ACT ON THE PROTECTION OF CHILDREN AND YOUTH AGAINST SEX OFFENSES
Act No. 9765, jun. 9, 2009
Amended by Act No. 9932, Jan. 18, 2010
Act No. 10258, Apr. 15, 2010
Act No. 10260, Apr. 15, 2010
Act No. 10261, Apr. 15, 2010
Act No. 10391, Jul. 23, 2010
Act No. 10582, Apr. 12, 2011
Act No. 10789, jun. 7, 2011
Act No. 11002, Aug. 4, 2011
Act No. 11048, Sep. 15, 2011
Act No. 11047, Sep. 15, 2011
Act No. 11287, Feb. 1, 2012
Act No. 11290, Feb. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12329, Jan. 21, 2014
Act No. 12361, Jan. 28, 2014
Act No. 13805, Jan. 19, 2016
Act No. 14236, May 29, 2016
Act No. 15352, Jan. 16, 2018
Act No. 15452, Mar. 13, 2018
Act No. 16248, Jan. 15, 2019
Act No. 16275, Jan. 15, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe special cases concerning punishment for committing sex offenses against children or youth and the procedures therefor, prepare procedures for relieving and assisting victimized children and youth, and systematically manage sex offenders against children or youth, thereby protecting them against sexual abuse and assisting them to become sound members of society.
The terms used in this Act shall be defined as follows: <Amended by Act No. 11574, Dec. 18. 2012; Act No. 12361, Jan. 28. 2014; Act No. 15352, Jan. 16, 2018>
| 1. | The term "children or youth" means persons under 19 years of age: Provided, That persons for whom the first day of January of the year in which they reach 19 years of age has arrived shall be excluded; |
| 2. | The term "sex offenses against children or youth" means any of the following offenses: |
| 3. | The term "sexual violence against children or youth" means sex offenses against children or youth, excluding those defined in Articles 11 through 15; |
| 4. | The term "buying sex of a child or youth" means doing any of the following acts to a child or youth or compelling a child or youth to do such act, in return for offering or promising money, valuables or other property gains, services or favors to those who arrange to buy sex from a child or youth, or those who practically protect and supervise the child or youth, or any third person: |
| (b) | Pseudo-sexual intercourse using part of the body, such as the mouth and anus, or implements; |
| (c) | Contacting or exposing all or part of the body, which causes sexual humiliation or repugnance of ordinary people; |
| 5. | The term "child or youth pornography" means depiction of children or youth, or persons or representations that can be obviously perceived as children or youth, doing any act defined in any of subparagraph 4 or engaging in any other sexual act, in the form of a film, video, game software, or picture, image, etc. displayed on computers, or other communications media; |
| 6. | The term "victimized children or youth" means children or youth who have become victims of offenses under subparagraph 2 (b) through (d) and Articles 7 through 14 (excluding the offenses provided for in Article 13 (1)); |
| 7. | The term "children or youth involved" means children or youth who have become the counterparts in crime under Article 13 (1); |
| Article 3 (Caution in Interpretation and Application) |
For purposes of interpreting or applying this Act, priority shall be given in considering the rights and interests of children and youth, and caution shall be given to prevent unfair infringement of the rights of the relevant persons and their families.
| Article 4 (Duties of State and Local Governments) |
| (1) | The State and local governments shall conduct surveys and research and provide education and guidance, as well as raise necessary funds by preparing a legal and institutional framework, to prevent sex offenses against children or youth and to protect them from sexual exploitation and abuse. |
| (2) | In recognition that child and youth sex exploitation and abuse are international crimes, the State shall endeavor to reinforce international cooperation through sharing of criminal information, criminal investigations and research, cooperation under international criminal law, extradition of criminals, etc. |
| Article 5 (Responsibilities of Society) |
Every citizen shall apply his/her utmost endeavors to rearrange social circumstances, and protect, guide, and educate children and youth to prevent them from becoming the counterparts or victims of any crime prescribed in this Act or from committing any crime prescribed in this Act.
| Article 6 (Production, Distribution, and Broadcasting of Promotional Films) |
| (1) | The Minister of Gender Equality and Family shall produce promotional films for the prevention of and guidance on sex offenses against children or youth, and treatment and rehabilitation, etc. of victims and distribute them to persons in charge of broadcast programming defined in subparagraph 23 of Article 2 of the Broadcasting Act. |
| (2) | The Minister of Gender Equality and Family may request terrestrial broadcasting business operators defined in subparagraph 3 (a) of Article 2 of the Broadcasting Act (hereinafter referred to as "broadcasting business operators") to broadcast promotional films referred to in paragraph (1) via each channel within the quota for non-commercial public service advertisements prescribed by Presidential Decree pursuant to Article 73 (4) of the same Act. |
| (3) | Every broadcasting business operator may broadcast promotional films he/she has produced independently, aside from promotional films referred to in paragraph (1). In such cases, he/she may request the Minister of Gender Equality and Family to provide necessary cooperation and assistance. |
CHAPTER II SPECIAL CASES CONCERNING PUNISHMENT OF AND PROCEDURES FOR SEX OFFENSES AGAINST CHILDREN OR YOUTH
| Article 7 (Rape, Indecent Act by Force, etc. of Children or Youth) |
| (1) | Any person who rapes a child or youth by assault or threat shall be punished by imprisonment with labor for an indefinite term or for a limited term of at least five years. |
| (2) | Any person who commits any of the following acts by assaulting or threatening a child or youth shall be punished by imprisonment with labor for a limited term of at least five years: |
| 1. | Putting genitals into a part of the body of the child or youth (excluding genitals), such as the mouth or anus; |
| 2. | Putting a part of the body (excluding genitals), such as fingers, or implements into the genital or anus of the child or youth. |
| (3) | Any person who commits an offense prescribed in Article 298 of the Criminal Act against a child or youth shall be punished by imprisonment with labor for a limited term of at least two years or by a fine of at least ten million won, but not more than 30 million won. |
| (4) | Any person who commits an offense prescribed in Article 299 of the Criminal Act against a child or youth shall be punished in the same manner as prescribed in paragraphs (1) through (3). |
| (5) | Any person who has sex with or commits an indecent act against a child or youth by a deceptive scheme or by force shall be punished in the same manner as prescribed in paragraphs (1) through (3). |
| (6) | Any person who attempts to commit an offense prescribed in paragraphs (1) through (5) shall be punished. |
| Article 8 (Illicit Sex, etc. with Disabled Children or Youth) |
| (1) | Where a person aged 19 or older has illicit sex with a disabled child or youth (referring to a child or youth with a disability defined in Article 2 (1) of the Act on Welfare of Persons with Disabilities, who is aged 13 or older and lacks judgment or decision-making capacity due to a physical or mental disability; hereafter the same shall apply in this Article) or makes a disabled child or youth have illicit sex with any third person, he/she shall be punished by imprisonment with labor for a limited term of at least three years. |
| (2) | Where a person aged 19 or older commits an indecent act against a disabled child or youth or makes a disabled child or youth commit an indecent act against any third person, he/she shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 15 million won. |
| Article 8-2 (Illicit Sex with Children or Youth Aged 13 to under 16) |
| (1) | Where a person aged 19 or older has illicit sex with a child or youth aged 13 to under 16 (excluding a disabled child or youth prescribed in Article 8 who is aged under 16; hereafter the same shall apply in this Article) by taking advantage of his/her destitute conditions or makes such child or youth have illicit sex with any third person, he/she shall be punished by imprisonment with labor for a limited term of at least three years. |
| (2) | Where a person aged 19 or older commits any indecent act against a child or youth aged 13 to under 16 by taking advantage of his/her destitute conditions or makes such child or youth commit any indecent act against any third person, he/she shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 15 million won. |
[This Article Newly Inserted by Act No. 16275, Jan. 15, 2019]
| Article 9 (Bodily Harm or Injuries Resulting from Rape, etc.) |
When a person who commits an offense prescribed in Article 7 injures or causes injury to another person, he/she shall be punished by imprisonment with labor for an indefinite term or for at least seven years.
| Article 10 (Murder after Rape, etc. or Rape, etc. Resulting in Death) |
| (1) | When a person who commits an offense referred to in Article 7 murders another person, he/she shall be punished by death penalty or imprisonment with labor for an indefinite term. |
| (2) | When a person who commits an offense referred to in Article 7 causes death of another person, he/she shall be punished by death penalty or imprisonment with labor for an indefinite term or for at least ten years. |
| Article 11 (Production, Distribution, etc. of Child or Youth Pornography) |
| (1) | Any person who produces, imports, or exports child or youth pornography shall be punished by imprisonment with labor for an indefinite term or for a limited term of at least five years. |
| (2) | Any person who sells, lends, distributes, or provides child or youth pornography for commercial purposes, or possesses or transports them for any of such purposes, or publicly exhibits or displays them shall be punished by imprisonment with labor for not more than ten years. |
| (3) | Any person who distributes, provides, or publicly exhibits or displays child or youth pornography shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 50 million won. |
| (4) | Any person who procures a child or youth for a child or youth pornography producer, knowing that he/she is to be used for producing child or youth pornography, shall be punished by imprisonment with labor for at least three years. |
| (5) | Any person who possesses child or youth pornography knowing that it is child or youth pornography shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 20 million won. |
| (6) | Any person who attempts to commit an offense prescribed in paragraph (1) shall be punished. |
| Article 12 (Child or Youth Trafficking) |
| (1) | Any person who buys or sells or sends a child or youth to a foreign country or brings a child or youth living in a foreign country into the Republic of Korea, knowing that he/she will become an object of an act of buying sex or producing child or youth pornography, shall be punished by imprisonment with labor for an indefinite term or for at least five years. |
| (2) | Any person who attempts to commit an offense prescribed in paragraph (1) shall be punished. |
| Article 13 (Buying Sex of Child or Youth, etc.) |
| (1) | Any person who buys sex of a child or youth shall be punished by imprisonment with labor for at least one year, but not more than ten years, or by a fine of at least 20 million won, but not exceeding 50 million won. |
| (2) | Any person who entices a child or youth so as to buy sex of him/her or solicits a child or youth to prostitute shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. |
| Article 14 (Coercive Conduct, etc. against Children or Youth) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for a limited term of at least five years: |
| 1. | A person who compels a child or youth to become the counterpart in buying sex of a child or youth by threat or assault; |
| 2. | A person who compels a child or youth to become the counterpart in buying sex of a child or youth by placing them into a troubling situation by means of advanced payment or other debt, or by a deceptive scheme or force; |
| 3. | A person who compels a child or youth to become the counterpart in buying sex of a child or youth by taking advantage of the child’s or youth's status under his/her protection or supervision due to his/her duties, employment, or any other relationship; |
| 4. | A person who, for business purposes, entices or solicits a child or youth to become the counterpart in buying sex of a child or youth. |
| (2) | When a person who commits an offense prescribed in paragraph (1) 1 through 3 receives all or part of the consideration therefor, or demands or promises such consideration, he/she shall be punished by imprisonment with labor for a limited term of at least seven years. |
| (3) | Any person who entices or solicits a person to become the counterpart in buying sex of a child or youth shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 50 million won. |
| (4) | Any person who attempts to commit an offense prescribed in paragraphs (1) and (2) shall be punished. |
| Article 15 (Business of Arranging Prostitution, etc.) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for a limited term of at least seven years: |
| 1. | A person who provides a place for buying sex of a child or youth as a profession; |
| 2. | A person who arranges to buy sex of a child or youth or a person who provides information on the arrangement thereof through an information and communications network as a profession; |
| 3. | A person who provides capital, land, or a building knowing that it will be used for crimes referred to in subparagraph 1 or 2; |
| 4. | A person who helps a business place providing a place to buy sex of a child or youth or arranging it as a pimp, to hire a child or youth as a profession. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 50 million won: |
| 1. | A person who entices, solicits, or coerces any third person to buy sex of a child or youth for business purposes; |
| 2. | A person who provides a place for buying sex of a child or youth; |
| 3. | A person who arranges to buy sex of a child or youth or a person providing information on the arrangement of the purchase thereof through an information and communications network; |
| 4. | A person who promises any act referred to in subparagraph 2 or 3 for business purposes. |
| (3) | Any person who entices, solicits, or coerces any third person to buy sex of a child or youth shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won. |
| Article 16 (Coercive Conduct against Victims, etc.) |
Any person who coerces a victim of a sex offense against a child or youth or a guardian defined in subparagraph 3 of Article 3 of the Child Welfare Act to reach a settlement by threat or assault shall be punished by imprisonment with labor for a limited term of at least seven years.
| Article 17 (Obligations of Online Service Providers) |
| (1) | Any online service provider who fails to take measures prescribed by Presidential Decree to detect child or youth pornography in the information and communications network managed by himself/herself or who fails to immediately delete the detected child or youth pornography and take technical measures to prevent or block transmission thereof shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won: Provided, That this shall not apply where the online service provider has not been negligent in paying due attention to detect the child or youth pornography in the information and communications network or where substantial technical difficulty exists even though he/she has tried to prevent or block the transmission of the detected child or youth pornography. |
| (2) | Online service providers of the special type under Article 104 of the Copyright Act shall indicate words of warning, as prescribed by Presidential Decree, on the relevant screen or transmission program, clearly stating that a person who produces, distributes, or possesses any child or youth pornography may be punished if the users search, upload, or download the works stored at their computers, etc. |
| Article 18 (Aggravated Punishment for Sex Offenses of Persons Liable to Report) |
Where the head of an institution, facility, or organization prescribed in the subparagraphs of Article 34 (2) or an employee thereof commits a sex offense against a child or youth under his/her protection, supervision, or medical treatment, the punishment for such offense shall be increased by up to 1/2 of that prescribed for such offense.
| Article 19 (Special Cases concerning Provisions for Mitigation under the Criminal Act) |
| Article 20 (Special Cases concerning Prescription of Public Prosecution) |
| (1) | The prescription of public prosecution of a sex offense against a child or youth shall commence on the date the child or youth victimized by the relevant sex offense reaches the age of majority, notwithstanding Article 252 (1) of the Criminal Procedure Act. |
| (2) | The prescription of public prosecution of any of the offenses prescribed in Article 7 shall be extended by ten years where any scientific evidence exists that may prove the relevant offense, such as DNA evidence. |
| Article 21 (Concurrent Imposition of Punishment and Orders to Attend Education, etc.) |
| (1) | When the court suspends a sentence for a youth referred to in Article 2 of the Youth Act who has committed a sex offense against a child or youth, it must issue a probation order. |
| (2) | When the court declares or issues a summary order that a person is guilty of sex offenses against a child or youth, it shall concurrently issue an order to him/her to attend education necessary for prevention of recommitting a sexual violence within the range of 500 hours, or to complete a sexual violence treatment program (hereinafter referred to as "order to complete a program"): Provided, That this shall not apply where any extenuating circumstance exists making it impractical to impose an order to attend education or order to complete a program. <Amended by Act No. 15352, Jan. 16, 2018> |
| (3) | Where the court suspends a sentence for a person who has committed a sex offense against a child or youth, it shall concurrently issue an order to attend education prescribed in paragraph (2) within the period of the suspended execution; where it sentences or issues a summary order to a fine or greater punishment, it shall issue an order to complete a program: Provided, That no order to complete a program shall be imposed concurrently if a person who has committed a sex offense against a child or youth is subject to an order to complete a sexual violence treatment program under Article 9-2 (1) 4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. <Amended by Act No. 15352, Jan. 16, 2018> |
| (4) | Where the court suspends a sentence for a person who has committed a sex offense against a child or youth, it may concurrently issue either of probation order or community service order, or both orders within the period of suspended execution. |
| (5) | An order to attend education or complete a program under paragraph (2) shall be executed within the period of the suspended execution when the execution of punishment is suspended, within six months from the day the judgment is made final and conclusive if punishment of a fine is sentenced, and within the period of punishment if imprisonment with labor or greater punishment is sentenced: Provided, That no order to attend education or complete a program shall be imposed concurrently if a person who has committed a sex offense against a child or youth is subject to an order to attend education or complete a program under Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. |
| (6) | An order to attend education or complete a program under paragraph (2) shall be executed by the head of a probation office when it is issued concurrently with the suspended execution of punishment or with the sentence of punishment of a fine, and by the head of a correctional institution when it is issued concurrently with any sentence of imprisonment with labor or greater punishment: Provided, That where no sentence can be executed on account of the release or parole of the relevant person, or inclusion of the number of days of pre-trial detention, etc. before the order to attend education or complete a program concurrently issued with the sentence of imprisonment with labor or greater punishment is fully executed, the unexecuted part of the order to attend education or order to complete a program shall be executed by the head of a probation office. |
| (7) | An order to attend education or complete a program under paragraph (2) shall be executed as follows: |
| 1. | Diagnosis of and counseling for deviant abnormal behaviour; |
| 2. | Education for sound understanding of sex; |
| 3. | Other matters necessary for preventing sex offenders from recommitting an offense. |
| (8) | The head of a probation office or correctional institution may wholly or partially entrust the Minister of Gender Equality and Family to execute an order to attend education or complete a program pursuant to paragraph (2). |
| (9) | The Act on Probation, Etc. shall apply mutatis mutandis to matters concerning probation, community service, an order to attend education or complete a program, except as otherwise expressly prescribed by this Act. |
| Article 21-2 (Investigation of Recidivism) |
| (1) | The Minister of Justice may investigate whether a person who attended education or completed a program as ordered under Article 21 (2) have recommitted a sex offense against a child or youth to evaluate the effect of such education or program. |
| (2) | The Minister of Justice may request the head of a related agency for the records of criminal history or investigation of a person who attended education or completed a program as ordered to investigate whether the person has recommitted a crime during a period of five years from the time the execution of order is completed. |
[This Article Newly Inserted by Act No. 14236, May 29, 2016]
| Article 22 (Investigation before Judgment) |
| (1) | If deemed necessary for imposing a probation order, an order for community service, an order to attend education or complete a program pursuant to Article 21, or an employment restriction order pursuant to Article 56, the court may request the head of a probation office having jurisdiction over the place of the domicile of the accused to investigate the matters concerning the accused, such as physical and mental characteristics and conditions, psychosexual development process, background of growth, home environment, occupation, living environment, network of friends, criminal intent, medical history, relationship with the victim, and risk of re-offending. <Amended by Act No. 15352, Jan. 16, 2018> |
| (2) | Upon receipt of a request made under paragraph (1), the head of a probation office shall conduct an investigation without delay and inform the relevant court of the results thereof in writing. In such cases, if deemed necessary, he/she may summon the accused or other related persons and question them or have a probation officer under his/her jurisdiction investigate necessary matters. |
| (3) | The court may request the head of a probation office in receipt of a request made under paragraph (1) to report on the progress of the investigation. |
| Article 23 (Requests for Divestment of Parental Power, etc.) |
| (1) | If the offender in the relevant case is a person with parental power or a guardian of the relevant victimized child or youth, a prosecutor who investigates a sex offense case against a child or youth shall request the competent court to render an adjudication of divestment of parental power prescribed in Article 924 of the Civil Act or make a decision on the replacement of a guardian prescribed in Article 940 of the same Act: Provided, That this shall not apply where any extenuating circumstance exists wherein no divestment of parental power should be decided by adjudication or no decision on the replacement of a guardian should be made. |
| (2) | The heads of the following institutions, facilities, or organizations may request prosecutors to file a request referred to in paragraph (1). In such cases, the prosecutors, in receipt of such request, shall notify the heads of such institutions, facilities, or organizations of the outcomes of processing such request within 30 days after receipt of such request: <Amended by Act No. 16248, Jan. 15, 2019> |
| (3) | When the head of each institution, facility, or organization notified of the outcomes of processing pursuant to the latter part of paragraph (2) has an objection to such outcomes, he/she may file a request prescribed in paragraph (1) directly with the competent court within 30 days after receiving the notification. |
| Article 24 (Decisions on Protective Measures for Victimized Children or Youth) |
Where the court adjudicates the offender in a sex offense case against a child or youth to be divested of his/her parental power pursuant to Article 924 of the Civil Act, it may decide on a protective measure, such as delivering the relevant victimized child or youth to another person with parental power or a relative, or to an institution, facility, or organization referred to in Article 45 or 46. In such cases, the court shall respect the opinion of the relevant child or youth.
| Article 25 (Considerations in Investigation Procedures and Judicial Proceedings) |
| (1) | Each of investigation agency, court, and person involved in the litigation shall pay attention not to impair the victim's character or honor or infringe upon his/her privacy in the course of investigation, examination, or judgment, taking into careful consideration the age, mental state, and existence of any stress disorder, etc. of the victim of the sex offense against child or youth. |
| (2) | When investigating, examining, or judging a victim of the sex offense against child or youth, each investigation agency and court shall create a circumstance where the victim can make his/her statements comfortably, and shall minimize the number of investigation, examination, and judgment to the least required. |
| Article 26 (Recording, Keeping, etc. of Images) |
| (1) | Statements of a victim of a sex offense against a child or youth and the process of investigation shall be recorded with a recording device, such as a video recorder, and preserved. |
| (2) | No image under paragraph (1) shall be recorded when the victim or his/her legal representative expresses his/her intention that disapproves of the recording: Provided, That this shall not apply where the offender is one of those who have parental power. |
| (3) | Image recording under paragraph (1) shall be made throughout the entire process from the commencement of investigation to the end thereof, to contain objective circumstances, and upon completion of the recording, the original image shall be sealed without delay in front of the victim or his/her attorney-at-law, and the victim shall be made to put his/her name and seal, or signature, thereto. |
| (4) | A prosecutor or judicial police officer shall record in protocol or in a separate document, the time the victim has arrived at a place of recording under paragraph (1), the start and finish time of recording, and other matters necessary to confirm the progress of recording process, and bind it with the investigative record as a file. |
| (5) | Where requested by a victim or his/her legal representative, a prosecutor or judicial police officer shall deliver to the requester a copy of the protocol prepared in the course of recording images, or allow him/her to play and watch the images. |
| (6) | The statement of a victim contained in the images recorded in accordance with the procedures in paragraphs (1) through (4) may be used as evidence when the veracity of its constitution is acknowledged, on the date of preparation of a trial or on the date of a trial, by the victim or a person in fiduciary relationship who has sit in company with the victim in the process of investigation. |
| (7) | No one shall use images recorded under paragraph (1) for any purpose other than investigation and court judgment. |
| Article 27 (Special Cases concerning Preservation of Evidence) |
| (1) | When any circumstance exists wherein it is substantially impracticable for a victim of a sex offense against a child or youth to make a testimony by presenting himself/herself on the date of trial, the victim, his/her legal representative, or the police may, by clearly explaining the reason, ask the prosecutor who investigates the relevant sex offense to request the preservation of images recorded under Article 26 or other evidence, in accordance with Article 184 (1) of the Criminal Procedure Act. |
| (2) | A prosecutor who is asked to make a request under paragraph (1) shall file a request for the preservation of evidence, if he/she deems that such asking has due grounds. |
| Article 28 (Sitting with Person in Fiduciary Relationship) |
| (1) | In examining a victim of a sex offense against a child or youth as a witness, the court shall require a person who is in a fiduciary relationship with a victim to sit in company with the victim, if requested by the prosecutor, victim or his/her legal representative, unless any extenuating circumstance exists, such as concern about disruption of the trial. |
| (2) | Paragraph (1) shall apply mutatis mutandis where an investigation is conducted against the victim referred to in paragraph (1). |
| (3) | In cases falling under paragraph (1) or (2), the court and the investigative agency shall not require a person who is in a fiduciary relationship with a victim to sit in company with the victim, if he/she is in condition unfavorable to the victim, or if it is contrary to the victim's wishes. |
| Article 29 (Reading or Photocopying Documents or Evidence) |
A victim of a sex offense against a child or youth, his/her legal representative, or lawyer may read or photocopy the relevant documents or evidence after obtaining permission from the presiding judge.
| Article 30 (Special Cases concerning Appointment of Lawyer for Victimized Child, Youth, etc.) |
| (1) | A victim of a sex offense against a child or youth, or his/her legal representative may appoint a lawyer to protect himself/herself from any harm which may be caused during the criminal procedure and to ensure legal assistance. |
| Article 31 (Prohibition against Divulgence of Confidential Information) |
| (1) | No current or former public official who is responsible for, or involved in, investigations or trials on sex offenses against children or youth shall make public or divulge to any third person any personal information that may identify such children or youth, such as the address, name, age, school, occupation and appearance of the victimized children or youth or the children or youth involved, or their pictures, etc., or confidential information about the privacy of such children or youth. |
| (2) | No head of any institution, facility or organization under Articles 45 and 46 or a person who has served or serves as their assistants shall divulge any confidential information he/she has become aware of in the course of performing his/her duties to any third person. |
| (3) | No person shall publish any personal information that may identify victimized children or youth or children or youth involved, such as the address, name, age, school, occupation and appearance of such children or youth, or their pictures, etc. in newspapers or other publications, or make them public through broadcasting defined in subparagraph 1 of Article 2 of the Broadcast Act (hereinafter referred to as "broadcasting") or any information and communications network. |
| (4) | Any person who violates any of paragraphs (1) through (3) shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 50 million won. In such cases, imprisonment with labor and a fine may be imposed concurrently. |
| Article 32 (Joint Penalty Provisions) |
When the representative of a corporation, or an agent, employee, or other servant of the corporation or an individual commits an offense falling under any of Articles 11 (3) and (5), 14 (3), 15 (2) and (3), and 31 (3) in connection with the business of the corporation or the individual, not only shall such offender be punished, but the corporation or individual shall also be punished by a fine under the relevant provisions, and where such person commits an offense falling under any of Articles 11 (1), (2), (4) and (6), 12, 14 (1), (2) and (4), and 15 (1), not only shall such offender be punished, but the corporation or individual shall also be punished by a fine not exceeding 50 million won: Provided, That this shall not apply where such corporation or individual has not been negligent in paying due attention and supervision concerning the relevant duties to prevent such offence.
| Article 33 (Punishment of Korean Citizens who Commit Offenses Overseas) |
Where criminally prosecuting a Korean citizen who commits a sex offense against a child or youth outside the territory of the Republic of Korea, pursuant to Article 3 of the Criminal Act, the State shall endeavor to obtain criminal information swiftly from the relevant foreign country and punish such offender.
CHAPTER III REPORTS ON SEX OFFENSES AGAINST CHILDREN OR YOUTH, AND EMERGENCY MEASURES AND SUPPORT THEREFOR
| Article 34 (Reporting on Sex Offenses against Children or Youth) |
| (1) | Any person who becomes aware of the occurrence of a sex offense against a child or youth may report such offense to an investigative agency. |
| (2) | When the head of any of the following institutions, facilities, or organizations and any employee thereof becomes aware of the occurrence of a sex offense against a child or youth in the course of performing his/her duties, he/she shall immediately report such offense to an investigative agency: <Amended by Act No. 12329, Jan. 21, 2014; Act No. 15352, Jan. 16, 2018> |
| (3) | Except as otherwise expressly provided for in other Acts, no person shall publish any information or material that may identify reporters, etc., such as their personal information or pictures, in publications, or disclose them through broadcasting or any information and communication network. |
| Article 35 (Education of Persons Liable to Report) |
| (1) | The heads of the relevant administrative agencies shall include educational contents related to the prevention of sex offenses against children or youth and obligations to report, in the curriculum for acquiring a license for the heads of institutions, facilities, or organizations under each subparagraph of Article 34 (2) and the employees thereof. |
| (2) | The Minister of Gender Equality and Family may provide education on the prevention of sex offenses and obligations to report to the heads of institutions, facilities, or organizations under each subparagraph of Article 34 (2) and the employees thereof. |
| (3) | Matters necessary for providing the education prescribed in paragraph (2) shall be prescribed by Presidential Decree. |
| Article 36 (Protection of Victimized Children or Youth) |
| Article 37 (Counseling and Treatment of Victimized Children, Youth, etc.) |
| (1) | For physical and mental recovery of victimized children, youth, etc., the State may request the counseling facilities referred to in Article 46 or the medical institutions taking exclusive charge of victims of sexual violence designated under Article 27 of the Sexual Violence Prevention and Victims Protection Act to provide counseling or treatment programs (hereinafter referred to as "counseling and treatment programs") to the following persons: |
| 1. | A victimized child or youth; |
| 2. | The guardian or siblings of a victimized child or youth; |
| 3. | Other persons prescribed by Presidential Decree. |
| (2) | No institution in receipt of a request to provide counseling and treatment programs under paragraph (1) shall reject such request without any justifiable ground. |
CHAPTER IV GUIDANCE, PROTECTION, ETC. FOR CHILDREN AND YOUTH
| Article 38 (Investigation, etc. of Children or Youth Involved) |
| (2) | Where a judicial police officer discovers a child or youth involved, he/she shall investigate the case promptly and forward it to a prosecutor without delay, attaching his/her opinion as to whether it is reasonable to handle the case as a juvenile protection case under the jurisdiction of the juvenile department of a family court or the juvenile department of a district court (hereinafter referred to as "juvenile department in the competent court") pursuant to the Juvenile Act. |
| (3) | Where a prosecutor or judicial police officer discovers a child or youth involved, he/she shall notify the legal representative of the child or youth or a person who actually protects the child or youth (hereinafter referred to as "legal representative, etc.") thereof, if no extenuating circumstance exists. |
| (4) | If the legal representative, etc. of a child or youth involved or the head of an institution, facility or organization referred to in each subparagraph of Article 34 (2) discovers a child or youth involved, he/she may notify the juvenile department in the competent court thereof. |
| Article 39 (Forwarding Cases to Juvenile Department) |
| (1) | Where a prosecutor deems it reasonable to impose a protective disposition under the Juvenile Act on a child or youth involved in consideration of the nature, motives, and consequences of the case forwarded pursuant to Article 38 (2) as well as the character and conduct of the offender, etc., he/she may forward the case to the juvenile department in the competent court. |
| (2) | Where a prosecutor examines whether to forward a case to the juvenile department under paragraph (1) and concludes that forwarding it is inappropriate, and where he/she deems it necessary to provide protection or rehabilitation to the child or youth involved, he/she shall require such child or youth involved to complete necessary educational or counseling programs. |
| (3) | Matters necessary for educational or counseling programs under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 40 (Protective Dispositions on Children, Youth, etc. Involved) |
| (1) | A judge of the juvenile department in the competent court to which a case is forwarded pursuant to Article 39 (1) or 44 (1) may impose any of the following protective dispositions on the relevant child or youth: |
| (2) | Where a disposition for probation referred to in Article 32 (1) 4 or 5 of the Juvenile Act is imposed on a child or youth involved pursuant to paragraph (1) 1, an order to attend education may be issued concurrently. |
| (3) | A period of entrustment under paragraph (1) 2 shall be six months, but a judge of the juvenile department in the competent court may extend such period only once up to six months. |
| (4) | Although the period of entrustment under paragraph (3) is not terminated, a judge of the juvenile department in the competent court may decide on the termination of such entrustment, if he/she deems it necessary. |
| (5) | Where the court concurrently imposes an order to attend education pursuant to paragraph (2), the head of a probation office may entrust the Minister of Gender Equality and Family with the execution of such order to attend education. |
| Article 41 (Requests for Measures for Victimized Children, Youth, etc.) |
If deemed necessary to keep a child or youth victimized by a sex offense out of harm's way or to protect him/her continuously, a prosecutor may file a request with the court for taking measures under subparagraphs 2 through 5, along with the probation under subparagraph 1: Provided, That the same shall not apply where the matters to be complied with are imposed to the offender in accordance with Article 9-2 (1) 2 and 3 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, such as prohibition from entry to a specific area:
| 2. | Measures to separate the offender from the residence, etc. of the victimized child or youth or evict the offender therefrom; |
| 3. | Measures to prohibit the offender or his/her agent from approaching within 100 meters from the residence, school, etc. of the victimized child or youth; |
| 5. | Measures necessary for protecting the victimized child or youth, such as a decision to entrust him/her to a protection facility prescribed in Article 45. |
| Article 42 (Judgments, etc. on Protective Dispositions on Victimized Children, Youth, etc.) |
| (1) | When the court deems that a request for a protective disposition filed under Article 41 has reasonable grounds, a protective disposition for a fixed period not exceeding six months shall be sentenced by a judgment. |
| (2) | Any of the protective dispositions prescribed in the subparagraphs of Article 41 may be imposed concurrently. |
| (3) | A prosecutor may, if deemed necessary, request the court to extend the period of a protective disposition referred to in paragraph (1). In such cases, the number of extensions shall be not more than three times, and the period of each extension shall not exceed six months. |
| (4) | A judgment on a protective disposition shall be sentenced concurrently with a judgment on a sex offense against a child or youth. |
| (5) | A victim or his/her legal representative may request the competent court to change the decision on a protective disposition, when the victim has moved his/her residence, etc. after the protective disposition had been rendered under subparagraphs 1 and 2 of Article 41. |
| (6) | When the court decides to impose a protective disposition under paragraph (1), it shall notify each of prosecutor, victim, offender, probation officer, and head of the relevant protection facility entrusted with and performs a protective disposition: Provided, That if the protection facility is operated by a private entity, consent to the entrustment shall be obtained from the head of a protection facility. |
| Article 43 (Change or Termination of Protective Dispositions on Victimized Children, Youth, etc.) |
| (1) | A prosecutor may request the court to change the details of a protective disposition decided under Article 42 or terminate the effect thereof. |
| (2) | Where any request is filed under paragraph (1), the court shall examine the appropriateness of the relevant protective disposition imposed on a victimized child or youth, and shall change its details or terminate its effect, if deemed necessary. |
| Article 44 (Treatment of Child or Youth Perpetrators) |
| (1) | Where a child or youth who is more than 10 years, but less than 14 years old, commits any offense defined in subparagraph 2 (b) or (c) of Article 2 or Article 7, an investigative agency shall investigate it immediately, and forward the case to the juvenile department in the competent court. |
| (2) | Where any child or youth who is more than 14 years, but less than 16 years old, commits any offense falling under paragraph (1) and the case is forwarded to the juvenile department in the competent court, the judge of the juvenile department in the court in receipt of the case may impose any of the following protective dispositions on such child or youth: |
| (3) | Where a judicial police officer discovers any child or youth perpetrator referred to in paragraph (1), he/she shall notify the legal representative, etc. of such child or youth perpetrator thereof, if no extenuating circumstance exists. |
| (4) | Where a judge imposes a disposition prescribed in Article 32 (1) 4 or 5 of the Juvenile Act against a child or youth perpetrator whose case has been forwarded to the juvenile department in the competent court under paragraph (1) or (2), he/she shall issue an order to attend education necessary for the prevention of re-offending. |
| (5) | Where a prosecutor examines whether to forward a case of a child or youth perpetrator to the juvenile department and concludes that forwarding it is inappropriate, he/she shall require such child or youth perpetrator to complete educational or counseling programs necessary for the prevention of re-offending. |
| (6) | Matters necessary for educational or counseling programs referred to in paragraph (5) shall be prescribed by Presidential Decree. |
| Article 45 (Protection Facilities) |
| 2. | Support for the protection and independence of children or youth involved; |
| 3. | Connecting and entrusting children or youth involved requiring long-term medical care, to other institutions. |
| Article 46 (Counseling Facilities) |
| 2. | Connecting and entrusting children or youth involved to hospitals or relevant facilities; |
| 3. | Any other surveys and research related to child or youth sex trafficking, etc. |
| 1. | Duties prescribed in the subparagraphs of paragraph (1); |
| 2. | Taking victimized children or youth disabled to live an ordinary life by sexual violence against them or who are in need of urgent protection due to other circumstances to hospitals or protective facilities for the victims of sexual violence, or providing them with temporary protection; |
| 3. | Helping victimized children or youth physically and mentally recover and return to the society; |
| 4. | Requesting the Korean Bar Association, the Korea Legal Aid Corporation and other relevant institutions to render necessary cooperation and support for taking judicial proceedings, such as civil and criminal procedures and claiming compensation for damage; |
| 5. | Public relations campaigns for the prevention and prohibition of sexual violence against children or youth; |
| 6. | Surveys and research on sexual violence against children or youth and damage therefrom; |
| 7. | Other duties required for protecting victimized children or youth. |
| Article 47 (Establishment and Operation of Institutions Specialized in Sex Education for Children and Youth) |
| (1) | In order to create sound sex values and prevent sex offenses, the State and local governments may establish institutions specialized in sex education for children and youth (hereinafter referred to as "institutions specialized in sex education") or entrust the relevant duties to specialized organizations. |
| (2) | Matters concerning entrustment under paragraph (1) and matters necessary for qualifications for employees, including staff members of institutions specialized in sex education, and standards for establishment and operation thereof shall be prescribed by Presidential Decree. |
| Article 48 (Operation of Educational Programs, etc.) |
| (1) | In order to protect children and youth from sexual exploitation and abuse, protection facilities or counseling facilities referred to in Articles 45 and 46 may fulfill each of the following duties: |
| 1. | Guidance and protection of children or youth involved by means of education, counseling, etc. under Article 39 (2); |
| 2. | Operation of programs to help victimized children or youth and children or youth involved with treatment, recovery of stability and returning to society; |
| 3. | Operation of educational and counseling programs for legal representatives, etc. of victimized children or youth and children or youth involved; |
| 4. | Operation of educational and counseling programs for offending children or youth in sexual violence against children or youth, their legal representatives, etc.; |
| 5. | Education of experts in protection of children and youth against sexual abuse; |
| 6. | Other duties prescribed by Presidential Decree for protecting children or youth from sex offenses against children or youth. |
| (2) | The State and local governments may partially subsidize expenses incurred in fulfilling the duties of protection facilities and counseling facilities under paragraph (1) within budgetary limits. |
CHAPTER V DISCLOSURE OF PERSONAL INFORMATION OF PERSONS CONVICTED OF SEX OFFENSES, RESTRICTIONS ON THEIR EMPLOYMENT, ETC.
| Article 49 (Disclosure of Registered Information) |
| (1) | With respect to any of the following persons, the court shall pronounce an order to disclose information prescribed in paragraph (3) through an information and communications network during the registration period prescribed in Article 45 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "order to disclose information") in concurrence with a judgment on a sex offense case against a child or youth: Provided, That the same shall not apply where the accused is a child or youth, or any other special circumstance against disclosure of personal information exists: |
| 1. | A person who commits sexual violence against a child or youth; |
| 3. | A person who has committed a sex offense against a child or youth under the age of 13 and is deemed likely to recommit a sex offense against a child or youth under the age of 13; |
| 4. | An unpunishable person under Article 10 (1) of the Criminal Act even though he/she has committed an offense falling under subparagraph 1 or 2, and is deemed likely to recommit an offense falling under subparagraph 1 or 2. |
| (2) | A period of disclosure of registered information under paragraph (1) (which shall not exceed the period prescribed in Article 7 of the Act on the Lapse of Criminal Sentences) shall be counted from the date a judgment is made final and conclusive: Provided, That where a person subject to an order to disclose personal information (hereinafter referred to as "person subject to disclosure of information") is sentenced to an actual penalty or medical treatment and custody, such period shall be counted from the date the execution of such penalty or medical treatment and custody is wholly or partially terminated or exempted, and if the concerned person is brought to trial for a crime committed concurrently with sex offenses that require the registration of personal information pursuant to paragraph (1) (hereinafter referred to as “sex offenses subject to registration” in this Article), for another crime which is brought to trial while the person is confined on charges of sex offenses subject to registration, or for sex offenses subject to registration while the person is confined on charges of another crime, the period of being confined to a correctional facility or a medical treatment and custody facility shall not be counted in calculation of period of disclosure of registered information. <Amended by Act No. 14236, May 29, 2016> |
| (3) | Registration information provided for public disclosure pursuant to paragraph (1) (hereinafter referred to as "information for disclosure") shall be as follows: |
| 3. | Address and actual place of residence (up to road name as defined in subparagraph 5 of Article 2 of the Road Name Address Act and building number as defined in subparagraph 7 of the same Article); |
| 4. | Body size (height and weight); |
| 6. | Summary of a sex offense subject to registration (including date of judgment, name of the offense and pronounced sentence); |
| 7. | Previous criminal record of sexual violence (names of crimes and number of time of crimes); |
| (4) | The detailed form and contents of information for disclosure shall be prescribed by Presidential Decree. |
| (5) | Any person who intends to inspect information for disclosure via an information and communications network shall undergo procedures for actual name verification. |
| (6) | Detailed methods of, and procedures for actual name verification, and technology and management for preventing information for disclosure from being leaked shall be prescribed by Presidential Decree. |
| Article 50 (Notification of Registered Information) |
| (1) | With respect to any of the following persons, who are subject to disclosure of information, the court shall issue an order to notify the persons prescribed in paragraph (5) of the information subject to notification under paragraph (4) (hereinafter referred to as "order to notify information") during a period set to disclose information under Article 49 by a court judgment, in concurrence with a judgment on a sex offense case subject to registration: Provided, That the same shall not apply where the accused is a child or youth, or where any other special circumstance against disclosure of personal information exists: |
| 1. | A person who has committed sexual violence against a child or youth; |
| 3. | An unpunishable person under Article 10 (1) of the Criminal Act even though he/she has committed an offense falling under subparagraph 1 or 2, who is deemed likely to recommit an offense falling under subparagraph 1 or 2. |
| (2) | A person against whom an order to notify information is sentenced (hereinafter referred to as "person subject to notification of information") shall be deemed a person against whom an order to disclose information is sentenced. |
| (3) | An order to notify information shall be executed within the following periods: |
| 1. | In cases of a person subject to notification of information who is sentenced to suspended execution, within one month from the date of the first registration of his/her personal information; |
| 2. | In cases of a person subject to notification of information sentenced to imprisonment without labor or greater punishment, within one month from the date of moving-in to the region where he/she shall be domiciled after being released from prison; |
| 3. | Where a person subject to notification of information relocates to another region, within one month from the date of registration of changed information. |
| (4) | Information to be notified under paragraph (1) shall be as follows: |
| 1. | Where a person subject to notification of information is already domiciled or has moved in, information for disclosure under Article 48 (3): Provided, That his/her address and actual place of domicile referred to in Article 49 (3) 3 shall include his/her detailed address; |
| 2. | Where a person subject to notification of information relocates, information notified under paragraph (1) and information concerning his/her relocation. |
| Article 51 (Execution of Orders to Notify Information) |
| (1) | The Minister of Gender Equality and Family shall execute orders to notify information. |
| (2) | When a judgment on an order to notify information becomes final and conclusive, the court shall forward a certified copy of the written judgment to the Minister of Justice within 14 days from the date the judgment becomes final and conclusive, and the Minister of Justice shall forward the information on the person subject to notification of information at the time of initial registration and registration for change, period for notification, and information to be notified under the subparagraphs of Article 50 (4) to the Minister of Gender Equality and Family without delay so that the order to notify information can be executed within the period prescribed in Article 50 (3). |
| (3) | Where a person subject to notification of information is released from prison, the Minister of Justice shall forward the following information to the Minister of Gender Equality and Family by no later than one month prior to his/her release: |
| 1. | A prearranged date on which a person subject to notification of information is to be released from prison; |
| 2. | A detailed address of the place of residence where a person subject to notification of information will be domiciled. |
| (6) | The Minister of Gender Equality and Family may entrust the head of the Eup/Myeon where a person subject to notification of information actually resides or the head of the relevant Dong community center with affairs concerning the mailing of information to be notified or posting thereof in bulletins under paragraphs (4) and (5) among the affairs related to the execution of an order to notify information. |
| (7) | The head of an Eup/Myeon or the head of a Dong community center who is entrusted under paragraph (6) shall perform the affairs related to the mailing and posting in bulletins. |
| (8) | The Minister of Gender Equality and Family may execute an order to notify information by any means, other than notification prescribed in paragraph (4). |
| (9) | Matters necessary for the execution of orders to notify information and procedures for notification shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 51-2 (Correction, etc. of Notified Information) |
| (1) | Any person who finds errors in the information notified according to Article 51 may request correction thereof to the Minister of Gender Equality and Family. |
| (2) | The Minister of Gender Equality and Family may, in receipt of the request for correction of the notified information under paragraph (1), inform the Minister of Justice of such request, and the Minister of Justice may require the chief of a police station having jurisdiction over the place of address of a person subject to notification to ascertain the authenticity of and confirm any modification to the notified information through direct confrontation or other measures. |
| (3) | Where the Minister of Justice confirms the notified information has errors under paragraph (2), he/she shall register modifications to the information as prescribed by the Presidential Decree, and send the results thereof to the Minister of Gender Equality and Family, and the Minister of Gender Equality and Family shall inform that the information notified in the manner referred to in Article 51 (4) has been corrected. |
| (4) | The Minister of Gender Equality and Family shall notify a person who requested a correction of notified information under paragraph (1) of the results of process under paragraph (3). |
| (5) | The methods and procedure of requesting a correction of notified information under paragraph (1), notification to the Minister of Justice under paragraph (2), request for inquiry or information, methods and procedure of requesting confirmation, and methods, etc. of notification of the results of process under paragraph (4) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 15352, Jan. 16, 2018]
| Article 52 (Execution of Orders to Disclose Information) |
| (1) | The Minister of Gender Equality and Family shall execute orders to disclose information through an information and communications network. |
| (2) | Where a judgment on order to disclose information becomes final and conclusive, the court shall forward a certified copy of the written judgment to the Minister of Justice within 14 days from the date the judgment becomes final and conclusive, and the Minister of Justice shall forward the information on the person subject to disclosure of information at the time of initial registration and registration for change, period of disclosure, and information for disclosure prescribed in the subparagraphs of Article 49 (3) to the Minister of Gender Equality and Family without delay so that the order to notify information can be executed within the period of disclosure prescribed in Article 49 (2). |
| (3) | Detailed matters concerning the execution of orders to disclose information, procedures for disclosure, management and other matters shall be prescribed by Presidential Decree. |
| Article 53 (Guidance and Publication of Criminal Information) |
| (1) | The Minister of Gender Equality and Family shall publicize the trends and tendencies of occurrence of sex offenses against children or youth, and other matters necessary for guidance on at least two occasions each year. |
| (2) | To analyze tendencies, etc. of sex offenses under paragraph (1), the Minister of Gender Equality and Family may request the relevant administrative agencies to provide data on persons who have received final and conclusive verdict of guilty on their sex offenses. |
| Article 54 (Confidentiality) |
No person who performs or has performed the duties of disclosing and notifying personal information of sex offenders subject to registration shall divulge any registered information that he/she has become aware of in the course of performing his/her duties.
| Article 55 (Prohibition of Abuse of Information for Disclosure) |
| (1) | Information for disclosure shall be used only to identify persons who are likely to commit sex offenses in order to protect children and youth against sexual abuse. |
| (2) | No one who ascertains information for disclosure shall do any of the following acts by using such information for disclosure: |
| 1. | Releasing information for disclosure through a newspaper, magazine, or other publication, broadcasting or information and communications networks; |
| 2. | Correcting or deleting information for disclosure. |
| (3) | No one who has ascertained the information for disclosure shall discriminate against persons subject to disclosure of information by using such information for disclosure for any of the following purposes, other than for the purposes of protection from sex offenses subject to registration: <Amended by Act No. 15352, Jan. 16, 2018> |
| 1. | Employment (excluding employment by child or youth-related institutions, etc. under Article 56 (1)); |
| 2. | Use of houses or social welfare facilities; |
| 3. | Education and vocational training at educational institutions. |
| Article 56 (Restrictions, etc. of Employment at Child or Youth-Related Institutions, etc.) |
| (1) | Where the court sentences a person (excluding persons sentenced to punishment of a fine under Article 11 (5)) to a penalty or medical treatment and custody for committing a sex offense against a child, youth, or adult (hereinafter referred to as "sex offense"), it shall issue an order (notifies in cases of a summary order) to prohibit such person from operating any of the following facilities, institutions, or workplace (hereinafter referred to as "child or youth-related institutions, etc.") referred to in the following subparagraphs, or from finding a job at, or providing actual labor to, the child or youth-related institutions, etc. (hereinafter referred to as an employment restriction order) for a specified period from the date the execution of such penalty or medical treatment and custody is wholly or partially terminated, suspended, or exempted (where a person is sentenced to punishment of a fine, referring to the date such sentence is made final and conclusive; hereinafter referred to as “period of restricted employment”), concurrently as it renders a judgement on the sex offense: Provided, That the foregoing shall not apply where the person is very unlikely to recommit a crime, or where it is deemed there are extenuating circumstances to lift the restriction of employment: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12329, Jan. 21, 2014; Act No. 13805, Jan. 19, 2016; Act No. 14236, May 29, 2016; Act No. 15352, Jan. 16, 2018; Act No. 15452, Mar. 13, 2018> |
| 2-2. | Student counseling centers or entrusted educational institutions that are established and operated directly, or operated by entrustment, by Offices of Education of Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Special Self-Governing Province, or Offices of Education referred to in Article 34 of the Local Education Autonomy Act; |
| 3. | Private teaching institutes defined in subparagraph 1 of Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, teaching schools defined in subparagraph 2 and private tutors defined in subparagraph 3 of the same Article of the same Act (referring to private teaching institutes, teaching schools, and private tutors for children and youth designated by the Minister of Education, the use of which by children and youth is not restricted); |
| 10. | Housing management offices of collective housing defined in subparagraph 2 of Article 2 of the Housing Act. In such cases, limited to a person directly engaged in security work; |
| 15. | Places of business for planning, supervising and operating youth activities defined in subparagraph 3 of Article 3 of the Framework Act on youth for commercial purposes (hereinafter referred to as "business establishments for planning youth activities"); |
| 16. | Places of business where popular culture planners defined in subparagraph 7 of Article 2 of the Popular Culture and Arts Industry Development Act train, guide, counsel popular culture artists defined in subparagraph 3 of the same Article in line with popular culture planning business defined in subparagraph 6 of the same Article (hereinafter referred to as "business establishments for popular culture and arts planning"); |
| 17. | Any of the following institutions, facilities or places of business where the employment of children or youth or their entrance is permitted (hereafter referred to as "facilities, etc." in this subparagraph), the types of which are prescribed by Presidential Decree: |
| (a) | Facilities, etc. where there exist or may exist business-related or de-facto power relationship between children or youth, and the operators or employees of, or persons providing actual labor to, relevant facilities, etc.; |
| (b) | Facilities, etc. favored and frequented by children and youth, over which there are concerns that children and youth could fall victim to sexual assault by the operators, employees, or persons providing actual labor in the process of operating relevant facilities, etc.; |
| 18. | Places of business which recruit or hire persons who provide educational services directly to children and youth who come for learning or by other ways such as visiting home of children and youth (hereinafter referred to as workplace of private tutors visiting home, etc.). In such cases, limited to a person engaged in business of educational services provided directly to children and youth; |
| 20. | Public facilities designated by the Minister of the Interior and Safety that are used by children and youth, among public facilities referred to in Article 144 of the Local Autonomy Act; |
| (2) | The period of restricted employment under paragraph (1) shall not exceed 10 years. <Newly Inserted by Act No. 15352, Jan. 16, 2018> |
| (3) | Where the court intends to issue an employment restriction order under paragraph (1), it may seek opinions on the recidivism risk of the person subject to restriction order of employment from neuropsychiatrists, psychologists, scholars of social welfare science, and other relevant experts. <Newly Inserted by Act No. 15352, Jan. 16, 2018> |
| (4) | The head of a local government, the superintendent of education or the head of a district office of education having jurisdiction over the establishment of, authorization for, or reporting on the establishment of child or youth-related institutions, etc. under the subparagraphs (excluding subparagraph 10) of paragraph (1) shall request the heads of the relevant agencies for an inquiry of sex offense history of a person who intends to run child or youth-related educational institutions, etc.: Provided, That if a person who intends to run child or youth-related institutions, etc. directly submits a written reply to a request for inquiry of sex offense history to the head of a local government, the superintendent of education or the head of a district office of education, it shall be deemed the inquiry of sex offense history has been conducted. <Amended by Act No. 14236, May 29, 2016> |
| (5) | The head of each child or youth-related institution, etc. shall verify the sex offense history of a person currently working for or providing actual labor to the institution, or a person intending to be employed by or to provide actual labor to the institution (hereinafter referred to as “employees, etc.”), and in such cases, he/she shall request the heads of the relevant agencies to inquire into sex offense history after obtaining consent from the relevant person: Provided, That if employees, etc. directly submit a written reply to a request for inquiry of sex offense history to the heads of child or youth-related institutions, etc., it shall be deemed the inquiry of sex offense history has been conducted. <Amended by Act No. 14236, May 29, 2016> |
| (6) | The heads of the relevant agencies shall issue a written reply to a request for inquiry of sex offense history upon receipt of a request for inquiry into sex offense history under paragraphs (4) and (5). <Newly Inserted by Act No. 14236, May 29, 2016; Act No. 15352, Jan. 16, 2018> |
| (7) | Matters necessary for procedures for and scope of making inquiries into sex offense history under paragraphs (4) through (6) and others shall be prescribed by Presidential Decree. <Amended by Act No. 14236, May 29, 2016; Act No. 15352, Jan. 16, 2018> |
[Simple unconstitutionality, 2013HeonMa585, March, 31, 2016, the phrase referring to ‘a person sentenced to a penalty for committing a sex offense against an adult and for whom such sentence is made final and conclusive’ in Article 56 (1) 12 of the Act on Protection of Children and Youth against Sexual Abuse (Wholly Amended by Act No. 11572, Dec. 18, 2012) that prohibits such person from opening a medical institution or working for such institution is in contravention of the Constitution.]
[Simple unconstitutionality, 2015HeonMa98, Apr. 28, 2016, the phrase referring to ‘a person sentenced to a penalty or medical treatment and custody for committing a sex offense against a child or youth, and for whom such sentence is made final and conclusive’ in Article 56 (1) of the Act on Protection of Children and Youth against Sexual Abuse (Amended by Act No. 12329, Jan. 21, 2014) is in contravention of the Constitution.]
[Simple unconstitutionality, 2015HeonMa359, Jul. 28, 2016, the phrase referring to ‘a person sentenced to a penalty for committing a sex offense against an adult and for whom such sentence becomes made final and conclusive’ in “Private teaching institutes defined in subparagraph 1 of Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons” in Article 56 (1) 3 of the Act on Protection of Children and Youth against Sexual Abuse (Wholly Amended by Act No. 11572, Dec. 18, 2012) is in contravention of the constitution.]
[Simple unconstitutionality, 2015HeonMa914, Jul. 28, 2016, the phrase referring to ‘a person sentenced to a penalty for committing a sex offense against an adult and for whom such sentence is made final and conclusive’ in Article 56 (1) 3 of the Act on Protection of Children and Youth against Sexual Abuse (Wholly Amended by Act No. 11572, Dec. 18, 2012) is in contravention of the Constitution.]
[Simple unconstitutionality, 2014HeonMa709, Oct. 27, 2016, the phrase referring to ‘a person sentenced to a penalty for committing a crime referred to in Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and for whom such sentence is made final and conclusive’ in Article 56 (1) 1 through 11, 13 through 17 of the Act on Protection of Children and Youth against Sexual Abuse (Amended by Act No. 12329, Jan. 21, 2014) is in contravention of the Constitution.]
| Article 57 (Checking and Verification of Former Sex Offenders) |
| (1) | The Minister of Gender Equality and Family or the heads of the relevant central administrative agencies shall check and verify at least once a year as to whether any person issued an employment restriction order is employed by, or providing actual labor to, child or youth-related institutions, etc. in accordance with the following classification, directly or by methods such as requesting relevant agencies for an inquiry. In such cases, checking and verification of child and youth-related institutions prescribed in Article 56 (1) 17 shall be conducted by the heads of the relevant central administrative agencies prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14236, May 29, 2016; Act No. 15352, Jan. 16, 2018; Act No. 15452, Mar. 13, 2018> |
| 1. | The Minister of Education: Kindergartens referred to in Article 56 (1) 1, schools and entrusted educational institutions referred to in Article 56 (1) 2, student counseling centers or entrusted educational facilities referred to in subparagraph 2-2 of the same paragraph, private teaching institutes and teaching schools and private tutors for children and youth designated by the Minister of Education, the use of which by children and youth is not restricted under Article 56 (1) 3, and special education support centers and institutions and organizations providing special education-related services referred to in subparagraph 19 of the same paragraph, and educational institutions referred to in subparagraph 21 of the same paragraph; |
| 2. | The Minister of the Interior and Safety: Public facilities referred to in Article 56 (1) 20; |
| 3. | The Minister of Culture, Sports and Tourism: Sports facilities under Article 56 (1) 11 designated by the Minister of Culture, Sports and Tourism, the use of which by children and youth is not restricted, and places of business running a business providing Internet computer game facilities and combined distribution and game providing business under the items of Article 56 (1) 13, and business establishments for popular culture and arts planning under Article 56 (1) 16; |
| 4. | The Minister of Health and Welfare: Child-care centers referred to in Article 56 (1) 7, child welfare facilities referred to in Article 56 (1) 8, and integrated service centers and medical institutions referred to in Article 56 (1) 12; |
| 5. | The Minister of Gender Equality and Family: Centers for the protection and rehabilitations of youth referred to in Article 56 (1) 4, facilities for youth activities referred to in Article 56 (1) 5, youth counseling and welfare centers and youth shelters referred to in Article 56 (1) 6, and youth supporting institutions and counseling centers for victims, etc. of sexual traffic referred to in Article 56 (1) 9, business establishments for planning youth activities referred to in Article 56 (1) 15 and workplace of private tutors visiting home, etc. referred to in Article 56 (1) 18; |
| 6. | The Minister of Land, Infrastructure and Transport: Housing management offices of collective housing referred to in Article 56 (1) 10; |
| 7. | The Commissioner General of the Korean National Police Agency: Corporations providing security services under Article 56 (1) 14. |
| (2) | If necessary for checking and verification under paragraph (1), the heads of the central administrative agencies referred to in the subparagraphs of paragraph (1) may request the heads of child or youth-related institutions, etc. or relevant supervisory institutions to submit relevant data. <Amended by Act No. 15352, Jan. 16, 2018> |
| (3) | The Minister of Gender Equality and Family or the heads of the relevant central administrative agencies shall publicize the results of checking and verification conducted under paragraph (1) via an web-site, etc., as prescribed by Presidential Decree. |
| Article 58 (Requests to Dismiss Employees, etc.) |
| (1) | If any person is employed by, or provides actual labor to, a child or youth-related institution, etc., in violation of Article 56 (1), the head of a central administrative agency referred to in each subparagraph of Article 57 (1) may request the head of the child or youth-related institution, etc. to dismiss such person. <Amended by Act No. 15352, Jan. 16, 2018> |
| (2) | The head of a central administrative agency referred to in each subparagraph of Article 57 (1) may request the head of a child or youth-related institution, etc. operating the child or youth-related institution, etc., in violation of Article 56 (1), to close the child or youth-related institution, etc. <Amended by Act No. 15352, Jan. 16, 2018> |
| (3) | Where the head of a child or youth-related institution, etc. refuses a request to close the relevant institution under paragraph (2) without any justifiable ground or fails to meet requirements within one month, the head of a central administrative agency referred to in each subparagraph of Article 57 (1) may request the head of the relevant administrative agency to close such child or youth-related institution or to revoke the registration, permission, etc. thereof. <Amended by Act No. 15352, Jan. 16, 2018> |
| (4) | Requests for closure and revocation of registration, permission, etc. under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 59 (Monetary Rewards) |
| (1) | The Minister of Gender Equality and Family may grant monetary rewards within budgetary limits to a person who files a report with an investigative agency on a person who has committed an offense falling under any of Articles 8, 8-2, and 13 through 15. <Amended by Act No. 16275, Jan. 15, 2019> |
| (2) | Matters necessary for standards for, methods of, and procedures for granting monetary rewards pursuant to paragraph (1), detailed amounts thereof, etc. shall be prescribed by Presidential Decree. |
| Article 60 (Delegation of Authority) |
| (1) | The authority of the Minister of Culture, Sports and Tourism, the Minister of Health and Welfare, the Minister of Gender Equality and Family, or the Minister of Land, Infrastructure and Transport granted under Articles 57, 58 and 67 may be partially delegated to the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, the Governor of a Special Self-Governing Province, or the heads of Sis/Guns/Gus (referring to the heads of autonomous Gus), as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The authority of the Minister of Education granted under Articles 57, 58 and 67 may be partially delegated to the superintendent of education and the head of a district office of education, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The authority of the Commissioner General of the Korean National Police Agency granted under Articles 57, 58 and 67 may be partially delegated to the commissioner of a district police agency, as prescribed by Presidential Decree. |
| (1) | A prosecutor shall request the court to issue an order to a person who has committed a sex offense against a child or youth and who is deemed at risk of recommitting an offense, to place him/her under probation under the Act on Probation, Etc. (hereinafter referred to as "probation order") from the time the punishment is completely executed: Provided, That this shall not apply where a prosecutor has requested a probation order under Article 21-2 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. |
| (2) | When the court examines a prosecuted sex offense against a child or youth and consequently acknowledges the necessity to issue a probation order, it may ask the prosecutor to request the probation order. |
| (3) | When a person who has committed a sex offense against a child or youth is punishable by imprisonment without labor or greater punishment and the court deems the request for a probation order is well-founded, a probation order shall be concurrently pronounced fixing a period of at least two years, but not more than five years. |
| (4) | When necessary for issuing a probation order, the court may request the head of the probation office (including a branch thereof) having jurisdiction over the residence of the accused or the seat of the competent court (including the branch court; hereinafter the same shall apply) to investigate necessary matters concerning the accused, such as the motives of the crime, relationship with the victim, mental state, and risk of re-offending. In such cases, the head of the probation office shall investigate them without delay and notify the outcomes therefrom in writing to the relevant court. |
| (5) | A probation period shall be calculated from the date the punishment of a person to be subject to such probation (hereinafter referred to as "person subject to probation") is completely executed, and if a person subject to probation is released on parole, it shall be calculated from the date of the provisional release. |
| Article 62 (Extension of Probation Period, etc. of Persons Subject to Probation) |
| (1) | Where the risk of re-offending has increased, such as a person subject to probation violating matters, etc. to be observed under Article 32 of the Act on Probation, Etc. during a probation period, the court may extend the probation period in excess of the five-year term prescribed in Article 61 (3) upon request of the prosecutor, following the request of the head of the probation office. |
| (2) | Matters to be observed under paragraph (1) shall be explained by the presiding judge at the courtroom as well as notified in writing. |
| Article 63 (Obligations of Persons Subject to Probation to Report) |
| (1) | A person subject to probation shall report to the head of the prison, junior correctional institution, detention center, military prison, or institute of forensic psychiatry, before being released therefrom, on the predetermined residence after the release, predetermined place of work, network of friends, and other matters prescribed by Presidential Decree as necessary for probation. |
| (2) | A person subject to probation shall report in writing to the probation officer on the place of residence, job, and other matters prescribed by Presidential Decree, which are necessary for probation, within ten days after he/she is released. |
| Article 64 (Termination of Probation) |
Where the Probation Review Committee established under the Act on Probation, Etc. deems that no risk of re-offending exists considering the satisfactory probation record of the relevant person subject to probation, it may decide to terminate the probation even before the end of the probation period.
CHAPTER VII PENALTY PROVISIONS
| Article 65 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: |
| 1. | A person who divulges registered information he/she has become aware of in the course of performing his/her duties, in violation of Article 54; |
| 3. | A person who changes or deletes registered information without due authorization. |
| (2) | Any person who violates a protective disposition imposed under Article 42 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. |
| (3) | Where any person on whom concurrent punishment of imprisonment with labor or greater punishment and an order to complete a program under Article 21 (2) was imposed has disobeyed any of the instructions of the head of the probation office or the correctional institution concerning the execution of the order to complete a program, and again fails to comply with such instructions without any justifiable ground after receiving a warning under the Act on Probation, Etc. or the Administration and Treatment of Correctional Institution Inmates Act, he/she shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. |
| (4) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won: |
| 1. | A person who publishes information or material that may identify reporters, etc. in publications, or discloses them through broadcasting or any information and communications network, in violation of Article 34 (3); |
| (5) | Where any person on whom concurrent punishment of a fine and an order to complete a program under Article 21 (2) was imposed has disobeyed any of the instructions of the head of the probation office concerning the execution of the order to complete a program and received a warning under the Act on Probation, Etc., but after that fails again to comply with such instructions without any justifiable ground, he/she shall be punished by a fine not exceeding ten million won. |
| Article 66 (Penalty Provisions) |
If any person subject to probation re-violates the matters to be observed without any justifiable ground after he/she has been subjected to sanctions under Article 62 (1), he/she shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding ten million won.
| Article 67 (Administrative Fines) |
| (1) | Any online service provider who violates Article 17 (2) shall be subject to an administrative fine not exceeding 30 million won. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended by Act No. 15352, Jan. 16, 2018> |
| 1. | The head of a counseling facility or medical institution that refuses to provide counseling and treatment programs without any justifiable ground, in violation of Article 37 (2); |
| 2. | The head of a child or youth-related institution that refuses a request for dismissal made under Article 58 without any justifiable ground or fails to meet requirements within one month. |
| (3) | The head of any child or youth-related institution, etc. who fails to verify the sex criminal records of a person currently employed by or providing actual labor to the institution or a person intending to be employed by or provide actual labor to the institution, in violation of Article 56 (5), shall be subject to an administrative fine not exceeding five million won. <Amended by Act No. 15352, Jan. 16, 2018> |
| (4) | Where the head of any institution, facility or organization falling under any subparagraph of Article 34 (2) and the employees thereof fail to report, or fraudulently report, to an investigative agency the occurrence of a sex offense against a child or youth that they became aware of in the course of performing their duties, they shall be subject to an administrative fine not exceeding three million won. |
| (5) | Administrative fines under paragraphs (1) through (4) shall be imposed and collected by the Minister of Education, the Minister of Culture, Sports and Tourism, the Minister of Health and Welfare, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, and the Commissioner General of the National Police Agency. <Amended by Act No. 11690, Mar. 23, 2013> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Special Cases concerning Provisions for Mitigation under the Criminal Act)
The amended provisions of Article 19 shall apply beginning from the first person who commits a sex offense against child or youth after this Act enters into force. Article 3 (Applicability to Progression of Prescription of Public Prosecution)
The amended provisions of Article 20 shall also apply to sex offenses against children or youth committed before this Act enters into force and the prescription of public prosecution of which is not completed yet. Article 4 (Applicability to Concurrent Imposition of Punishment and Orders to Attend Education etc.)
The amended provisions of Article 21 shall apply beginning from the first person who is found guilty in a judgment, or declared the suspension of sentence or execution of punishment by a court after this Act enters into force. Article 5 (Applicability to Orders to Disclose Registered Information and Execution thereof)
| (1) | Notwithstanding Article 1 of the Addenda, the orders to disclose information against persons who have not yet received final and conclusive judgment after violating the Act on the Protection of Youth from Sexual Abuse (Act No. 7801) or the Act on the Protection of Youth from Sexual Abuse (Act No. 8634) as at the time this Act enters into force shall be subject to the amended provisions of Article 49. |
| (2) | The amended provisions of Article 52 shall also apply to the persons determined by the National Youth Commission as persons subject to registration under Articles 22 through 24 of the Act on the Protection of Youth against Sexual Abuse (Act No. 7801) (including persons notified as those subject to preliminary registration) and persons against whom inspection orders have been issued under Article 37 of the Act on the Protection of Youth against Sexual Abuse (Act No. 8634). |
| (3) | In cases falling under paragraph (2), a prosecutor shall, upon receipt of a request from the Minister of Gender Equality and Family, file a request to issue an order to disclose information on persons prescribed in the same paragraph with the court that has pronounced the judgment of the first instance. |
| (4) | When a prosecutor files a request for an order to disclose information under paragraph (3), personal information (name, date of birth and address) of the person against whom the request is to be made and the fact based on which such request is made shall be stated therein. In such cases, forms of the request and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (5) | Where the court makes a decision to issue an order to disclose information upon request filed under paragraph (3), it shall deliver the fixed date of the decision and the certified copy of a written decision made by the court to the Minister of Justice within 14 days. |
| (6) | The Minister of Justice shall send the information on a person subject to disclosure of information, period of disclosure, and information for disclosure without delay to the Minister of Gender Equality and Family, and the Minister of Gender Equality and Family shall execute the order to disclose information pursuant to the amended provisions of Article 52. |
| (7) | Personal information to be provided for an order to disclose information under paragraph (1) or (2) shall, notwithstanding the amended provisions of Article 49 (3), be limited to the information provided for registration or inspection under Article 22 (1) of the Act on the Protection of Youth from Sexual Abuse (Act No. 7801) or Article 37 (4) of the Act on the Protection of Youth from Sexual Abuse (Act No. 8634): Provided, That the address and actual place of domicile shall be provided up to Eup/Myeon/Dong. |
| (8) | When personal information on a person against whom an order to disclose information has been issued under paragraph (2) is being provided for inspection under the previous Act, the period of disclosure shall be the remaining period of inspection. |
| (9) | Articles 32, 35 and 37 of the Act on the Protection of Youth from Sexual Abuse (Act No. 8634) shall apply beginning from the first person who committed a sex offense and has received final and conclusive conviction thereof on or after February 4, 2008, the enforcement date of the same Act. |
| (10) | With respect to the disclosure of personal information under Article 20 of the Act on the Protection of Youth from Sexual Abuse (Act No. 7801) and registration thereof under Articles 22 through 25 of the same Act, the provisions as at the time the same Act enters into force shall apply: Provided, That "the National Youth Commission" in Article 20 (3) and (5) of the Act on the Protection of Youth from Sexual Abuse (Act No. 7801) shall be construed as "the Youth Protection Committee" under Article 36 of the Youth Protection Act. |
Article 6 (Applicability to Notification of Registered Information)
The amended provisions of Article 50 (5) and 61 (4) shall also apply to persons who have received an order to notify information under previous provisions as at the time this Act enters into force (including persons determined by the National Youth Commission as persons subject to registration under Articles 22 through 24 of the Act on the Protection of Youth from Sexual Abuse (Act No. 7801) (including persons notified as those subject to preliminary registration) and persons against whom inspection orders are issued under Article 37 of the Act on the Protection of Youth from Sexual Abuse (Act No. 8634)), and shall apply beginning from an order to notify information executed after this Act enters into force. Article 7 (Application to Restrictions, etc. on Employment by Child or Youth-Related Institutions, etc.)
The amended provisions of Article 56 shall apply beginning from the first person who commits a sex offense against a child, youth or adult and judgment of whose case is made final and conclusive after this Act enters into force: Provided, That the restriction on employment for offenses committed before this Act enters into force shall be governed by previous provisions. Article 8 (Special Cases concerning Notification, etc. of Registered Information)
| (1) | The amended provisions of Articles 50 (1) and 51 shall also apply to a person against whom an order to disclose information has been issued under the previous provisions for committing sex offenses against a child or youth (excluding an offense falling under amended provisions of Article 11 (5)) and receiving final and conclusive conviction thereof (excluding punishment of a fine) during the period from April 16, 2008, to December 31, 2010, but shall not apply to persons for whom the period of disclosure has expired. |
| (2) | In such cases, a prosecutor shall, upon receipt of a request from the Minister of Gender Equality and Family, file a request to issue an order to notify information on the persons prescribed in paragraph (1) with the court that has pronounced the judgment of the first instance. |
| (3) | When a prosecutor files a request for an order to notify information under paragraph (3), personal information (name, date of birth and address) of the person against whom the request is to be made and the fact based on which the request is made shall be stated therein. In such cases, forms of the request and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (4) | Where the court makes a decision to issue an order to notify information upon a request filed under paragraph (2), it shall deliver the fixed date of the decision and the certified copy of a written decision by the court to the Minister of Justice within 14 days. |
| (5) | The Minister of Justice shall send the information on a person subject to notification of information, period of notification, and notified information without delay to the Minister of Gender Equality and Family, and the Minister of Gender Equality and Family shall execute the order to notify information pursuant to the amended provisions of Article 51, and on the day the disclosure of information under paragraph (1) ends, the execution of the order to notify information shall also be terminated. |
Article 9 (Transitional Measures concerning Victim's Will)
Article 10 Omitted.
ADDENDA <Act No. 11574, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12329, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 12361, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force eight months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14236, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Investigation of Recidivism)
The amended provisions of Article 21-2 shall apply beginning with the first person who attended education or completed a program as ordered after this Act enters into force. Article 3 (Applicability to Period of Disclosure of Registered Information)
The amended provisions of Article 49 (2) shall apply beginning with the first person who is convicted of sex offenses requiring registration of personal information and the judgment is made final and conclusive after this Act enters into force. Article 4 (Applicability to Restrictions, etc. on Employment at Child or Youth-Related Educational Institutions, etc.)
The amended provisions of Article 56 shall apply beginning with the first person who committed sex offenses against a child, youth, or an adult and is convicted by a final and conclusive judgement after this Act enters into force: Provided, That previous provisions shall apply to the restrictions of employment for a crime committed before this Act enters into force.
ADDENDA <Act No. 15352, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Attempts to Robbery and Rape)
The disclosure and notification of registered information under Articles 49 and 50 and restrictions of employment, etc. at child or youth-related institutions, etc. regarding an attempt to robbery and rape that has become sex offense against children or youth according to the amended provisions of subparagraph 2 (c) of Article 2 shall apply beginning with the first case where the conviction of an attempt to robbery and rape becomes final and conclusive after this Act enters into force. Article 3 (Applicability to Restriction of Employment, etc. at Child or Youth-Related Institutions, etc.)
The amended provisions of Article 56 shall apply to a person who committed a sex offense before this Act enters force but upon whom final judgement has not been rendered. Article 4 (Special Cases on Period of Restricted Employment for Persons Finally and Conclusively Convicted of Sex Offenses under Previous Provisions)
| (1) | Notwithstanding previous provisions, the period of restricted employment for a person who is restricted from employment under Article 28 (1) of the Act on the Protection of Youth from Sexual Abuse (Act No. 7801), Article 42 (1) of the Act on the Protection of Youth from Sexual Abuse (Act No. 8634), Article 44 (1) of the Act on Protection of Children and Youth against Sexual Abuse (Act No. 9765), Article 44 (1) of the Act on Protection of Children and Youth against Sexual Abuse (Act No. 10260), Article 44 (1) of the Act on Protection of Children and Youth against Sexual Abuse (Act No. 11287), or Article 56 (1) of the Act on Protection of Children and Youth against Sexual Abuse (Act No. 11572), Article 56 (1) of the Act on Protection of Children and Youth against Sexual Abuse (Act No. 14236) (hereinafter referred to as “a person subject to restriction of employment”) shall apply according to the following classification: Provided, That if previous provisions are more favorable to a person finally and conclusively convicted of a sex offense, such previous provisions shall apply: |
| 1. | Persons who are restricted from employment under Article 28 (1) of the Act on the Protection of Youth from Sexual Abuse (Act No. 7801): |
| (a) | Persons sentenced to imprisonment with labor or imprisonment without labor exceeding three years and for whom such judgement is made final and conclusive: Five years from the date such judgement is made final and conclusive; |
| (b) | Persons sentenced to imprisonment with labor or imprisonment without labor not exceeding three years and for whom such judgement is made final and conclusive: Three years from the date such judgement is made final and conclusive; |
| (c) | Persons sentenced to a fine and for whom such judgement is made final and conclusive: One year from the date such judgement is made final and conclusive; |
| 2. | Persons who are restricted from employment under Article 42 (1) of the Act on the Protection of Youth from Sexual Abuse (Act No. 8634): |
| (a) | Persons sentenced to imprisonment with labor or imprisonment without labor exceeding three years and for whom such judgement is made final and conclusive: Five years from the date such judgement is made final and conclusive; |
| (b) | Persons sentenced to imprisonment with labor or imprisonment without labor not exceeding three years and for whom such judgement is made final and conclusive: Three years from the date such judgement is made final and conclusive; |
| (c) | Persons sentenced to a fine and for whom such judgement is made final and conclusive: One year from the date such judgement is made final and conclusive; |
| 3. | Persons restricted from employment under Article 44 (1) of the Act on Protection of Children and Youth against Sexual Abuse (Act No. 9765), Article 44 (1) of the Act on Protection of Children and Youth against Sexual Abuse (Act No. 10260), Article 44 (1) of the Act on Protection of Children and Youth against Sexual Abuse (Act No. 11287), Article 56 (1) of the Act on Protection of Children and Youth against Sexual Abuse (Act No. 11572), Article 56 (1) of the Act on Protection of Children and Youth against Sexual Abuse (Act No. 14236): |
| (a) | Persons sentenced to imprisonment with labor or imprisonment without labor exceeding three years or medical treatment and custody and for whom such judgement is made final and conclusive: Five years from the date the execution of such judgement or medical treatment and custody is wholly or partially terminated or suspended or exempted; |
| (b) | Persons sentenced to imprisonment with labor or imprisonment without labor not exceeding three years or medical treatment and custody and for whom such judgement is made final and conclusive: Three years from the date the execution of such judgement or medical treatment and custody is wholly or partially terminated or suspended or exempted; |
| (c) | Persons sentenced to a fine and for whom such judgement is made final and conclusive: One year from the date such judgement is made final and conclusive. |
| (2) | After this Act enters into force, a person subject to restriction of employment or his/her legal representative may request the court of the first instance for alteration of the period of restricted employment under paragraph (1) or an exemption from restriction of employment on the grounds that such period of restricted employment referred to in paragraph (1) is markedly unfair or there are extenuating circumstances to lift such restriction. |
| (3) | Where a person subject to restriction of employment or his/her legal representative makes a request under paragraph (2), he/she shall state the personally identifiable information (name, date of birth, address) of the person subject to restriction of employment, factual grounds for such request, etc. in a written request. |
| (4) | The court may seek opinions of the prosecutor before making a decision on the request referred to in paragraph (2). |
| (5) | When the court deems a request made under paragraph (2) has no extenuating grounds, it shall notify a decision to dismiss the request. |
| (6) | When the court deems a request made under paragraph (2) has extenuating grounds, it shall notify a decision to newly set a period of restricted employment within the range of not surpassing the period referred to in each subparagraph of paragraph (1) or a decision to lift the restriction of employment, and shall send a certified copy of a written decision to the prosecutor. |
| (7) | Where a decision made under paragraph (5) or (6) violates the statutes or is markedly unfair, the prosecutor, a person subject to restriction of employment, or his/her legal representative may file a complaint within seven days from the date he/she is notified of such decision. |
| (8) | Where the prosecutor, a person subject to restriction of employment, or his/her legal representative files a complaint, he/she shall submit a petition of complaint to the lower court, and the court in receipt of a petition of complaint shall send records attached with the statement of opinion to the appellate court within three days from receipt of the petition of complaint. |
| (9) | Where the appellate court deems the complaint is not filed according to the procedure stipulated in laws or is groundless, it shall dismiss the complaint by decision. |
| (10) | Where the appellate court recognizes the complaint has grounds, it shall quash the original decision and makes a decision directly or transfers the original decision to another competent court. |
| (11) | With respect to a decision by the appellate court, the prosecutor, a person subject to restriction of employment, or his/her legal representative may file a further complaint to the Supreme Court only when such decision is in violation of the statutes. |
| (12) | The period of filing a further complaint shall be seven days from the day of receipt of notification of a decision to dismiss the complaint. |
| (13) | Neither complaint nor further complaint has the effect to suspend the execution of a decision. |
| (14) | The court shall serve the definite date of a decision within 14 days from the date a decision made under paragraph (6) becomes final and conclusive by attaching it to a certified copy of a written decision to the Minister of Gender Equality and Family. |
Article 5 (Special Cases concerning Period of Restricted Employment of Sex Offenders Sentenced to Penalty or Medical Treatment and Custody and for Whom Such Judgement Becomes Final and Conclusive before the Enforcement Date of this Act after the Constitutional Court’s Decision on Unconstitutionality)
None of the following persons shall operate the facilities, institutions, or place of business classified as follows, or be employed at, or provide actual labor to such facilities, institutions, or place of business, during each period stipulated in each item of Article 4 (1) 3 of the Addenda:
| 1. | A person sentenced to penalty on charges of sexual offenses against adults and for whom such judgement becomes final and conclusive after March 31, 2016 and before the enforcement date of this Act: Medical institutions referred to in Article 56 (1) 12; |
| 2. | A person sentenced to penalty or medical treatment and custody on charges of sexual offenses against children and youth and for whom such judgement or medical treatment and custody becomes final and conclusive after April 28, 2016 and before the enforcement date of this Act: Children and youth-related institutions, etc.; |
| 3. | A person sentenced to penalty or medical treatment and custody on charges of sexual offenses against adults and for whom such judgement or medical treatment and custody becomes final and conclusive after July 28, 2016 and before the enforcement date of this Act: Private teaching institutes, etc. referred to in Article 56 (1) 3; |
| 4. | A person sentenced to penalty on charges of crime (intrusion upon publicly used places with intent to satisfy sexual urges) referred to in Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, among sex offenses against adults, and form whom such judgement is made final and conclusive, after October 27, 2016 and before the enforcement date of this Act: Subparagraphs 1 through 11 and 13 through 17 of Article 56 (1). |
Article 6 (Special Cases concerning Check and Verification of Former Sex Offenders)
Amended provisions of Article 57 (1) shall apply to the persons who are finally and conclusively convicted on charges of sex offenses committed before this Act enters into force and restricted from employment under Articles 4 and 5 of the Addenda.
ADDENDA <Act No. 15452, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Restriction of Employment at Children and Youth-Related Institutions, etc.)
The amended provisions of Article 56 shall apply beginning with the first person who is convicted on charges of sex offenses against a child, youth, or an adult and for whom such judgement is made final and conclusive after this Act enters into force: Provided, That previous provisions shall apply to the restriction of employment against a crime committed before this Act enters into force.
ADDENDA <Act No. 16248, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 16275, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Special Cases concerning Prescription of Public Prosecution)
The amended provisions of Article 20 (3) 3 shall also apply to sex offenses against children or youth committed before this Act enters into force, for which prescription of public prosecution has not yet been completed.