ENFORCEMENT DECREE OF THE ACT ON THE PUNISHMENT OF ARRANGEMENT OF COMMERCIAL SEX ACTS
Presidential Decree No. 18552, Sep. 23, 2004
Amended by Presidential Decree No. 21087, Oct. 20, 2008
Presidential Decree No. 26980, Feb. 12, 2016
Presidential Decree No. 29604, Mar. 5, 2019
| Article 2 (Scope of Persons with Severe Disabilities) |
"Person with severe disabilities prescribed by Presidential Decree" in Article 2 (1) 3 (b) and 4 (c), and Articles 8 (3) and 18 (2) 2 of the Act on the Punishment of Arrangement of Commercial Sex Acts (hereinafter referred to as the "Act") means a person who is prescribed in the attached Table or corresponding thereto, who has difficulties in living his or her normal daily life or social life without the protection and supervision of another person and for that reason is weak to resist any unfair pressure, deception, and inducement by another person. <Amended by Presidential Decree No. 29604, Mar. 5, 2019>
| Article 3 (Application for Keeping Interrogation of Witness Undisclosed to Public) |
Any application for keeping the interrogation of witness undisclosed to the pubic provided for in Article 9 (2) of the Act may be filed orally in the court (including where the interrogation of witness is in progress).
| Article 4 (Criteria for Judging Need for Protective Disposition) |
In passing a judgment on the need, kind, and period, etc. of a protective disposition for anyone who has involved in a commercial sex act, the court and prosecutor shall fully take into account various circumstances, such as the workplace, the relationship with family, the possibility of repeated offense, and the effect of protective disposition of the actor as well as the motives of a commercial sex act and the sexual behavior of the actor.
| Article 5 (Application for Payment of Bounty) |
| (1) | Anyone who intends to be paid a bounty (hereinafter referred to as the "bounty") for his or her reporting (including criminal complaints and accusations; hereinafter the same shall apply) in accordance with Article 28 of the Act shall file an application with the chief prosecutor of the competent district prosecutors' office (including the heads of the branch offices of the district prosecutors' offices; hereinafter the same shall apply) for the payment of such bounty under the conditions as prescribed by Ordinance of the Ministry of Justice. |
| (2) | The application referred to in paragraph (1) may be filed under an anonymous name or a false name, notwithstanding Article 2 (1) 3 of the Enforcement Decree of the Civil Petitions Treatment Act. In such cases, the confirmation of the grounds for filing such application by the head of the agency that has received the relevant reporting is required. <Amended by Presidential Decree No. 26980, Feb. 12, 2016> |
| (3) | The application referred to in paragraph (1) shall be filed within one year from the date on which the grounds for paying the bounty provided for in Article 6 (1) have become known. |
| (4) | Upon receipt of the application referred to in paragraph (1), the chief prosecutor of the competent district prosecutors' office shall submit the application accompanied by the documents prescribed by Ordinance of the Ministry of Justice to the Minister of Justice through the Prosecutor General. |
| Article 6 (Payment of Bounty) |
| (1) | Bounty may be paid where any crime that anyone has reported is indicted or a disposition is taken for suspension of indictment: Provided, That even if indictment is not initiated on the grounds of the impossibility to arrest the suspect, when the concrete evidence of the crime is secured on the grounds of the reporting or such reporting greatly contributes to the relief of the victim of commercial sex acts, bounty may be paid. |
| (2) | The amount of bounty shall not exceed 20 million won and be payable within the budget of the relevant year, and specific standards for paying the bounty shall be prescribed by Ordinance of the Ministry of Justice. |
| (3) | The Minister of Justice may delegate part of the administrative work involving bounty payment to the Prosecutor General or the chief prosecutor of the competent district prosecutors' office. |
| Article 7 Deleted. <by Presidential Decree No. 21087, Oct. 20, 2010> |
| Article 8 (Restrictions on Payment of Bounty) |
No bounty shall be paid, in any of the following cases:
| 1. | Where any public official in charge of cracking down on the crimes provided for in the Act reports any crime, of which he or she learns while performing his or her duties; |
| 2. | Where anyone who is liable to report any crime to any investigation agency under Article 7 (1) of the Act or his or her agent reports any crime; |
| 3. | Where anyone who performs the act of buying sex reports any crime involving his or her act; |
| 4. | Deleted. <by Presidential Decree No. 21087, Oct. 20, 2010> |
| Article 9 (Refund of Bounty) |
After the provision of the bounty, where it is confirmed that anyone has received the bounty by fraud or other improper menas or the grounds provided for in each subparagraph of Article 8 exist, the Minister of Justice may have such bounty refunded.
| Article 10 (Preparation of Payment Record of Bounty) |
The Minister of Justice shall make and keep a payment record and a payment ledger of bounty under the conditions determined by Ordinance of the Ministry of Justice when he or she pays bounty, and enter payment details thereof.
ADDENDA
| (1) | (Enforcement Date) This Decree shall enter into force on September 23, 2004. |
| (2) | (Repeal of Other Statutes and Regulations) The Enforcement Decree of the Prevention of Prostitution Act shall be repealed. |
| (3) | (Relationship to Other Statutes and Regulations) Where other statutes and regulations cite the Enforcement Decree of the previous Prevention of Prostitution Act and its provisions as at the time this Decree enters into force, when any provisions of this Decree fall under the cited Decree and provisions, this Decree or the relevant provisions of this Decree shall be deemed cited. |
ADDENDA <Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
Article 2 (Transitional Measures following Amendment to the Decree on Disciplinary Action against Public Officials)
| (1) | The First Central Disciplinary Committee and the Second Central Disciplinary Committee established under the previous Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force, shall be deemed the Central Disciplinary Committee under this Decree. |
| (2) | A request for resolution of disciplinary action submitted to the First Central Disciplinary Committee and the Second Central Disciplinary Committee under the previous Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force, shall be deemed submitted to the Central Disciplinary Committee under this Decree. |
| (3) | Resolutions made by the First Central Disciplinary Committee and the Second Central Disciplinary Committee under the previous Decree on Disciplinary Action against Public Officials as at the time this Decree enters into force, shall be deemed those made by the Central Disciplinary Committee under this Decree. |
Article 3 (Transitional Measures following Amendment to the Enforcement Decree of the Framework Act on Logistics Policies)
The affairs conducted by the Minister of Land, Infrastructure and Transport following deliberations and resolutions made by the certified professional logistician examination committee under the previous Enforcement Decree of the Framework Act on Logistics Policies as at the time this Decree enters into force, shall be deemed conducted by the Minister of Land, Infrastructure and Transport under this Decree. Article 4 Omitted.
ADDENDA <Presidential Decree No. 26980, Feb. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
[Table]
Criteria for Persons with Severe Disabilities
(Related to Article 2)
| 1. | Person with a physical disability: |
Person who has a permanent impediment in the function of limbs or body, or lost a part thereof, making it impracticable to live his or her daily life without a care at hand;
| 2. | Person with a visual impairment: |
Person whose visual acuity (referring to that measured by a universal visual acuity test chart, and, for a person with a refractive error, a corrected vision shall be the basis) of better eye is 0.04 or below;
| 3. | Person with a hearing impairment: |
| (a) | Person whose hearing impairment of both ears is 70 decibels or more; |
| (b) | Person whose discrimination of an ordinary speech heard to both ears is 50 percent or less; |
| (c) | Person who has to stop once or more to balance himself or herself in an attempt to walk 10 meters with both eyes open due to a loss or diminution of equilibrium function of both sides; |
| 4. | Person with a speech disability: |
Person who has lost his or her vocal function or lingual function;
| 5. | Person with mental retardation: |
Person whose intelligence quotient is 70 or below requiring a continuous care or education for social and vocational rehabilitation;
| 6. | Person with a developmental disability: |
Person who fails to show normal developmental phases caused by autism with his or her intelligence quotient being 70 or below having difficulties in living his or her daily life without a good care at hand due to an impediment of intelligence and ability;
| 7. | Person with a mental disorder: |
| (a) | Person who shows positive symptoms such as delusion, auditory hallucination, thinking disorder, and weird behavior, negative symptoms including social atrophy, and a personality change of moderate degree caused by schizophrenia having difficulties in living his or her daily life without a good care at hand due to an impediment of function and ability; |
| (b) | Person who has a persistent or frequently repeated symptom period showing symptoms of disturbances in mood, volition, behavior, and thinking caused by bipolar affective disorder (manic-depressive sickness) having difficulties in living his or her daily life without a good care at hand due to an impediment of function and ability; |
| (c) | Person who has a persistent or frequently repeated symptom period showing depressive disorder with respect to mood, volition, etc. accompanied by psychiatric symptoms including delusion caused by chronical repetitive depressive disorder having difficulties in living his or her daily life without a good care at hand due to an impediment of function and ability; |
| (d) | Person who shows symptoms corresponding to those of items (a) through (c) due to chronically disruptive affective disorder. |
ADDENDUM <Presidential Decree No. 29604, Mar. 5, 2019>
This Decree shall enter into force on the date of its promulgation.