ENFORCEMENT DECREE OF THE ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF SEXUAL CRIMES
Wholly Amended by Presidential Decree No. 24550, May 31, 2013
Amended by Presidential Decree No. 24606, jun. 17, 2013
Presidential Decree No. 26057, Jan. 20, 2015
Presidential Decree No. 26327, jun. 22, 2015
Presidential Decree No. 28115, jun. 20, 2017
| Article 1-2 (Intrusion into Public Places with Intent to Satisfy Sexual Urges) |
| 4. | A changing room or bath room established in any of the following facilities: |
[This Article Newly Inserted by Presidential Decree No. 24606, Jun. 17, 2013]
| Article 2 (Formulation of Policies for Preventing Sex Offenders from Repeating Crimes) |
The Minister of Justice shall formulate policies for preventing sex offenders from recommitting a crime by developing programs, nurturing professional workforce, etc. necessary to implement an order to attend a course and an order to complete a sex offender treatment program prescribed in Article 16 (2) of the Act. <Amended by Presidential Decree No. 24606, Jun. 17, 2013>
| Article 3 (Details, etc. of Personal Information to Be Submitted) |
| (1) | Details of personal information (hereinafter referred to as “basic personal information”) to be submitted by a person subject to registration of personal information provided for in Article 42 (1) of the Act (hereinafter referred to as “person subject to registration”) pursuant to Article 43 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 26057, Jan. 20, 2015; Presidential Decree No. 26327, Jun. 22, 2015; Presidential Decree No. 28115, Jun. 20, 2017> |
| 1. | Name shall be indicated in Korean script and Chinese characters (limited to cases where a person subject to registration has a Chinese name), and in cases of a foreigner, it shall be written in Korean and English; |
| 2. | Resident registration number: Provided, That the following shall apply to foreigners, Korean nationals residing abroad defined in subparagraph 1 of Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans (limited to those who have not completed resident registration; hereinafter referred to as “Korean nationals residing abroad”), and foreign nationality Koreans defined in subparagraph 2 of the same Article (hereinafter referred to as “foreign nationality Koreans”): |
| (a) | Foreigners: Nationality, passport number, and alien registration number (in cases of foreigners without an alien registration number, their date of birth); |
| (b) | Korean nationals residing abroad: Passport number and the date of birth; |
| (c) | Foreign nationality Koreans: Nationality, passport number, and the report number of the domestic place of residence (in cases of foreign nationality Koreans without a report number of the domestic place of residence, their date of birth); |
| 3. | Address and actual domicile shall be indicated according to the following classifications: |
| 4. | Locations of job, workplace, etc.: The job, company name, and the address of workplace of a person subject to registration shall be indicated; |
| 5. | Contact information shall be reported according to the following classifications: |
| (a) | Telephone number: The telephone number of a dwelling place, mobile phone number, or other telephone numbers for contact; |
| (b) | Electronic mail address; |
| 6. | Body measurements (height and weight): The height shall be indicated in centimeters, and the weight in kilograms; |
| 7. | The registration number of vehicles owned: The registration number of all vehicles registered in the name of a person subject to registration shall be reported. |
| (2) | A person subject to registration shall submit his/her basic personal information and any changed information prescribed in Article 43 (3) of the Act (hereinafter referred to as “changed information”) by visiting, in person, to the head of the police office which has jurisdiction over his/her address or place of domicile (hereinafter referred to as the “head of the competent police office”): Provided, That when a person subject to registration is placed in a correctional institution or a medical treatment and custodial institution (hereinafter referred to as “correctional institution, etc.”), the submission shall be made to the head of the correctional institution or the head of the medical treatment and custodial institution (hereinafter referred to as "head of the correctional institution, etc."). <Amended by Presidential Decree No. 28115, Jun. 20, 2017> |
| (3) | Upon receipt of basic personal information and/or any changed information, the head of the competent police office or the head of the correctional institution, etc. shall verify the veracity of such information by reviewing the following related documents: <Presidential Decree No. 26057, Jan. 20, 2015; Presidential Decree No. 28115, Jun. 20, 2017> |
| 1. | Resident registration certificate (in cases of Korean nationals residing abroad, this refers to a passport), driver's license, or student's identification card; |
| 2. | Passport and alien registration card (limited to foreigners); |
| 4. | A certificate of employment. |
| (4) | Upon receipt of basic personal information and/or any changed information pursuant to paragraph (2), the head of the competent police office or the head of the correctional institution, etc. shall issue a written verification indicating the date and time of submission, without delay, after verifying that no required information is missing. In such cases, a notice describing the following matters shall be also issued: <Amended by Presidential Decree No. 28115, Jun. 20, 2017> |
| 2. | Matters relating to the duty to report at the time of entry into and departure from the Republic of Korea, etc. prescribed in Article 43-2 of the Act; |
| (5) | Where the head of the competent police office or the head of the correctional institution, etc. takes photographs of a person subject to registration under Article 43 (2) or (4) of the Act, he/she shall use a camera with a resolution of at least six mega pixels and sufficient illumination to obtain a clear image, and store and preserve records thereof electronically by categorizing them into color bust photographs showing the front, left and right sides of, and a full-length color photograph of, the person subject to registration. In such cases, the file name of such electronic records shall be the name and date of birth of the person subject to registration. |
| (6) | The head of the correctional institution, etc. shall serve the electronic records of photographs of a person subject to registration taken pursuant to the proviso to Article 43 (4) of the Act, and a document describing the following matters, to the Minister of Justice by two months prior to the release of the person subject to registration: Provided, That where temporary release, temporary termination, or temporary discharge is to be executed in relation to a person subject to registration, they shall be served to the Minister of Justice by five days prior to his/her release: |
| 1. | The date planned for the release of a person subject to registration; |
| 2. | The domicile of a person subject to registration after his/her release; |
| 3. | Grounds for the release of a person subject to registration. |
| (7) | Matters related to the format to be used when submitting basic personal information and changed information, a written confirmation of the submission of personal information, and others shall be prescribed by Ordinance of the Ministry of Justice. <Amended by Presidential Decree No. 28115, Jun. 20, 2017> |
| Article 4 (Service of Personal Information) |
Basic personal information and any changed information provided for in Article 43 (5) of the Act shall be served by registered mail, and electronic records shall be served using the information and communications network of administrative agencies, etc. <Amended by Presidential Decree No. 28115, Jun. 20, 2017>
| Article 4-2 (Report, etc. at Time of Entry into and Departure from Country) |
| (1) | In accordance with Article 43-2 (1) of the Act, where a person subject to registration intends to leave the Republic of Korea to stay in a foreign country for at least six months, he/she shall submit a departure report prescribed by Ordinance of the Ministry of Justice to the head of the competent police office prior to his/her departure from the country. |
| (2) | Where a person who has submitted a departure report pursuant to paragraph (1) decides not to leave the country due to changes in circumstances, etc. or becomes unable to return to the country by the scheduled date of entry after his/her departure, he/she shall inform it to the head of the competent police office without delay. |
| (3) | In accordance with Article 43-2 (2) of the Act, a person subject to registration shall submit an entry report prescribed by Ordinance of the Ministry of Justice to the head of the competent police office within 14 days from the date of his/her entry into the country: Provided, That where there is any special circumstance that makes such person unable to submit an entry report within the aforementioned period, he/she shall submit an entry report, attached with explanatory materials, within seven days from the date the relevant cause ceases to exist. |
| (4) | In accordance with Article 43-2 (3) of the Act, the head of the competent police office shall serve information concerning the entry into or departure from the country by a person subject to registration, including a departure report referred to in paragraph (1), an entry report referred to in paragraph (3), etc., by registered mail to the Minister of Justice. |
[This Article Newly Inserted by Presidential Decree No. 28115, Jun. 20, 2017]
| Article 5 (Registration, etc. of Personal Information) |
| (1) | After verifying the information served by the head of the competent police office or the head of the correctional institution, etc. pursuant to Article 43 (5) and (6) or 43-2 (3) of the Act and the information obtained from the heads of the relevant administrative agencies pursuant to the former part of Article 44 (4) of the Act, the Minister of Justice shall register such information in a register of registered information on sex offenders (hereinafter referred to as “register of registered information”). <Amended by Presidential Decree No. 28115, Jun. 20, 2017> |
| (2) | Details about information on a person subject to registration prescribed in the subparagraphs of Article 44 (1) of the Act shall be as follows: |
| 1. | Information on the personal history of sex crimes subject to registration: The following matters: |
| (a) | The date of judgement on a case subject to registration; |
| (b) | The adjudicating court; |
| (d) | The name of the crime; |
| (e) | The sentence pronounced and summary of details of the crime; |
| 2. | Previous convictions for sex crimes (the names and frequency of such crimes): The matters specified in the following: |
| (a) | The names of sex crimes that a person subject to registration is finally convicted of prior to the date of the final judgement of a case subject to registration; |
| (b) | The number of sex crimes that a person subject to registration is finally convicted of prior to the date of the final judgement of a case subject to registration; |
| (3) | Detailed matters concerning the form, methods for preparing the register of registered information, and others shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 5-2 (Methods, etc. for Inspecting Registered Information) |
| (2) | The registered information prescribed in paragraph (1) shall be inspected by no one other than a person subject to registration himself/herself. |
| (3) | The procedures, methods, etc. for accessing a criminal justice portal, and other matters necessary for inspecting registered information shall be determined by the Minister of Justice. |
[This Article Newly Inserted by Presidential Decree No. 28115, Jun. 20, 2017]
| Article 5-3 (Methods and Procedures for Notifying Registered Information) |
| (1) | Where a person subject to registration intends to apply for notification of his/her registered information pursuant to the proviso to Article 44 (2) of the Act or to withdraw such application, he/she shall submit a written application prescribed by Ordinance of the Ministry of Justice to the Minister of Justice by paying a visit in person or by registered mail. |
| (2) | Where the Minister of Justice intends to notify registered information pursuant to the proviso to Article 44 (2) of the Act or the latter part of paragraph (4) of the same Article, he/she shall make such notification by registered mail. |
[This Article Newly Inserted by Presidential Decree No. 28115, Jun. 20, 2017]
| Article 6 (Management of Registered Information) |
| (1) | Where it is necessary to verify the veracity and any change of the registered information of a person subject to registration under Article 45 (7) and (8) of the Act, the Minister of Justice may provide the head of the competent police office with the registered information of a person subject to registration. <Amended by Presidential Decree No. 28115, Jun. 20, 2017> |
| (2) | The methods, such as in-person meetings, referred to in Article 45 (7) of the Act shall include requiring a person subject to registration to be present at a police office. <Amended by Presidential Decree No. 28115, Jun. 20, 2017> |
| (3) | Upon receipt of the results of verification of the veracity, and any change of, the registered information of a person subject to registration from the head of the competent police office pursuant to Article 45 (7) and (8) of the Act, the Minister of Justice shall verify them and register any changed information in the register of registered information. <Amended by Presidential Decree No. 28115, Jun. 20, 2017> |
| Article 6-2 (Application, etc. for Exemption from Registration of Personal Information) |
| (1) | A person subject to registration, who intends to apply for exemption from registering his/her personal information pursuant to Article 45-2 (2) of the Act (hereinafter referred to as “applicant for exemption”), shall submit a written application prescribed by Ordinance of the Ministry of Justice to the Minister of Justice by paying a visit in person or by registered mail. |
| (2) | Upon receipt of the application for exemption from registering personal information from an applicant for exemption referred to in paragraph (1), the Minister of Justice shall verify whether the applicable period under the subparagraphs of Article 45-2 (2) of the Act has elapsed and whether the requirements for exemption prescribed in the subparagraphs of Article 45-2 (3) of the Act are satisfied, and determine whether to grant exemption from registering personal information within 20 days from the date of receipt of the application for exemption from registration. In such cases, the determination as to whether the applicable period under the subparagraphs of Article 45-2 (2) of the Act has elapsed shall be made based on the date of application for exemption from registration, and the determination as to whether the requirements for exemption prescribed in Article 45-2 (3) of the Act are met shall be made based on the date of determination of exemption from registration. |
| (3) | The Minister of Justice shall ensure that an applicant for exemption can use the information and communications network to review the outcome of the determination on whether he/she is to be exempted from registering his/her personal information: Provided, That the Minister of Justice, at the request of the applicant for exemption, shall notify him/her of it by registered mail. |
| (4) | Article 5-2 shall apply mutatis mutandis to the methods, etc. for reviewing the outcome of the application for exemption from registration prescribed in paragraph (3). |
[This Article Newly Inserted by Presidential Decree No. 28115, Jun. 20, 2017]
| Article 6-3 (Methods, etc. for Verifying Discard of Registered Information) |
[This Article Newly Inserted by Presidential Decree No. 28115, Jun. 20, 2017]
| Article 6-4 (Methods and Procedures for Notifying Discard of Registered Information) |
| (1) | Where a person subject to registration intends to apply for notification of discard of his/her registered information pursuant to the proviso to Article 45-3 (3) of the Act or to withdraw such application, he/she shall submit a written application prescribed by Ordinance of the Ministry of Justice to the Minister of Justice by paying a visit in person or by registered mail. |
| (2) | Where the Minister of Justice receives the application for notification on the discard of registered information pursuant to paragraph (1), he/she shall notify the relevant details by registered mail. |
| (3) | Where any personal information registered under the former part of Article 44 (4) of the Act is discarded pursuant to Article 45-3 (2) of the Act, the Minister of Justice shall notify such fact to the relevant person subject to registration by registered mail. |
[This Article Newly Inserted by Presidential Decree No. 28115, Jun. 20, 2017]
| Article 7 (Utilization, etc. of Registered Information) |
| (1) | The Minister of Justice may, in lieu of the distribution of registered information prescribed in Article 46 (1) of the Act, allow prosecutors or the heads of polices offices of various levels to access the information and communications network that he/she operates to view or print out any registered information. |
| (2) | Any registered information printed out pursuant to paragraph (1) shall be discarded immediately when the purpose of its use is fulfilled or when the registration of personal information is terminated pursuant to Article 45-3 (1) of the Act. <Amended by Presidential Decree No. 28115, Jun. 20, 2017> |
| Article 8 (Service of Registered Information) |
| (1) | Upon registering information necessary for disclosing or notifying registered information pursuant to Article 47 (3) or 49 (3) of the Act (including any changed information registered in the register of registered information under Article 6 (3)), the Minister of Justice shall send such information to the Minister of Gender Equality and Family without delay. |
| (2) | Service of information prescribed in paragraph (1) shall be effected by using the information and communications network of an administrative agency, etc. |
| Article 9 (Management of Sensitive Information and Personally Identifiable Information) |
| 3. | Duties necessary to conduct the duties specified in subparagraph 1 or 2. |
| (2) | The Minister of Justice, the Minister of Gender Equality and Family, a prosecutor, the head of the competent police office, the heads of police offices of various levels, the head of the correctional institution, etc., the head of an administrative agency concerned, or a judicial police officer may manage information on health and sexual life prescribed in Article 23 of the Personal Information Protection Act, genetic information and information constituting a criminal history record referred to in subparagraphs 1 and 2 of Article 18 of the Enforcement Decree of the same Act, and data containing resident registration numbers, passport numbers, driver's license numbers or alien registration numbers referred to in Article 19 of the same Enforcement Decree, if essential in conducting the following duties: <Amended by Presidential Decree No. 28115, Jun. 20, 2017> |
| 2. | Duties related to the duty to report at the time of entry into and departure from the country, etc. prescribed in Article 43-2 of the Act; |
| 3. | Duties related to registering personal information of a person subject to registration, etc. prescribed in Article 44 of the Act; |
| 10. | Duties necessary to conduct the duties prescribed in subparagraphs 1 through 9. |
| (3) | A public defender referred to in Article 27 (6) of the Act or an intermediary referred to in Article 35 of the Act may manage data containing personal information provided for in paragraph (2), if essential in conducting the following duties: |
| 2. | Mediating or assisting with, communication by an intermediary referred to in Article 35 of the Act for the victim of a sexual crime; |
| 3. | Duties necessary to conduct the duties specified in subparagraph 1 or 2. |
| Article 10 (Criteria for Imposition of Administrative Fines) |
The criteria for imposing administrative fines referred to in Article 52 (2) of the Act shall be as described in the attached Table. [This Article Newly Inserted by Presidential Decree No. 28115, Jun. 20, 2017]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 19, 2013.
Article 2 (Special Cases concerning Notifying Request for Order to Disclose Information, etc. to Persons Subject to Special Cases concerning Registration, Disclosure, etc. of Personal Information)
Where a prosecutor requests an order to disclose information or an order to notify information in relation to a person subject to special cases under Article 7 (2) of the Addenda of the Act on Special Cases concerning the Punishment, Etc. of Sexual Crime wholly amended by Act No. 11556, he/she shall, without delay, give a written notice to a person subject to request of the fact that such request has been filed. Article 3 Omitted.
ADDENDUM <Presidential Decree No. 24606, Jun. 17, 2013>
This Decree shall enter into force on June 19, 2013.
ADDENDUM <Presidential Decree No. 26057, Jan. 20, 2015>
This Decree shall enter into force on January 22, 2015.
ADDENDUM <Presidential Decree No. 26327, Jun. 22, 2015>
This Decree shall enter into force on July 1, 2015.
ADDENDUM <Presidential Decree No. 28115, Jun. 20, 2017>
This Decree shall enter into force on June 21, 2017.