ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF CHILD ABUSE CRIMES
Act No. 12341, Jan. 28, 2014
Amended by Act No. 13426, Jul. 24, 2015
Act No. 13719, Jan. 6, 2016
Act No. 14172, May 29, 2016
Act No. 14224, May 29, 2016
Act No. 15255, Dec. 19, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect children and help them grow as sound members of society by prescribing special provisions on the punishment of crimes of child abuse and the procedures therefor, the procedures for protecting abused children, and protective orders against child abusers.
The terms used in this Act shall be defined as follows: <Amended by Act No. 13719, Jan. 6, 2016; Act No. 14172, May 29, 2016>
| 4. | The term “crime of child abuse” means any of the following child abuse crimes committed by a child’s protector: |
| (a) | Crimes falling under paragraphs (1) and (3) of Article 257 (Inflicting Bodily Injury to Other), paragraphs (1) (limited to a crime falling under Article 257 (1)) and (3) (limited to a crime falling under Article 257 (1) among the crimes under paragraph (1)) of Article 258-2 (Special Bodily Injury on Another) paragraph (1) of Article 260 (Crime of Violence), Article 261 (Special Violence), and Article 262 (Death or Injury Resulting from Violence) (limited to crimes that cause injury) among the crimes of inflicting bodily injury and violence set forth in Chapter XXV of Part II of the Criminal Act; |
| (b) | Crimes falling under paragraph (1) of Article 271 (Abandonment), Article 272 (Abandoning Baby), paragraph (1) of Article 273 (Cruelty to Another), Article 274 (Hard Labor by Child), and Article 275 (Death or Injury caused by Abandonment) (limited to crimes that cause injury) among the crimes of abandonment and maltreatment set forth in Chapter XXVIII of Part II of the Criminal Act; |
| (c) | Crimes falling under paragraph (1) of Article 276 (False Arrest and Illegal Confinement), paragraph (1) of Article 277 (Aggravated False Arrest and Aggravated Illegal Confinement), Article 278 (Special False Arrest or Illegal Confinement), Article 280 (Attempts), and Article 281 (Death or Injury caused by Arrest, Confinement, etc.) (limited to crimes that cause injury) among the crimes of false arrest and imprisonment set forth in Chapter XXIX of Part II of the Criminal Act; |
| (d) | Crimes falling under paragraph (1) of Article 283 (Intimidation), Article 284 (Special Intimidation), and Article 286 (Attempts) among the crimes of intimidation set forth in Chapter XXX of Part II of the Criminal Act; |
| (e) | Crimes falling under Article 287 (Kidnapping or Abduction of Minors), Article 288 (Kidnapping, Abduction, etc. for Purpose of Indecent Act, etc.), Article 289 (Trafficking in Persons), and Article 290 (Inflicting or Causing Bodily Injury of Another while in Kidnapping, Abduction, Trafficking in Persons, Transportation, etc.) among the crimes of trafficking in persons set forth in Chapter XXXI of Part II of the Criminal Act; |
| (f) | Crimes falling under Article 297 (Rape), Article 297-2 (Imitative Rape), Article 298 (Indecent Act by Compulsion), Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion), Article 300 (Attempts), Article 301 (Inflicting or Causing Bodily Injury of Another by Rape, etc.), Article 301-2 (Killing Another or Causing Death of Another by Rape, etc.), Article 302 (Sexual Intercourse with Minor, etc.), Article 303 (Sexual Intercourse by Abuse of Occupational Authority, etc.), and Article 305 (Sexual Intercourse or Indecent Conduct with Minor) among the crimes of rape and indecent conduct set forth in Chapter XXXII of Part II of the Criminal Act; |
| (g) | Crimes falling under Article 307 (Defamation), Article 309 (Defamation through Printed Materials), and Article 311 (Insult) among the crimes against reputation set forth in Chapter XXXIII of Part II of the Criminal Act; |
| (h) | Crimes falling under Article 321 (Illegal Search of Human Habitation and Body) among the crimes of intrusion upon a human habitation set forth in Chapter XXXVI of Part II of the Criminal Act; |
| (i) | Crimes falling under Article 324 (Coercion) and Article 324-5 (Attempts) (limited to crimes falling under Article 324) among the crimes of obstructing another from exercising his/her right set forth in Chapter XXXVII of Part II of the Criminal Act; |
| (j) | Crimes falling under Article 350 (Extortion), Article 350-2 (Special Extortion) and Article 352 (Attempts) (limited to crimes falling under Article 350 or 350-2) among the crimes of fraud and extortion set forth in Chapter XXXIX of Part II of the Criminal Act; |
| (k) | Crimes falling under Article 366 (Destruction and Damage, etc. of Property) among the crimes of destruction and damage set forth in Chapter XLII of Part II of the Criminal Act; |
| (l) | Crimes falling under subparagraphs of Article 71 (1) of the Child Welfare Act (excluding crimes falling under subparagraph 3); |
| (m) | Crimes falling under items (a) through (l), aggravatingly punished under other Acts; |
| (n) | Crimes falling under Article 4 (Death Resulting from Child Abuse), Article 5 (Abuse of and Aggravated Bodily Injury on Children), and Article 6 (Habitual Offenders); |
| 4-2. | The term “report, etc. of a crime of child abuse” means acts of providing clues to criminal investigations such as reporting, petition, and criminal complaint or accusation concerning a crime of child abuse, acts of making a statement or witness statement, or other acts of submitting materials, and the provision of information for arresting criminal offenders or other activities therefor; |
| 4-3. | The term “reporter, etc. of a crime of child abuse” means a person who makes a report, etc. of a crime of child abuse; |
| 5. | The term "child abuse offender" means a person who commits a crime of child abuse and his/her co-offenders; |
| 6. | The term "child victim" means a child who suffers direct damage from a crime of child abuse; |
| 7. | The term "child protection case" means a case subject to a protective order under Article 36 (1) (hereinafter referred to as “protective order”) due to a crime of child abuse; |
| 8. | The term "child victim protection order case" means a case subject to a child victim protection order under Article 47 due to a crime of child abuse; |
| 11. | The term "persons engaged in child welfare facilities" means those who take charge of the affairs related to counsel, guidance, medical treatment, and rearing of children, and other affairs related to child welfare at a child welfare facility. |
| Article 3 (Relationship to other Acts) |
CHAPTER II SPECIAL PROVISIONS ON PUNISHMENT OF CHILD ABUSE CRIMES
| Article 4 (Death Resulting from Child Abuse) |
A person who commits any of the child abuse crimes falling under subparagraph 4 (a) through (c) of Article 2 shall be punished by imprisonment with labor for life or for a limited term of at least five years if it results in the death of a child.
| Article 5 (Abuse of, and Aggravated Bodily Injury on, Children) |
A person who commits any of the child abuse crimes falling under subparagraph 4 (a) through (c) of Article 2 shall be punished by imprisonment with labor for at least three years if it results in danger to a child’s life or cripples a child or infects a child with an incurable or chronic disease.
| Article 6 (Habitual Offenders) |
A person who habitually commits any crime stipulated in subparagraph 4 (a) through (m) of Article 2 shall be subject to aggravated punishment up to 1/2 of the amount of punishment for such crime: Provided, That this shall not apply to habitual offenders subject to aggravated punishment under other Acts.
| Article 7 (Aggravated Punishment of Persons Engaged in Child Welfare Facilities, etc.) |
Where a person who has a duty to report child abuse under the subparagraphs of Article 10 (2) commits a crime of child abuse against a child under his/her protection, the punishment for such person shall be increased by 1/2 of the amount of punishment for such crime.
| Article 8 (Concurrent Imposition of Punishment and Lecture Attendance Order, etc.) |
| (1) | Where a court issues a child abuse offender a guilty verdict (excluding where such sentence is suspended), it may order him/her to attend a lecture aimed at preventing recommitment of a crime (referring to a lecture attendance order provided for in the Act on Probation, etc.; hereinafter the same shall apply) or to complete a child abuser treatment program (hereinafter referred to as "program completion order") for certain hours not exceeding 200 hours, concurrently with such sentence. |
| (2) | A lecture attendance order under paragraph (1) issued to a child abuse offender shall be imposed concurrently during the suspension of execution of punishment if a court declares the suspension of execution, and a program completion order shall be imposed concurrently when a court declares an actual sentence of punishment by a fine or imprisonment with labor. |
| (3) | Where a court grants the suspension of execution of sentence to a child abuse offender, it may concurrently impose probation or community service for a certain period not exceeding the period of suspension of execution, in addition to a lecture attendance order referred to in paragraph (1). |
| (4) | A lecture attendance order or a program completion order referred to in paragraph (1) shall be executed during the suspension of execution when the suspension of execution of sentence is granted, within six months from the date a sentence becomes final and conclusive when the punishment by a fine is declared, and during punishment when the actual punishment by imprisonment with labor is imposed. |
| (5) | Where a lecture attendance order or a program completion order referred to in paragraph (1) is imposed concurrently with the punishment by a fine or the suspension of execution of sentence, it shall be executed by the director of a probation office, and where it is imposed concurrently with the actual punishment by imprisonment with labor, it shall be executed by the director of a correctional facility: Provided, That where an offender is released or provisionally released from prison prior to the fulfillment of a program completion order imposed concurrently with the actual punishment by imprisonment with labor, or the execution of punishment becomes impossible for reasons, such as the 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. |
| (6) | The content of a lecture attendance order or a program completion order referred to in paragraph (1) shall consist of the following: |
| 1. | Diagnosis of and consultation about child abuse behaviors; |
| 2. | Education for developing an appropriate attitude as a protector; |
| 3. | Other matters necessary to prevent the recommitment of a crime by child abuse offenders. |
| (7) | With respect to the matters, other than those prescribed by this Act, concerning the probation, community service, lecture attendance order, or program completion order imposed concurrently with punishment, the Act on Probation, etc. shall apply mutatis mutandis. |
| Article 9 (Application for Loss of Parental Authority, etc.) |
| (1) | Where a child abuse offender commits any crime falling under Article 5 or 6, a prosecutor shall apply to a court for the adjudication of loss of parental authority under Article 924 of the Civil Act or for the trial for the replacement of a guardian under Article 940 of the same Act if the child abuse offender of a relevant case is a person having parental authority or guardian’s authority over a child victim: Provided, That this shall not apply where extenuating circumstances exist not to have the adjudication of loss of parental authority or the trial for the replacement of a guardian. |
| (2) | Where a prosecutor fails to file an application prescribed in paragraph (1), the head of a specialized child protection agency may request a prosecutor to file an application under paragraph (1). In such cases, a prosecutor in receipt of the request shall notify the result of handling the request to the head of a specialized child protection agency within 30 days from the date such request is received. |
| (3) | Where the head of a specialized child protection agency notified of the result of handling the request pursuant to the latter part of paragraph (2) has an objection thereto, he/she may file an application referred to in paragraph (1) directly to a court within 30 days from the date such notification is received. |
CHAPTER III SPECIAL PROVISIONS ON PROCEDURES FOR HANDLING CHILD ABUSE CRIMES
| Article 10 (Obligation to Report Child Abuse Crimes and Procedures therefor) |
| (1) | Any person who becomes aware of, or suspects, a crime of child abuse may report it to a specialized child protection agency or investigative agency. |
| (2) | When any of the following persons becomes aware of, or suspects, a crime of child abuse in the course of performing his/her duties, he/she shall immediately report it to a specialized child protection agency or investigative agency: <Amended by Act Nos. 14172 & 14224, May 29, 2016> |
| 1. | Heads and employees of foster home supporting centers; |
| 2. | Heads and employees (excluding the heads and employees of specialized child protection agencies) of child welfare facilities; |
| 14. | Deleted; <by Act No. 14172, May 29, 2016> |
| (3) | No one shall inform, disclose, or report to any third person, personal information of an informant provided for in paragraphs (1) and (2) or facts which can help any third person to recognize an informant. |
| Article 10-2 (Prohibition on Unfavorable Measures) |
No one shall take unfavorable measures against reporters, etc. of a child abuse crime on the ground of a reporting, etc. of such crime.
[This Article Newly Inserted by Act No. 14172, May 29, 2016]
| Article 10-3 (Protective Measures for Reporters, etc. of Crime of Child Abuse) |
[This Article Newly Inserted by Act No. 14172, May 29, 2016]
| Article 10-4 (Special Cases concerning Criminal Complaints) |
| (1) | A child victim or a legal representative thereof may file a criminal complaint against a person who has committed a child abuse. A relative of a child victim shall file a criminal complaint where a legal representative of the child victim is the child abuser or jointly has committed the child abuse with the child abuser. |
| (2) | Notwithstanding Article 224 of the Criminal Procedure Act, a child victim may also file a criminal complaint where the child abuser is his/her or his/her spouse’s lineal ascendent. The same shall apply where a legal representative files a criminal complaint. |
| (3) | Where a child victim has neither a legal representative nor a relative, if requested by any interested person, a prosecutor shall designate a person who can file a criminal complaint, within ten days. |
[This Article Newly Inserted by Act No. 14172, May 29, 2016]
| Article 11 (Moving to Scene of Crimes) |
| (1) | Upon receiving a report on a crime of child abuse, a judicial police officer or an employee of a specialized child protection agency shall move to the scene of the child abuse crime without delay. In such cases, the head of an investigative agency or the head of a specialized child protection agency may request accompanying each other, and the head of an investigative agency or the head of a specialized child protection agency in receipt of such request shall take measures to have a judicial police officer or employee under his/her control, accompany to the scene of the crime, unless good cause for not accepting the request exists. |
| (2) | A judicial police officer or an employee of a specialized child protection agency in receipt of a report on a crime of child abuse may access a place reported as the scene of the crime of child abuse to conduct an investigation about or ask questions to any persons concerned, including child, child abuse offender, etc.: Provided, That an employee of a specialized child protection agency shall conduct an investigation about or ask questions to any persons concerned, including a child abuse offender, etc. only to the extent necessary to protect a child victim only. |
| (3) | A judicial police officer or an employee of a specialized child protection agency who enters or leaves the scene of a crime or conducts an investigation under paragraph (2) shall carry with him/her a certificate evidencing his/her authority and present it to persons concerned. |
| (4) | As a judicial police officer or an employee of a specialized child protection agency who arrives at the scene of a crime pursuant to paragraph (1) conducts his/her duties under paragraph (2), no one shall obstruct the performance of such duties through force, threat, refusal of a site investigation, etc. |
| Article 12 (Emergency Measures concerning Child Victims) |
| (1) | A judicial police officer or an employee of a specialized child protection agency who moves to the scene of a crime of child abuse under Article 11 (1) or discovers the scene of a child abuse crime shall take the following measures (hereinafter referred to as “emergency measures”) without delay for the protection of a child victim. In such cases, the intent of a child victim shall be respected when the measure under subparagraph 3 is taken (Provided, That, this shall not apply in any extenuating circumstance, such as necessity of protecting a child victim): <Amended by Act No. 14172, May 29, 2016> |
| 1. | Stopping an act of a child abuse crime; |
| 2. | Isolating a child abuse offender from a child victim; |
| 3. | Delivering a child victim to protective facilities related to child abuse; |
| 4. | Delivering a child victim in need of emergency treatment to medical institutions. |
| (2) | A judicial police officer or an employee of a specialized child protection agency who protects a child victim after isolation or delivery under paragraph (1) 3 and 4 shall notify such fact, without delay, to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Governor of a Special Self-Governing Province, or the head of Si/Gun/Gu having jurisdiction over the protective facilities and medical facilities to which a child victim is delivered. <Amended by Act No. 14172, May 29, 2016> |
| (3) | No emergency measure prescribed in paragraph (1) 2 through 4 shall be taken for more than 72 hours: Provided, That where a prosecutor requests an ad hoc measure to be approved by a court under Article 15 (2), the implementation of an emergency measure shall be extended until a court makes a decision on the ad hoc measure. |
| (4) | Where a judicial police officer or an employee of a specialized child protection agency takes an emergency measure pursuant to paragraph (1), he/she shall prepare a report on results of emergency measures, and where an employee of a specialized child protection agency takes an emergency measure, the head of the specialized child protection agency shall send, without delay, a report on results of emergency measures prepared in this manner to the chief of the competent police station. |
| (5) | A report on results of emergency measures provided for in paragraph (4) shall include a summary of damage, a ground for an emergency measure, details of an emergency measure, etc. |
| (6) | As an employee of a specialized child protection agency or a judicial police officer conducts his/her duties pursuant to paragraph (1), no one shall obstruct the performance of such duties through force, threat, stopping an emergency measure, etc. |
| Article 13 (Urgent Ad Hoc Measures concerning Child Abuse Offenders) |
| (1) | Notwithstanding the emergency measures taken under Article 12 (1), when a crime of child abuse is likely to reoccur and it is impossible to wait for a decision on an ad hoc measure by a court prescribed in Article 19 (1) due to urgency, a judicial police officer may take any of the measures prescribed in Article 19 (1) 1 through 3, either ex officio or upon request of a child victim, his/her legal representative (excluding a child abuse offender; hereinafter the same shall apply), attorney-at-law (referring to an attorney-at-law prescribed in Article 16; hereinafter the same shall apply except for Articles 48 and 49), or the head of a specialized child protection agency. |
| (2) | When a judicial police officer takes a measure under paragraph (1) (hereinafter referred to as “urgent ad hoc measure”), he/she shall prepare a written decision on an urgent ad hoc measure promptly. |
| (3) | Each written decision on an urgent ad hoc measure prescribed in paragraph (2) shall include a summary of a relevant crime, a ground for urgent ad hoc measures, details of the urgent ad hod measures, etc. |
| Article 14 (Requests for Ad Hoc Measures) |
| (1) | Where a prosecutor deems that a crime of chid abuse is likely to recur, he/she may request an ad hoc measure prescribed in the subparagraphs of Article 19 (1) to a court, either ex officio or upon request of a judicial police officer or probation officer. |
| (2) | A child victim, his/her legal representative, attorney-at-law, or the head of a specialized child protection agency may request a prosecutor or judicial police officer to make a request or application for an ad hoc measure under paragraph (1), or present his/her opinions thereon. |
| (3) | Upon receipt of a request under paragraph (2), where a judicial police officer fails to make an application for an ad hoc measure prescribed in paragraph (1), he/she shall report the grounds therefor to the relevant prosecutor. |
| Article 15 (Requests for Ad Hoc Measures after Emergency Measures or Urgent Ad Hoc Measures) |
| (1) | When a judicial police officer takes emergency measures under Article 12 (1) 2 through 4 or urgent ad hoc measures under Article 13 (1), or is notified from the head of a specialized child protection agency that emergency measures under Article 12 (1) 2 through 4 have been taken, the judicial police officer shall request to a prosecutor for ad hoc measures prescribed in Article 19 without delay. |
| (2) | A prosecutor in receipt of a request referred to in paragraph (1) shall file a request for ad hoc measures within 72 hours from when an emergency measure is taken and within 48 hours from when an urgent ad hoc measure is performed. In such cases, a report on results of emergency measures prepared pursuant to Article 12 (4) and a written decision on an urgent ad hoc measure prepared pursuant to Article 13 (2) shall be attached to such request. |
| (3) | When a prosecutor does not file a request for an ad hoc measure under paragraph (2), or a court decides not to approve an ad hoc measure, a judicial police officer shall revoke the relevant urgent ad hoc measure promptly. |
| Article 16 (Special Cases concerning Appointment of Attorney-at-Laws for Child Victims) |
| Article 17 (Application Mutatis Mutandis) |
CHAPTER IV CHILD PROTECTION CASES
| Article 18 (Jurisdiction) |
| (1) | Child protection cases shall be under the jurisdiction of a family court having jurisdiction over the place of activities, residence, or current place of child abuse offenders: Provided, That child protection cases shall be under the jurisdiction of a local court of a relevant region (including its branch court; hereinafter the same shall apply) in cases of a region where no family court is established. |
| (2) | A child protection case shall be examined and ruled by a single judge (hereinafter referred to as "judge"). |
| Article 19 (Ad Hoc Measures concerning Child Abuse Offenders) |
| (1) | A judge may take any of the following measures (hereinafter referred to as “ad hoc measure”) against a child abuse offender by ruling, when deemed necessary to facilitate the investigation and examination of a child abuse crime or to protect a child victim: |
| 2. | Denial of access within 100 meters from the residence, school, or protective facilities of a child victim or his/her family members; |
| 4. | Restriction on or suspension of the exercise of parental authority or guardian’s authority; |
| 5. | Entrusting an offender to a specialized child protection agency, etc. for counseling and education; |
| 6. | Entrusting an offender to a medical institution or intermediate care center; |
| 7. | Confining an offender in a detention center or room of any police station. |
| (2) | Dispositions specified under paragraph (1) may be taken concurrently. |
| (3) | Where an emergency measure falling under Article 12 (1) 2 through 4 is taken in relation to a child victim, a judge shall determine whether to take an ad hoc measure within 24 hours from when an ad hod measure request is made. |
| (4) | No period for taking any ad hoc measure specified under paragraph (1) shall exceed two months: Provided, That a court may extend a period for ad hoc measures falling under paragraph (1) 1 through 3 on only two occasions and ad hoc measures falling under subparagraphs 4 through 7 of the same paragraph on only one occasion, by ruling within the respectively specified period, when deemed necessary to protect a child victim. |
| (5) | When a child abuse offender is entrusted under paragraph (1) 6, a court may assign necessary matters for the protection of a child abuse offender to the head of a medical institution, etc. |
| (6) | When a court intends to entrust a child abuse offender to a private medical institution, etc. operated under paragraph 1 (6), it shall first notify the head of such institution, etc. of matters to be assigned under paragraph (5), and obtain consent therefrom. |
| (7) | When a court decides to take an ad hoc measure pursuant to paragraph (1), it shall notify it to the relevant prosecutor, child victim, his/her legal representative, attorney-at-law, or the head of an institution protecting the child victim. |
| (8) | The head of a specialized child protection agency, etc. which offers counseling and education under paragraph (1) 5 shall submit a report on the results thereof to the relevant judge and prosecutor. |
| (9) | Standards for counseling centers, medical institutions, intermediate care centers, etc. to which a child abuse offender can be entrusted under the subparagraphs of paragraph (1), procedures for entrustment, procedures for notification under paragraph (7), and other necessary matters, shall be prescribed by Supreme Court Regulations. |
| Article 20 (Notification of Ad Hoc Measures) |
| Article 21 (Execution of Ad Hoc Measures) |
| (1) | When a judge decides to take ad hoc measures specified under Article 19 (1), he/she may assign permit home protection case investigators, court officials, judicial police officers, or correctional public officials under the jurisdiction of a detention center to implement such measures. |
| (2) | When a child victim or his/her family members move their residence, school, protective facility, etc. after ad hoc measures falling under Article 19 (1) 1 or 2 are taken, they may request the competent court to revise its decision on the ad hoc measures. |
| Article 22 (Change of Ad Hoc Measures) |
| (1) | A child abuse offender, or the legal representative or assistant thereof may request the competent court to revoke a decision to take ad hoc measures specified under Article 19 (1) or to change the type of such measures. |
| (2) | A judge may revoke the relevant ad hoc measure or change the type thereof, when he/she deems that there are justifiable grounds to do so, either ex officio or by ruling at the request under paragraph (1). |
| (3) | Where a child abuse offender subject to an ad hoc measure falling under Article 19 (1) 5 or 6 fails to take the ad hoc measure or to comply with the execution thereof, a judge may change the relevant ad hoc measure, either ex officio or by ruling upon request of a prosecutor, child victim, his/her legal representative or attorney-at-law, or heads of institutions to which a child abuse offender can be entrusted under the subparagraphs of Article 19 (1). <Amended by Act No. 14172, May 29, 2016> |
| Article 23 (Persons to Temporally Conduct Duties of Guardian) |
| (1) | Where there is no person to exercise parental authority over a child victim or to conduct duties as his/her guardian following an ad hoc measure prescribed in Article 19 (1) 4, a judge shall have the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Governor of a Special Self-Governing Province, or the head of Si/Gun/Gu, the head of a specialized child protection agency, or the head of a foster home supporting center temporally conduct the duties of guardian during the period of the ad hoc measure or appoint a person to perform such duties. <Amended by Act No. 14172, May 29, 2016> |
| (2) | A judge shall respect the opinions of a child victim when he/she takes a measure under paragraph (1), and the child victim, or a person protecting the child victim such as attorney-at-law, the head of a specialized child protection agency and the head of a foster home supporting center, may present his/her opinions on the appointment. <Amended by Act No. 14172, May 29, 2016> |
| (3) | Where a court takes a measure under paragraph (1), it shall notify such fact to the relevant child victim, or a person protecting the child victim such as attorney-at-law, the head of a specialized child protection agency and the head of a foster home supporting center. <Amended by Act No. 14172, May 29, 2016> |
| (4) | A person who temporally conducts the duties of guardian under paragraph (1) shall do so only to the extent necessary to preserve the property owned by a child victim and to protect him/her. |
| (6) | Necessary matters concerning procedures, etc. for the appointment, resignation, or change of a person to temporally conducts the duties of guardian shall be prescribed by Supreme Court Regulations. |
| Article 24 (Forwarding of Cases by Judicial Police Officers) |
Judicial police officers shall promptly investigate a crime of child abuse, and forward the case to prosecutors. In such cases, judicial police officers may present their opinions on whether it will be appropriate to handle the relevant case as a child protection case.
| Article 25 (Investigation before Decisions by Prosecutors) |
| (1) | Where deemed necessary to make a decision on dispositions with respect to a crime of child abuse, such as the forwarding of a child abuse case, prosecution, or suspension of prosecution, a prosecutor may request the head of a probation office having jurisdiction over the residence of a child abuse offender or the location of the prosecutors’ office, to conduct an investigation into the career, living environment, child-rearing ability of a child abuse offender, and other necessary matters. |
| (2) | The head of a probation office in receipt of a request under paragraph (1) shall conduct an investigation and give written notice thereof without delay to the relevant prosecutor, and if it is necessary for the investigation, he/she may assign probation officers under his/her control to examine necessary matters by requiring a child abuse offender or the person concerned to appear and present his/her opinions, etc. |
| (3) | Where an investigation is performed pursuant to paragraph (2), the purpose of the investigation shall be explained to a child abuse offender or the persons concerned in advance, and their human rights shall be respected, and confidential information related to the performance of duties shall be strictly kept. |
| (4) | Where it is required in relation to a crime of child abuse, a prosecutor may request the head of a specialized child protection agency to submit materials necessary for a decision referred to in paragraph (1). |
| (5) | When making a decision under paragraph (1), a prosecutor shall work to reach a decision most appropriate for the protection of a child victim and for the correction and edification of a child abuse offender by taking into consideration the results of an investigation notified by the head of a probation office, the materials submitted by the head of a specialized child protection agency, etc. |
| Article 26 (Conditional Suspension of Prosecution) |
Where deemed necessary in consideration of the following as the results of an investigation into a child abuse crime, a prosecutor may suspend the prosecution of a child abuse offender on the condition that he/she undergo counselling, treatment, or education:
| 1. | Nature, motivation, and results of a case; |
| 2. | Relationship between a child abuse offender and a child victim; |
| 3. | Character and conduct of a child abuse offender and possibility of improvement thereof; |
| 4. | Need to protect an original family; |
| 5. | Intention of a child victim or his/her legal representative. |
| Article 27 (Handling of Child Protection Cases) |
| (1) | Where a prosecutor deems it appropriate to take a protective order in relation to a child abuse crime under Article 36 in consideration of the subparagraphs of Article 26, he/she may handle such crime as a child protection case. <Amended by Act No. 14172, May 29, 2016> |
| (2) | Paragraph (1) may apply to the following cases: <Newly Inserted by Act No. 14172, May 29, 2016> |
| 1. | Where a criminal complaint is not filed or is withdrawn with respect to a child abuse crime the prosecution for which can be instituted only if a criminal complaint is filed by the victim; |
| 2. | Where the victim has declared his/her express wish not to punish the child abuser or has retracted his/her previous wish to punish the child abuser with respect to a child abuse crime the prosecution for which can not be instituted against the express will of the victim. |
| Article 28 (Forwarding of Cases by Prosecutors) |
| (1) | Where a prosecutor handles a crime of child abuse as a child protection case pursuant to Article 27, he/she shall forward such case to the competent court under Article 18 (1) (hereinafter referred to as "competent court"). |
| (2) | Where a crime of child abuse conflicts with other crimes, a prosecutor may separate the case related to the child abuse crime from the other cases and forward it to the competent court. |
| Article 29 (Forwarding of Cases by Courts) |
Where a court deems it appropriate to take a protective order under Article 36 against a child abuse offender after examining a prosecuted case, it may forward the case to the competent court by ruling.
| Article 30 (Handling of Child Abuse Offenders in Cases of Forwarding) |
| (1) | Where a decision of forwarding under Article 28 or 29 is made, the head of a facility detaining a child abuse offender shall extradite the offender to the competent court within 24 hours after he/she receives an order to extradite the offender from a prosecutor in cases of Si (including the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, and an administrative city under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply) or Gun in which a competent court is established, and within 48 hours in cases of other Si/Gun. In such cases, a court shall determine whether to take an ad hoc measure under Article 19 against a child abuse offender. <Amended by Act No. 13426, Jul. 24, 2015> |
| (3) | A warrant of arrest against a child abuse offender shall be deemed void when a determination on an ad hoc measure is made under the latter part of paragraph (1). |
| Article 31 (Warrant of Forwarding) |
| (1) | Where a case is forwarded as a child protection case under Article 28 or 29, a warrant of forwarding shall be sent. |
| (2) | A warrant of forwarding referred to in paragraph (1) shall include the name, address, date of birth, and occupation of a child abuse offender, his/her relationship with a child victim, summary of his/her activities and home circumstances, and other reference materials shall be attached thereto. |
| (1) | A court to which a child protection case is forwarded shall promptly transfer the relevant case to another competent court by ruling if the case is not under its jurisdiction or if deemed necessary for appropriate investigation and examination. |
| (2) | Where a court makes a decision on transfer under paragraph (1), it shall promptly notify it to the relevant child abuse offender, child victim, their legal representatives, attorneys-at-law, and prosecutors along with the grounds therefor. |
| Article 33 (Effects of Protective Order) |
Where a protective order under Article 36 is confirmed, the same crime of the relevant child abuse offender shall not be prosecuted again: Provided, That this shall not apply where a case is forwarded under subparagraph 1 of Article 41.
| Article 34 (Suspension and Effects of Prescription of Public Prosecution) |
| (1) | Notwithstanding Article 252 of the Criminal Procedure Act, the limitation period against a crime of child abuse shall start from the date the child victim of the relevant child abuse crime reaches the age of majority. |
| (2) | The limitation period against a crime of child abuse shall be suspended when the relevant child protection case is forwarded to a court: Provided, That the period shall commence in any of the following cases: |
| (3) | The suspension of prescription under paragraph (2) against one co-offender shall take effect on each of the other co-offenders. |
| Article 35 (Duty of Confidentiality, etc.) |
| (1) | No public official in charge of or involved in the investigation of crimes of child abuse or the investigation, examination, or execution of child protection cases, assistant, intermediary, head or employee of a specialized child protection agency, head or counselor of a counseling center, etc., or any person falling under the subparagraphs of Article 10 (2) (including those who previously held such positions) shall divulge any confidential information he/she becomes aware of in the course of performing his/her duties. |
| (2) | No editor, publisher, or employee of a newspaper, no chief editor, head, or employee of a broadcasting company, and no author or publisher of any other publication shall include the address, name, age, occupation, or appearance of child abuse offenders, child victims, complainants, accusers, or informants or other personal information and photographs of them, which can help other people to recognize them, in publications, including newspapers, or broadcast such information through broadcast media. |
| (3) | No school teacher or nursery faculty in charge of the education or care of a child victim shall divulge the fact of sending the relevant child to any school, his/her admission to any school, changing his/her school, or entering facilities (including the change of facilities) to anyone, including a person with parental authority who is a child abuse offender, unless any justifiable ground exists to the contrary. |
| Article 36 (Decision on Protective Orders, etc.) |
| (1) | Where a protective order is deemed necessary as a result of an examination, a judge may rule on any of the following dispositions: |
| 1. | Restrictions on a child abuse offender's access to a child victim or his/her family members; |
| 3. | Restriction on or suspension of the exercise of parental authority or guardian’s authority over a child victim; |
| 6. | Entrustment to facilities for care and custody established under the control of the Minister of Justice or to protective facilities designated by the Minister of Justice; |
| 7. | Entrustment to medical institutions for treatment; |
| 8. | Entrustment to specialized child protection agencies, counseling centers, etc. for counseling. |
| (2) | Dispositions falling under the subparagraphs of paragraph (1) may be taken concurrently. |
| (3) | Where a disposition under paragraph (1) 3 is issued, a child victim may be sent to a person with parental authority or his/her relatives who are not a child abuse offender, child welfare facilities, etc. |
| (4) | Where a judge issues a protective order under paragraph (1) 3, Article 23 shall apply mutatis mutandis to the appointment, etc. of a person to temporally conduct the duties of guardian during the period of the protective order. |
| (5) | Where a court decides to issue a protective order pursuant to paragraph (1), it shall promptly notify it to the relevant prosecutor, child abuse offender, child victim, legal representative, attorney-at-law, probation officer, and the head of a protective facility, medical institution, specialized child protection agency, or counseling center, etc. entrusted with the protective order (hereinafter referred to as "entrusted institutions"): Provided, That in cases of an entrusted institution which is not operated by the State or local governments, the court shall gain consent to entrustment from the head of such institution. |
| (6) | Where dispositions are taken pursuant to paragraph (1) 4 through 8, a court shall send reference materials necessary for the correction of a child abuse offender, to probation officers or the heads of entrusted institutions. |
| (7) | A facility entrusted with the care and custody under paragraph (1) 6 shall subject a child abuse offender to education for correcting his/her character and conduct. |
| Article 37 (Periods of Protective Orders) |
No period of a protective order provided for in Article 36 (1) 1 through 3 and 5 through 8 shall exceed one year, and no total hour of community service and lecture attendance order provided for in subparagraph 4 of the same paragraph shall exceed 200 hours, respectively.
| Article 38 (Execution of Decisions of Protective Orders) |
| (1) | A court may require home protection case investigators, court officials, judicial police officers, probation officers, or employees belonging to entrusted institutions to execute a decision on a protective order. |
| Article 39 (Presentation, etc. of Reports and Opinions) |
| (1) | Where a court decides to take a protective order under Article 36 (1) 4 through 8, it may require probation officers or the heads of entrusted institutions to present reports or written opinions on child abuse offenders, and issue instructions necessary for executing such order. |
| (2) | In addition to cases falling under paragraph (1), probation officers or the heads of entrusted institutions shall submit to a court, reports or written opinions on the actual conditions of the implementation of a protective order when a child abuse offender fails to implement a protective order under Article 36 (1) 4 through 8 or to comply with the execution thereof. |
| Article 40 (Revision of Protective Orders) |
| (1) | A court may revise the type and period of a protective order on only one occasion, either ex officio or by ruling upon request of a prosecutor, probation officer, or the head of an entrusted institution, when deemed necessary while the protective order is in force. |
| (2) | Where a court revises the type and period of a protective order under paragraph (1), no period of a protective order provided for in Article 36 (1) 1 through 3 and 5 through 8 shall exceed two years when the previous period of the order is added, and no total hour of community service and lecture attendance order provided for in subparagraph 4 of the same paragraph shall exceed 400 hours, respectively. |
| (3) | Where a court decides to revise an order under paragraph (1), it shall promptly notify it to the relevant prosecutor, child abuse offender, child victim, legal representative, attorney-at-law, assistant, probation officer, and the head of an entrusted institution. |
| Article 41 (Revocation of Protective Orders) |
Where a child abuse offender subject to a protective order fails to implement the decision of a protective order referred to in Article 36 (1) 4 through 8 or fails to comply with the execution thereof, a court shall revoke such protective order, either ex officio or by ruling upon request of a prosecutor, child victim, his/her legal representative, attorney-at-law, probation officer, or the head of an entrusted institution, and handle the relevant case in accordance with the following: | 1. | Where a case has been forwarded by a prosecutor under Article 28, forwarding the case to a prosecutor of the prosecutors' office corresponding to the competent court; |
| 2. | Where a case has been forwarded by a court under Article 29, transferring the case to the relevant court. |
| Article 42 (Termination of Protective Orders) |
A court may fully or partially terminate a protective order by ruling, either ex officio or upon request of a prosecutor, child victim, his/her legal representative, attorney-at-law, probation officer, or the head of an entrusted institution, when it deems that a child abuse offender is able to lead a normal life at home following the correction of his/her character and conduct or that the protective order is no longer necessary.
| Article 43 (Apportioning Expenses) |
| (1) | A child abuse offender subject to an ad hoc measure under Article 19 (1) 6 or a protective order under Article 36 (1) 7 or 8 shall bear expenses incurred for the entrustment or protective order: Provided, That when a child abuse offender is incapable of paying such expenses, the State may bear them. |
| (2) | A judge may order a child abuse offender to prepay expenses provided for in the main sentence of paragraph (1). |
| (3) | Calculation of expenses to be borne by a child abuse offender under paragraph (1), procedures for payment request and payment, and other necessary matters, shall be prescribed by Supreme Court Regulations. |
| Article 44 (Application Mutatis Mutandis) |
With respect to the investigation, examination, protective order and special cases concerning handling civil cases of child protection cases, Article 18-2, Articles 19 through 28, 30 through 39, 42, and 56 through 62 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence shall apply mutatis mutandis. In such cases, “home protection case” shall be construed as “child protection case,” “domestic violence offender” shall be construed as “child abuse offender,” “victim” shall be construed as “child victim,” “domestic violence crime” shall be construed as “child abuse crime,” and “protective order” shall be construed as “child victim protection order,” respectively.
| Article 45 (Complaints and Further Complaints) |
| (1) | With respect to an ad hoc measure taken under Article 19 (including a decision of its extension or change; hereinafter the same shall apply), a protective order issued under Article 36, the alteration of a protective order under Article 40, and the revocation of a protective order under Article 41, where any statute is violated to an extent that affects such decision, or a serious mistake is made in determining relevant facts, or such decision is considerably unfair, a prosecutor, child abuse offender, legal representative, or assistant may file a complaint with the collegiate division of a family court: Provided, That where no family court is established, a complaint shall be filed with the collegiate division of a district court. |
| (3) | A complaint shall be filed within seven days from the date the decision is notified. |
CHAPTER V CHILD VICTIM PROTECTION ORDERS
| Article 46 (Jurisdiction over Child Victim Protection Order Cases) |
| (1) | Child victim protection order cases shall be under the jurisdiction of a family court having the jurisdiction over the place of activities, residence, or current place of a child abuse offender and the residence or current place of a child victim: Provided, That child victim protection order cases shall be under the jurisdiction of the district court of the relevant region in cases of a region where no family court is established. |
| (2) | Child victim protection order cases shall be examined and ruled by a judge. |
| Article 47 (Child Victim Protection Orders by Family Court) |
| (1) | A judge may issue any of the following child victim protection orders for the protection of child victims by ruling, either ex officio or upon request of a child victim, his/her legal representative, attorney-at-law, or the head of a specialized child protection agency: |
| 1. | Isolation of a child abuse offender from a child victim, including evacuation, etc. from the residence of a child victim or a room occupied by him/her; |
| 2. | Restriction on the access of a child abuse offender to a child victim or his/her family members; |
| 4. | Entrusting a child victim to child welfare facilities or welfare facilities for disabled persons for protection; |
| 5. | Entrusting a child victim to medical institutions for treatment; |
| 6. | Entrusting a child victim to his/her relatives, etc. for foster care; |
| 7. | Restriction on or suspension of the exercise of parental authority over a child victim by a person having parental authority who is a child abuse offender; |
| 8. | Restriction on or suspension of the exercise of guardian’s authority over a child victim by a guardian who is a child abuse offender; |
| 9. | Decision in substitution for the expression of will by a person having parental authority or a guardian. |
| (2) | Dispositions specified under paragraph (1) may be taken concurrently. |
| (3) | Where a judge issues a child victim protection order under the subparagraphs of paragraph (1), a child victim, his/her legal representatives, attorney-at-law, or the head of a specialized child protection agency may offer their opinions to the competent court. |
| (4) | Where a judge issues a child victim protection order under paragraph (1) 7 or 8, Article 23 shall apply mutatis mutandis to the appointment of a person who shall temporally conduct the duties of guardian during the period of the child victim protection order, etc. |
| (5) | Standards for child welfare facilities, medical institutions, relatives, etc. to which a child victim can be entrusted under paragraph (1) 4 through 6, the procedures for entrustment, the implementation of entrustment, and other necessary matters, shall be prescribed by Supreme Court Regulations. |
| Article 47 (Child Victim Protection Orders by Family Court) |
| (1) | A judge may issue any of the following child victim protection orders for the protection of child victims by ruling, either ex officio or upon request of a child victim, his/her legal representative, attorney-at-law, or the head of a specialized child protection agency: <Amended by Act No. 15255, Dec. 19, 2017> |
| 1. | Isolation of a child abuse offender from a child victim, including evacuation, etc. from the residence of a child victim or a room occupied by him/her; |
| 2. | Restriction on the access of a child abuse offender to a child victim or his/her family members; |
| 4. | Entrusting a child victim to child welfare facilities or welfare facilities for disabled persons for protection; |
| 5. | Entrusting a child victim to medical institutions for treatment; |
| 5-2. | Entrusting a child victim to a specialized child protection agency, counseling center etc., for counseling and treatment; |
| 6. | Entrusting a child victim to his/her relatives, etc. for foster care; |
| 7. | Restriction on or suspension of the exercise of parental authority over a child victim by a person having parental authority who is a child abuse offender; |
| 8. | Restriction on or suspension of the exercise of guardian’s authority over a child victim by a guardian who is a child abuse offender; |
| 9. | Decision in substitution for the expression of will by a person having parental authority or a guardian. |
| (2) | Dispositions specified under paragraph (1) may be taken concurrently. |
| (3) | Where a judge issues a child victim protection order under the subparagraphs of paragraph (1), a child victim, his/her legal representatives, attorney-at-law, or the head of a specialized child protection agency may offer their opinions to the competent court. |
| (4) | Where a judge issues a child victim protection order under paragraph (1) 7 or 8, Article 23 shall apply mutatis mutandis to the appointment of a person who shall temporally conduct the duties of guardian during the period of the child victim protection order, etc. |
| (5) | Standards for child welfare facilities, medical institutions, specialized child protection agencies, counseling centers, relatives, etc. to which a child victim can be entrusted under paragraph (1) 4, 5, 5-2 and 6, the procedures for entrustment, the implementation of entrustment, and other necessary matters, shall be prescribed by Supreme Court Regulations. <Amended by Act No. 15255, Dec. 19, 2017> |
| (6) | When a judge issues a child victim protection order under paragraph (1) 5-2, he/she may have a protector of the victim participated in the procedure if he/she deems necessary. <Newly Inserted by Act No. 15255, Dec. 19, 2017> |
| (1) | A child victim and a child abuse offender may appoint an assistant, respectively, with regard to a child victim protection order case. |
| (2) | The legal representative, spouse, lineal relatives, or siblings of a child victim or a child abuse offender, the head or counselors of a specialized child protection agency, or attorney-at-law referred to in Article 16 shall be eligible as an assistant. |
| (3) | Where a person who is not an attorney-at-law (referring to an attorney-at-law under the Attorney-at-Law Act; hereafter in Article 49, the same shall apply) is to be appointed as an assistant pursuant to paragraph (2), permission therefor from a court shall be granted. |
| (4) | A judge may cancel permission granted under paragraph (3) at any time. |
| (5) | The appointment of an assistant pursuant to paragraph (1) shall be submitted to each instance of court in writing which shall include the name and seal of the assistant. |
| (6) | A person who intends to become an assistant under paragraph (2) shall file a report on such intention with each instance of court. In such cases, a document certifying the status relationship between a person who intends to become an assistant and a child victim or child abuse offender or a document of presumptive proof as to the position of a person who intends to become an assistant shall be attached thereto. |
| (7) | An assistant under paragraph (1) may independently conduct procedures, and an assistant under paragraph (2) may independently conduct procedures which do not contravene the expressed will of a child victim or child abuse offender: Provided, That the foregoing shall not apply where other provisions exist in Acts. |
| Article 49 (Court-Appointed Assistants) |
| (1) | In any of the following cases, a court may appoint an attorney-at-law as an assistant of a child victim, either ex officio or by ruling upon request of a child victim, the legal representative, lineal relatives or siblings thereof, or the head or counselors of a specialized child protection agency: |
| 1. | When a child victim is suspected of having a physical or mental disorder; |
| 2. | When an assistant cannot be appointed due to poverty or other reasons; |
| 3. | In other cases where a judge recognized that an assistant is needed. |
| (3) | The Criminal Procedure Costs Act shall apply mutatis mutandis to expenses paid to an assistant appointed pursuant to paragraphs (1) and (2). |
| Article 50 (Execution, Revocation, and Alteration of Child Victim Protection Orders) |
| (1) | Where a judge of the competent court issues a child victim protection order under Article 47 (1) 1 through 6, he/she may assign home protection case investigators, court officials, judicial police officers, or correctional public officials of a detention center to execute the order, or delegate the execution to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu. |
| (2) | A child victim, his/her legal representative, attorney-at-law, or the head of a specialized child protection agency may apply for the revocation of a protection order prescribed in Article 47 (1) or the change of the type of the order. |
| (3) | A judge may revoke the relevant child victim protection order or change the type of such order, when he/she deems that there are justifiable grounds to do so, either ex officio or by ruling upon the request under paragraph (2). |
| Article 50 (Execution, Revocation, and Alteration of Child Victim Protection Orders) |
| (1) | Where a judge of the competent court issues a child victim protection order under Article 47 (1) 1 through 5, 5-2 and 6, he/she may assign home protection case investigators, court officials, judicial police officers, or correctional public officials of a detention center to execute the order, or delegate the execution to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu. <Amended by Act No. 15255, Dec. 19, 2017> |
| (2) | A child victim, his/her legal representative, attorney-at-law, or the head of a specialized child protection agency may apply for the revocation of a protection order prescribed in Article 47 (1) or the change of the type of the order. |
| (3) | A judge may revoke the relevant child victim protection order or change the type of such order, when he/she deems that there are justifiable grounds to do so, either ex officio or by ruling upon the request under paragraph (2). |
<<Enforcement Date : Jun. 20, 2018>> Article 50
| Article 51 (Period of Child Victim Protection Orders) |
| (1) | No period of a child victim protection order issued pursuant to Article 47 (1) 1 through 5, 5-2 and 6 through 8 shall exceed one year: Provided, That where the extension of a period is deemed necessary for the protection of a child victim, a judge of the competent court may extend the period by three months each time, either ex officio or by ruling upon request of a child victim, his/her legal representative, or attorney-at-law. |
| (2) | Where a court extends a period pursuant to paragraph (1), no total period of a child victim protection order shall exceed four years. |
| Article 51 (Period of Child Victim Protection Orders) |
| (1) | No period of a child victim protection order issued pursuant to Article 47 (1) 1 through 5, 5-2 and 6 through 8 shall exceed one year: Provided, That where the extension of a period is deemed necessary for the protection of a child victim, a judge of the competent court may extend the period by three months each time, either ex officio or by ruling upon request of a child victim, his/her legal representative, or attorney-at-law. <Amended by Act No. 15255, Dec. 19, 2017> |
| (2) | Where a court extends a period pursuant to paragraph (1), no total period of a child victim protection order shall exceed four years. |
<<Enforcement Date : Jun. 20, 2018>> Article 50
| Article 52 (Ad Hoc Protection Orders for Child Victims) |
| (1) | Where a request for a child victim protection order prescribed in Article 47 is made, a judge of the competent court may take a measure falling under any subparagraph of Article 47 (1) temporarily (hereinafter referred to as “ad hoc protection order”) by ruling if deemed necessary for the protection of a child victim. |
| (2) | The period of an ad hoc protection order shall be until a child victim protection order is determined: Provided, That a judge may limit a period if deemed necessary. |
| (3) | Where a judge issues an ad hoc protection order under Article 47 (1) 7 and 8, Article 23 shall apply mutatis mutandis to the appointment, etc. of a person to temporally conduct the duties of guardian during the period of an ad hoc protection order. |
| (4) | Article 50 shall apply mutatis mutandis to the execution, revocation, or alteration of an ad hoc protection order. In such cases, "child victim protection order" shall be construed as "ad hoc protection order". |
| Article 53 (Investigations of Current Status of Compliance) |
| (1) | The competent court may have home protection case investigators, court officials, judicial police officers, probation officers, etc. frequently investigate the current status of compliance with an ad hoc protection order and a child victim protection order, and report the results thereof without delay. |
| (2) | Where a child abuse offender subject to an ad hoc protection order and a child victim protection order fails to comply therewith or cooperate with execution thereof, the competent court may notify it to a prosecutor of the public prosecutors' office corresponding to the competent court. |
| Article 54 (Concurrent Examination) |
A court may concurrently examine a child victim protection order case and a child protection case when there is a need for concurrent examination as cases in question are deemed related to each other.
| Article 55 (Training for Specialized Child Protection Agencies) |
The head of a related administrative agency shall provide training to employees of specialized child protection agencies in relation to professional knowledge necessary for an investigation into child abuse cases, investigative methods for the protection of child victims, etc.
| Article 56 (Application Mutatis Mutandis) |
With respect to the investigation and examination of child victim protection order cases, Articles 19 through 22, 30 through 32, and 34 through 36 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence shall apply mutatis mutandis. In such cases, “home protection case” shall be construed as “child protection case,” “domestic violence offender” shall be construed as “child abuse offender,” “victim” shall be construed as “child victim,” “domestic violence crime” shall be construed as “child abuse crime,” and “protective order” shall be construed as “child victim protection order,” respectively.
| Article 57 (Complaints and Further Complaints) |
| (1) | With respect to a child victim protection order (including a decision of extension under Article 51) prescribed in Article 47 and its revocation or a change of its type under Article 50 or an ad hoc protection order prescribed in Article 52 and its revocation or a change of its type, if any statute is violated to an extent that affects such decision, a serious mistake is made in determining relevant facts, or such decision is considerably unfair, a child victim, child abuse offender, legal representative, attorney-at-law, the head of a specialized child protection agency, or assistant may file a complaint with the collegiate division of a family court: Provided, That where no family court is established, a complaint shall be filed with the collegiate division of the relevant district court. |
| (2) | Where a judge dismisses a request for a child victim protection order, a child victim, his/her legal representative, attorney-at-law, or the head of a specialized child protection agency may file a complaint. In such cases, paragraph (1) shall apply mutatis mutandis to a court of appeal. |
| Article 58 (Provisions for Delegation) |
Necessary matters concerning the investigation and examination of child victim protection cases shall be prescribed by Supreme Court Regulations.
CHAPTER VI PENALTY PROVISIONS
| Article 59 (Non-Compliance with Protection Orders, etc.) |
| (1) | Any of the following child abuse offenders shall be punished by imprisonment with labor for not more than two years, a fine not exceeding 20 million won, or by detention: |
| 1. | A child abuse offender who fails to comply with any ad hoc measure falling under Article 19 (1) 1 through 4; |
| 2. | A child abuse offender who, after any protection order falling under Article 36 (1) 1 through 3 is finalized, fails to comply with such order; |
| 3. | A child abuse offender who, after a child victim protection order under Article 47 or an ad hoc protection order under Article 52 is determined, fails to comply with such order. |
| (2) | A child abuse offender who habitually commits a violation prescribed in paragraph (1) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended by Act No. 15255, Dec. 19, 2017> |
| (3) | Where a person subject to a program completion order under Article 8 (1) further fails to comply with an instruction related to the implementation of the program completion order without justifiable reasons after receiving a warning pursuant to the Act on Probation, etc. or the Administration and Treatment of Correctional Institution Inmates Act due to his/her failure to follow an instruction concerning the implementation of a program completion order from the director of a probation office or the director of a correctional facility, such person shall be punished as follows: <Amended by Act No. 15255, Dec. 19, 2017> |
| 1. | Where punishment by a fine is concurrently imposed, the person shall be punished by a fine not exceeding five million won; |
| 2. | Where actual punishment by imprisonment with labor is concurrently imposed, the person shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. |
| Article 60 (Forceful Demand to Victims, etc.) |
A person who coerces a victim of a child abuse crime or a protector defined in subparagraph 2 of Article 2 into an agreement by violence or intimidation shall be punished by imprisonment with labor for not more than seven years.
| Article 61 (Crimes of Obstructing Performance of Duties, etc.) |
| (1) | A person who obstructs the performance of duties by employees of a specialized child protection agency provided for in Article 11 (2) or 12 (1), the subparagraphs of Article 19 (1), or the subparagraphs of Article 36 (1) by violence, intimidation, deceptive means, or force shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 15 million won. |
| (2) | Where a person commits a crime specified in paragraph (1) by exerting influence of an organization or a group of people or by carrying dangerous objects, the punishment for such person shall be increased by 1/2 of that provided for in paragraph (1). |
| (3) | A person who commits a crime of paragraph (1) to injure an employee of a specialized child protection agency shall be punished by imprisonment with labor for a limited term of at least three years. If it results in the death, the person shall be punished by imprisonment with labor for an indefinite term or for a limited term of at least five years. |
| Article 62 (Violation of Duties of Confidentiality, etc.) |
| (1) | Any assistant, intermediary, head or employees of a specialized child protection agency, head or counselors of a counseling center, etc. or person falling under any subparagraph of Article 10 (2) (including those who previously held such position) who violates the duty of confidentiality prescribed in Article 35 (1) shall be punished by imprisonment with labor for not more than three years, by the suspension of qualification for not more than five years, or by a fine not exceeding 30 million won: Provided, That Article 317 (1) of the Criminal Act shall apply mutatis mutandis to an attorney-at-law who acts as an assistant. <Amended by Act No. 14172, May 29, 2016> |
| (2) | Any person who informs, discloses, or reports to any third person, personal information of an informant or facts which can help any third person to recognize an informant in violation of Article 10 (3) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended by Act No. 14172, May 29, 2016> |
| (3) | An editor, publisher, or employee of a newspaper, the chief editor, head, or employee of a broadcasting company, or author or publisher of any other publications, who violates the duty not to report under Article 35 (2) shall be punished by a fine not exceeding five million won. |
| Article 62-2 (Crimes of Violating Prohibition on Unfavorable Measures) |
| (1) | A person who takes a measure to dismiss, discharge, release from office a reporter, etc. of a child abuse crime or takes other disadvantageous measures equivalent to the loss of social position against such reporter, etc. in violation of Article 10-2 shall be punished by imprisonment with labor not exceeding two years or by a fine not exceeding 20 million won. |
| (2) | A person who takes any unfavorable measure falling under any of the following subparagraphs against a reporter, etc. of a child abuse crime in violation of Article 10-2 shall be punished by imprisonment with labor not exceeding one year or by a fine not exceeding ten million won: |
| 1. | Disciplinary action, suspension from office, reduction of wages, demotion to a lower grade, promotion restriction, and other unfair personnel dispositions; |
| 2. | Change of position, transfer to other office, non-assignment of duties, relocation of duties, and other personnel dispositions taken against the will of such a reporter, etc.; |
| 3. | Discrimination in performance evaluation, colleague evaluation, etc., and discriminative payment of wages, bonuses, etc. attendant thereon; |
| 4. | Cancellation of opportunities for self training, restrictions on or removal of available resources, such as budgets or human resources, suspension of the use of, or cancellation of qualifications for dealing with, security information or classified information, or other discrimination or measures that have a negative effect on the working conditions, etc.; |
| 5. | Preparation of a list of the persons subject to surveillance, or disclosure of such list, bullying, violence or threatening language, or other acts that cause physical or mental harm; |
| 6. | An unjust inspection or investigation of duties, or disclosure of the result thereof. |
[This Article Newly Inserted by Act No. 14172, May 29, 2016]
| Article 63 (Fines for Negligence) |
| (1) | Any of the following persons shall be punished by a fine for negligence not exceeding five million won: |
| 1. | A person who fails to comply with a summons by a judge for the investigation or examination of a child protection case without justifiable grounds; |
| 2. | A person who fails to report as required under Article 10 (2) without justifiable grounds; |
| 3. | A person who fails to take an urgent ad hoc measure prescribed in Article 13 (1) without justifiable grounds; |
| 4. | A person who fails to implement or comply with the execution of a protective order prescribed in Article 36 (1) 4 through 8, without justifiable grounds, after such order is finalized; |
| 5. | A person who fails to comply with a request to submit a report or written opinion prescribed in Article 39 without justifiable grounds. |
| (2) | Fines for negligence referred to in paragraph (1) shall be imposed and collected by the head of the relevant administrative agency, as prescribed by Presidential Decree. |
| Article 64 (Legal Fiction as Public Officials for Purposes of Penal Provisions) |
ADDENDUM
This Act shall enter into force eight months after the date of its promulgation.
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 39 Omitted
ADDENDA <Act No. 13719, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted)
Articles 2 through 3 Omitted.
ADDENDUM <Act No. 14172, May 29, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDUM <Act No. 15255, Dec. 19, 2017>
This Act shall enter into force six months after the date of its promulgation: Provided, That amended provisions of Article 59 (2) and (3) 2 shall enter into force on the date of its promulgation.