of Prescription of Public Prosecution) |
| (1) | The prescription of a public prosecution against a sexual crime committed on a minor shall commence from the date on which the minor who has suffered the sexual crime reaches his/her majority, notwithstanding the provisions of Article 252 (1) of the Criminal Procedure Act. |
| (2) | The prescription of public prosecution against a crime under subparagraphs 3 and 4 of Article 2 and Articles 3 through 9 of this Act shall be extended by ten years if there is any scientific evidence of such crimes, such as DNA. |
| Article 21 (Application Mutatis Mutandis of the Act on Special Cases concerning Punishment of Specific Violent Crimes) |
| Article 22 (Prohibition against Divulgence of Identity and Privacy of Victim) |
| (1) | No public official in charge of or participating in an investigation into or judgment on a sexual crime, shall disclose or divulge to another person the name, address, age, occupation, appearance or photograph of a victim nor any other personal matters by which it is possible to identify and ascertain the victim. |
| (2) | No one under paragraph (1) shall disclose or divulge to another person any privacy of a victim excluding the fact constituting the sexual crime which is requisite for prosecuting the offender. |
| (3) | No one shall publish in any publication, or open to the public by using any broadcast media or information and communications network, the personal details, photographs, etc. of a victim under paragraph (1) without obtaining the consent of the victim. |
| Article 23 (Disclosure of Face, etc. of Suspect) |
| (1) | If a public prosecutor or a judicial police officer has sufficient grounds to believe that the suspect of a sexual crime has committed such crime and deems it necessary solely in the public interest such as the guarantee of citizens' right-to-know, the prevention of a repeat offense of the suspect and the prevention of other similar crimes, he/she may disclose the name, face, age and other personal details of the suspect: Provided, That this shall not apply in cases where the suspect is a juvenile subject to the application of subparagraph 1 of Article 2 of the Juvenile Protection Act. <Amended by Act No. 11048, Sep. 15, 2011> |
| (2) | Disclosure under paragraph (1) shall be decided after careful consideration of the suspect's human rights, which shall not be abused. |
| Article 24 (Institution of Exclusive Investigation with respect to Victims of Sexual Crimes) |
| (1) | The Prosecutor General of the Public Prosecutor' Office shall have the superintendent public prosecutor of each district public prosecutor's office designate public prosecutors in exclusive charge of sexual crimes so that they may investigate the victims of such crimes unless any special reason exists to the contrary. |
| (2) | The Commissioner General of the National Police Agency shall have the chief of each police station designate judicial police officers in exclusive charge of sexual crimes so that they may investigate the victims of such crimes unless any special reason exists to the contrary. |
| (3) | The State shall conduct education on professional knowledge necessary for investigating sexual crimes, investigative methods for the protection of victims, etc. with respect to the public prosecutors and judicial police officers referred to in paragraphs (1) and (2). |
| Article 25 (Trial Division in Exclusive Charge of Sexual Crimes) |
The president of a district court or a higher court shall designate a trial division in exclusive charge of sexual crimes to render judgment on such crimes unless any special reason exists to the contrary.
| Article 26 (Taking and Keeping of Videos, etc.) |
| (1) | A public prosecutor or a judicial police officer shall be careful not to damage the character or honor of the victim of a sexual crime or infringe on the privacy of such victim in the process of his/her investigation by giving careful consideration to the age, mental state, aftermath injury, etc. of the said victim. |
| (2) | A public prosecutor or a judicial police officer shall, in investigating the victim of a sexual crime, prepare an environment in which the victim may make a statement in a relaxed state, and the number of investigations shall be limited to the minimum necessary. |
| (3) | In cases where the victim referred to in paragraph (1) is under the age of 16 or lacks ability in discerning things or making decisions due to any physical or mental impediment, the contents of the statement made by the victim and the process of investigation shall be videotaped by a video recording device such as a videotape recorder and kept: Provided, That in cases where the victim or his/her legal representative expresses his/her intention that it is not desired, no videotaping shall be made. |
| (4) | In cases where the statement made by a victim, which is recorded in the videotape referred to in paragraph (3), is authenticated for its formation by a statement of the victim or any other person having reliable relations with the victim, who was present in the process of the investigation, on the date when a trial is scheduled to be held or a trial is held, such videotape may be made evidence. |
| (5) | An investigative agency shall, upon a request by a victim meeting the requirements referred to in paragraph (3) or by his/her legal representative, deliver to the requesting person a copy of an investigation record prepared in the process of the videotaping. |
| (6) | No one shall be allowed to use a videotape recorded under paragraph (3) for any purpose other than the investigation or trial. |
| Article 27 (Trial Not Open to Public) |
| (1) | A court may decide not to open a trial on a sexual crime to the public to protect the privacy of the victim. |
| (2) | A victim of a sexual crime or his/her family member, who is summoned as a witness, may request not to open the examination of a witness to the public, on grounds of protection, etc. of privacy. |
| (3) | The presiding judge may, upon a request under paragraph (2), decide the method and place of the examination of a witness, such as whether the request is accepted, whether the examination of a witness is opened to the public, and examination at a place other than the court. |
| Article 28 (Seeking Professional Opinions) |
| (1) | Any court may seek opinions from any psychiatrist, psychologist, social welfare scholar and other related professionals about the mental and psychological state of any offender or any victim, the outcome of their diagnosis and the details of a statement made by the victim. <Amended by Act No. 11005, Aug. 4, 2011> |
| (2) | Any court shall, in investigating and trying any sexual crime case, take into account the professional opinions obtained pursuant to paragraph (1). |
| (3) | Any court shall select the professionals referred to in paragraph (1) from among those designated as candidates by the Minister of the National Court Administration. |
| (4) | The provisions of paragraphs (1) through (3) shall be applicable mutatis mutandis in cases where investigative agencies investigate sexual crimes: Provided, That in cases where a victim is under the age of 13 or lacks ability in discerning the things or making decisions due to any physical or mental impediment, the investigative agency shall seek opinions from related professionals about the mental and psychological state of the victim, the outcome of their diagnosis and the details of a statement made by the victim. |
| (5) | Where the provisions of paragraphs (1) through (3) apply mutatis mutandis in accordance with paragraph (4), the term "Minister of the National Court Administration" shall be read as "Prosecutor General of the Public Prosecutor' Office or Commissioner General of the National Police Agency". |
| Article 29 (Presence of Persons Having Reliable Relations) |
Where a court interrogates, as a witness, a victim of a crime provided for in any of Articles 3 through 8, 10 and 14 (excluding an attempt to commit a crime under Article 9), it shall, upon a request by the public prosecutor, the victim or his/her legal representative, allow the presence of a person having reliable relations with the victim, except where his/her presence may pose difficulties to the trial or otherwise there are any unavoidable circumstances. The same shall also apply where an investigative agency investigates the victim referred to in the former part.
| Article 30 (Interrogation of Witness by Means of Video and Other Relay Devices) |
| (1) | Where a court interrogates, as a witness, a victim of a crime provided for in any of Article 2 (1) 3 through 5, it may do so by means of video or other relay devices after hearing the opinion of the public prosecutor, the accused or the attorney-at-law involved in the case. |
| (2) | Necessary matters regarding the procedures, ways, etc. of interrogating the witness referred to in paragraph (1) shall be prescribed by the Supreme Court Regulations. |
| Article 31 (Special Cases for Preservation of Evidence) |
| (1) | Where any circumstances exist that make it significantly difficult for a victim to appear and give testimony on a trial date, the victim or his/her legal representative may, by explaining the grounds therefor, ask the public prosecutor who investigates the relevant sexual crime to make a request for the preservation of evidence under Article 184 (1) of the Criminal Procedure Act. In such cases, if the victim is under the conditions set forth in Article 26 (3), he/she shall be deemed to be subject to circumstances that make it significantly difficult for him/her to be present and testify on the trial date. |
| (2) | The public prosecutor who has received a request under paragraph (1) may request the preservation of evidence where any reasonable reason therefor exists. |
CHAPTER III REGISTRATION OF PERSONAL INFORMATION, DISCLOSURE OF REGISTERED INFORMATION, ETC.
| Article 32 (Persons Subject to Registration of Personal Information) |
| (1) | Any person who is finally declared guilty of committing a crime referred to in any of Articles 2 (1) 3 and 4 and (2) (limited to paragraph (1) 3 and 4 of the same Article), 3 through 10 and 14 (hereinafter referred to as "sexual crime subject to registration") or who is conclusively declared to be subject to a disclosure order pursuant to Article 37 (1) 2 shall be subject to registration of personal information (excluding those subject to registration of personal information under Article 33 of the Act on the Protection of Children and Juveniles from Sexual Abuse; hereinafter referred to as "person subject to registration"). |
| (2) | A court shall, when passing a sentence under paragraph (1) on a sex offender subject to registration, notify him/her of the fact that he/she is subject to registration and has the duty to submit his/her personal information pursuant to Article 33. |
| (3) | A court shall serve the Minister of Justice with the matters notified pursuant to paragraph (2) in writing accompanied by a certified copy of judgment under paragraph (1), within 14 days from the date on which the judgment becomes final and conclusive. |
[[Enforcement Date: Apr. 16, 2011]]
| Article 33 (Duty to Submit Personal Information) |
| (1) | Any person subject to registration shall submit his/her personal information provided for in the following subparagraphs to the head of a police office who has jurisdiction over his/her place of domicile (hereinafter referred to as "head of the competent police office") within 60 days from the date on which the judgment under Article 32 (1) becomes final and conclusive: Provided, That if a person subject to registration is placed in a correctional facility or a medical treatment and custody facility, he/she may submit his/her personal information to the head of the correctional facility or the head of the medical treatment and custody facility (hereinafter referred to as "head of the correctional facility, etc.") in lieu of the head of the competent police office: |
| 2. | Resident registration number; |
| 3. | Address and the actual place of residence; |
| 4. | Occupation and the place of work, etc.; |
| 5. | Information on physical build (height and weight); |
| 6. | Photograph (taken within six months before the date of registration); |
| 7. | Registration number of his/her vehicle. |
| (2) | Any person subject to registration shall, when a change is made to his/her personal information submitted pursuant to paragraph (1) (hereinafter referred to as "information submitted"), submit the cause and details of such change (hereinafter referred to as "changed information"), as prescribed in paragraph (1), within 30 days from the date on which the cause accrues: Provided, That with respect to the submission of a photograph, it shall be one newly taken for each additional year after the date of initial registration, and if the relevant person is placed in a correctional facility or a medical treatment and custody facility, one newly taken before he/she is released from the correctional facility or completes the medical treatment and custody, which shall be submitted to the head of the correctional facility, etc. |
| (3) | The head of the competent police office or correctional facility, etc. who receives the information submitted or changed by a person subject to registration shall promptly serve such information on the Minister of Justice. |
| (4) | Detailed procedures for and methods of the service and registration of the information submitted or changed shall be prescribed by Presidential Decree. |
[[Enforcement Date: Apr. 16, 2011]]
| Article 34 (Registration, etc. of Personal Information on Sex Offenders Subject to Registration) |
| (1) | The Minister of Justice shall register the information served pursuant to Article 33 (3) and the information on the personal history of sexual crimes subject to registration which are committed by persons subject to registration. |
| (2) | With respect to the information registered pursuant to paragraph (1) (hereinafter referred to as "registered information"), the Minister of Justice shall notify it to the person subject to such registration, specifying the date of registration. |
| (3) | The Minister of Justice may apply to the head of the administrative agency concerned for the information necessary for registration under paragraph (1). |
| (4) | If a person subject to registration fails to submit any information necessary for registration, or to submit any changed information, without any justifiable ground, the Minister of Justice may apply to the head of the administrative agency concerned for his/her personal information necessary for registration and then register the information so obtained. |
[[Enforcement Date: Apr. 16, 2011]]
| Article 35 (Management of Registered Information) |
| (1) | The Minister of Justice shall keep and manage any registered information for ten years from the date on which it is initially registered (referring to the date of registration notified to the person subject to registration). |
| (2) | The Minister of Justice shall eliminate any registered information immediately after the expiration of the period referred to in paragraph (1) (hereinafter referred to as "period of registration"), and notify such fact to the person subject to registration. In such cases, the period for which the person subject to registration is detained in a correctional facility for committing a sexual crime which has given rise to such registration shall not be included in the period of registration. |
| (3) | The head of the competent police office shall ascertain whether registered information is changed, once a year during the period of registration. |
| Article 36 (Utilization, etc. of Registered Information) |
| (1) | The Minister of Justice may distribute registered information to public prosecutors and the heads of various levels of police offices to utilize it in preventing and investigating crimes associated with the sexual crimes subject to registration. |
| (2) | Matters regarding the procedures for distribution, management, etc. of registered information under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 37 (Disclosure of Registered Information) |
| (1) | A court shall, by ruling, issue an order to disclose personal information on a person falling under any of the following subparagraphs (excluding any person subject to the disclosure of personal information under Article 38 of the Act on the Protection of Children and Juveniles from Sexual Abuse; hereinafter referred to as "person subject to disclosure"), as described in paragraph (3), through information and communications networks for the period of registration (hereinafter referred to as "disclosure order"), while passing sentence upon the case of the sexual crime subject to registration: Provided, That the same shall not apply in cases where there are any special circumstances under which such personal information shall not be disclosed: |
| 1. | A sex offender subject to registration; |
| 2. | A person who is not punishable on the grounds under Article 10 (1) of the Criminal Act despite having committed a sexual crime subject to registration, but is in danger of repeating sexual crimes subject to registration. |
| (2) | The period for disclosure of registered information under paragraph (1) (it shall not exceed the period referred to in Article 7 of the Act on the Lapse of Criminal Sentences) shall run from when the ruling concerned becomes final and conclusive: Provided, That if a person subject to a disclosure order is sentenced to either imprisonment or medical treatment and custody, the said period shall run from when the execution of imprisonment or medical treatment and custody is completed or exempted in whole or in part. |
| (3) | Registered information subject to disclosure under paragraph (1) (hereinafter referred to as "information subject to disclosure") shall be as follows: |
| 3. | Address and the actual place of residence (within the limits of City/Do, Gun/Gu, and Eup/Myeon/Dong); |
| 4. | Physical build (height and weight) |
| 6. | Gist of sexual crime subject to registration. |
| (4) | The detailed form and contents of information subject to disclosure shall be prescribed by Presidential Decree. |
| (5) | Any person who intends to have access to information subject to disclosure using any information and communications network shall undergo the process for verification of his/her actual name, proving that he/she has reached the age of majority pursuant to Article 4 of the Civil Act. |
| (6) | Detailed methods of and procedures for the verification of actual names, the prevention of the divulgence of information subject to disclosure, and the management of such information shall be prescribed by Presidential Decree. |
| Article 38 (Execution of Disclosure Orders) |
| (1) | Disclosure orders shall be executed by the Minister of Justice by means of information and communications networks. |
| (2) | Where a ruling referred to in Article 37 becomes final and conclusive, a court shall immediately serve a certified copy of such ruling on the Minister of Justice. |
| (3) | Detailed matters regarding the execution and management of disclosure orders, procedures for disclosure, etc. shall be prescribed by Presidential Decree. |
| Article 39 (Observance of Secrecy) |
Any person who is or was engaged in the affairs of registration, disclosure, preservation and management of personal information on the sex offenders subject to registration shall be prohibited from divulging any registered information learned while performing his/her duties.
| Article 40 (Prohibition against Abuse of Disclosed Information) |
| (1) | Disclosed information shall be used just for the purpose of identifying those who are likely to commit sexual crimes subject to registration, thereby ensuring protection against such sexual crimes. |
| (2) | No person accessing disclosed information shall perform any act referred to in any of the following subparagraphs, using such information: |
| 1. | Disclosure of such information by means of publications, such as newspapers and magazines, broadcasting or information and communications networks; |
| 2. | Alteration or deletion of such information. |
| (3) | No person accessing disclosed information shall discriminate against any person subject to disclosure by using such information for any purpose related to any of the following subparagraphs other than protection against sexual crimes subject to registration: |
| 2. | Use of houses or social welfare facilities; |
| 3. | Education and occupational training in educational institutions. |
| Article 41 (Notification of Registered Information) |
| (1) | The court shall issue, concurrently with a court decision on a case of a sexual crime subject to registration, an order (hereinafter referred to as "notification order"), against a person falling under any of the following among the persons subject to disclosure (hereinafter referred to as "person subject to notification), to notify the information to be notified under paragraph (3) to residents of Eup, Myeon orDongwherein the person subject to notification resides, the principals of kindergartens under the Early Childhood Education Act and the principals of schools under Article 2 of the Elementary and Secondary Education Act, during the period of the disclosure order under Article 37: Provided, That the same shall not apply in cases where there are any special circumstances under which such information shall not be disclosed: <Amended by Act No. 11162, Jan. 17, 2012> |
| 1. | A person who has committed a sexual crime subject to registration; |
| 2. | A person who is not punishable on the grounds under Article 10 (1) of the Criminal Act despite having committed a sexual crime subject to registration, but is in danger of repeating sexual crimes subject to registration. |
| (2) | A notification order under paragraph (1) shall be issued within the period referred to in any of the following subparagraphs: |
| 1. | For a person subject to notification who is sentenced to a stay of execution of imprisonment, within one month from the date on which his/her personal information is initially registered; |
| 2. | For a person subject to notification who is sentenced to imprisonment without labor or a heavier penalty, within one month from the date on which he/she moves into his/her place of residence after being released from prison; |
| 3. | For a person subject to notification who moves to another area, within one month from the date on which his/her changed information is registered. |
| (3) | The information to be notified pursuant to paragraph (1) shall be as follows: |
| 1. | For a person subject to notification who already resides or takes up occupancy, the information subject to disclosure under Article 37 (3): Provided, That the address and actual place of residence under Article 37 (3) 3 shall include the full address; |
| 2. | For a person subject to notification who moves to another area, the information to be notified pursuant to subparagraph 1 and the information on the moving-out of the relevant person. |
| (4) | Any person who is sentenced to a notification order under paragraph (1) shall be deemed to be subject to a disclosure order under Article 37 (1). |
| Article 42 (Execution of Notification Orders) |
| (1) | Notification orders shall be executed by the Minister of Justice. |
| (2) | When a ruling to issue a notification order becomes final and conclusive, a court shall immediately serve a certified copy of such ruling on the Minister of Justice. |
| (3) | The Minister of Justice may delegate affairs relating to the sending of information to be notified under Article 41 (3) by mail among those concerning the execution of notification orders to the heads of Eups, Myeons and Dongs wherein those subject to such notification actually reside. |
| (5) | Necessary matters regarding the execution of notification orders, notification procedures, etc. shall be prescribed by Ordinance of the Ministry of Justice. |
CHAPTER IV PENAL PROVISIONS
| Article 43 (Penal Provisions) |
| (1) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding fifty million won: <<Enforcement Date: Apr. 16, 2011>> |
| 1. | A person who divulges any registered information learned in the course of performing his/her duties, in violation of Article 39; |
| 3. | A person who alters or deletes any registered information without any authority. |
| (2) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won: |
| 1. | A person who violates the duty not to divulge information on the identity and privacy of a victim under Article 22 (1) or (2); |
| 2. | A person who discloses the personal details, photographs, etc. of a victim, in violation of Article 22 (3). |
| (3) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won: <<Enforcement Date: Apr. 16, 2011>> |
| 1. | A person subject to registration who fails to submit any information necessary for registration or any changed information without any justifiable ground, or submits any false information, in violation of Article 33 (1) or (2); |
| (4) | Crimes under paragraph (2) 2 shall not be prosecuted against the express objection of a victim. |
| (5) | In cases where a person, who has been imposed a program completion order under Article 16 (4) (excluding any person who has been imposed a program completion order concurrently with the stay of execution of sentence) and who has received a warning under the Act on Probation, Etc. or the Administration and Treatment of Correctional Institution Inmates Act as a result of failure to comply with instructions of the director of a probation office or the director of a correctional facility concerning fulfillment of the program completion order, again fails to comply with instructions concerning fulfillment of the program completion order without justifiable grounds, either of the following shall apply: <Newly Inserted by Act No. 10567, Apr. 7, 2011> |
| 1. | In cases where such order is imposed concurrently with punishment by a fine, he/she shall be subject to a fine not exceeding five million won; |
| 2. | In cases where such order is imposed concurrently with punishment equivalent to or severer than imprisonment, he/she shall be subject to imprisonment for not more than one year or a fine not exceeding five million won. |
| Article 44 (Joint Penal Provisions) |
If a representative of a legal entity, or an agent, servant or other employee of a legal entity or individual, commits an offense set forth in Article 13 or 43 in relation to the business of the legal entity or individual, such legal entity or individual, in addition to the offender, shall be punished by a fine prescribed in the relevant provisions: Provided, That this shall not apply in cases where the legal entity or individual has not neglected to supervise that business with due care to prevent such offense.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the provisions of Articles 32 through 42 and 43 (1) and (3) shall take effect one year after the date of its promulgation. Article 2 (Applicability to Registration, Disclosure, etc. of Personal Information)
| (1) | The provisions of Articles 32 through 36 shall apply to those who are finally declared guilty on or after the date the said Articles enter into force. |
| (2) | The provisions of Articles 37, 38, 41 and 42 shall apply to those declared to be subject to the disclosure or notification of registered information on or after the date the said Articles enter into force. |
Article 3 (Applicability to Commencement of Prescription of Public Prosecution)
The provisions of Article 20 shall also apply to any sexual crime that is committed prior to the date this Act enters into force and for which the prescription of public prosecution remains incomplete. Article 4 (Transitional Measures concerning Penal Provisions)
In the application of penal provisions to any offense committed prior to the date this Act enters into force, the former Act on the Punishment of Sexual Crimes and Protection of Victims thereof shall prevail.
Article 5 Omitted.
Article 6 (Relationship to Other Acts and Subordinate Statutes)
If the former Act on the Punishment of Sexual Crimes and Protection of Victims thereof, or the provisions thereof, are cited in other Acts and subordinate statutes as at the time this Act enters into force, and if there are any provisions corresponding thereto in this Act, this Act or the corresponding provisions hereof in lieu of the former Act on the Punishment of Sexual Crimes and Protection of Victims thereof or the provisions thereof shall be deemed to be cited.
ADDENDA<Act No. 10567, Apr. 7, 2011>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Concurrent Imposition, Etc. of Punishment and Course Attendance Orders) The amended provisions of Article 16 shall apply from the first person committing a sexual crime after enforcement of this Act. |
ADDENDA<Act No. 11005, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso omitted.)
Articles 2 through 4 Omitted.
ADDENDA<Act No. 11048, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso omitted.)
Articles 2 through 5 Omitted.
ADDENDUM<Act No. 11088, Nov. 17, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 11162, Jan. 17, 2012>
This Act shall enter into force on March 16, 2012.