ENFORCEMENT DECREE OF THE SEXUAL VIOLENCE PREVENTION AND VICTIMS PROTECTION ACT
Presidential Decree No. 22568, Dec. 29, 2010
Amended by Presidential Decree No. 23177, Sep. 29, 2011
Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 24005, Jul. 31, 2012
Presidential Decree No. 24446, Mar. 23, 2013
Presidential Decree No. 24615, jun. 17, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25481, Jul. 16, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25714, Nov. 11, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26472, Aug. 3, 2015
Presidential Decree No. 27201, May 31, 2016
Presidential Decree No. 27601, Nov. 22, 2016
Presidential Decree No. 28134, jun. 20, 2017
Presidential Decree No. 29950, Jul. 2, 2019
| Article 2 (Conduct of Education to Prevent Sexual Violence) |
| 2. | Institutions and organizations which the Minister of Personnel Management has publicly notified as public service-related organizations in the Official Gazette pursuant to Article 3-2 (2) of the Enforcement Decree of the Public Services Ethics Act (excluding institutions and organizations deemed excluded from public service-related organizations under paragraph (3) of the same Article). |
| (2) | The head of a State organ or a local government, the head of a kindergarten under Article 7 of the Early Childhood Education Act, the head of a child care center under Article 10 of the Child Care Act, the head of a school under Article 2 of the Elementary and Secondary Education Act, or the head of an institution or organization under each subparagraph of paragraph (1) (hereinafter referred to as the “head of a State organ, etc.”) shall take the following measures in accordance with Article 5 (1) of the Act. In such cases, they may take the measures together with the measures to prevent sexual harrassment prescribed in Article 20 of the Enforcement Decree of the Framework Act on Gender Equality: <Amended by Presidential Decree No. 25481, Jul. 16, 2014; Presidential Decree No. 27601, Nov. 22, 2016> |
| 1. | To conduct sex education and sexual violence prevention education (hereinafter referred to as “sexual violence prevention education”) for the members and students of the relevant institution and organization at least for an hour once a year. For those newly recruited, the education shall be conducted within two months from appointment; |
| 2. | To establish an annual promotion plan for sexual violence prevention education; |
| 3. | To formulate self-guidelines for sexual violence prevention; |
| 4. | To establish and implement measures to prevent recurrence, if any sexual violence occurs within the relevant institution or organization; |
| 5. | Other necessary matters to prevent sexual violence in the relevant institution or organization. |
| (3) | Sexual violence prevention education can be conducted in various ways, including lectures, media education, and education via a website, on the following issues, and face-to-face education shall be included. If children or youth as defined in subparagraph 1 of Article 2 of the Act on the Protection of Children and Youth Against Sexual Offenses are educated, education to cope with a dangerous situation of sexual violence shall be included: <Amended by Presidential Decree No. 25481, Jul. 16, 2014; Presidential Decree No. 29950, Jul. 2, 2019> |
| 1. | Matters to develop sound sexual awareness and culture; |
| 2. | Matters to prevent sexual violence at a gender-perspective point; |
| 3. | Matters to introduce and promote related statutes and regulations for sexual violence prevention; |
| 4. | Other matters necessary to nurture sound sexual values and prevent sexual violence. |
| (4) | The head of a State organ, etc. who conducts sexual violence prevention education and countermeasures against sexual violence (referring to the measures taken under paragraph (2) 2 through 5; hereinafter the same shall apply) must submit the results of the education provided and prevention measures taken in the previous year by the last day of February every year to the Minister of Gender Equality and Family, pursuant to Article 5 (1) of the Act. <Amended by Presidential Decree No. 27601, Nov. 22, 2016> |
| (5) | The Minister of Gender Equality and Family shall examine the results of the education and measures to prevent sexual violence, submitted under Article 5 (6) of the Act, via computer, written documents, etc.; where necessary, the Minister may conduct an on-site examination. <Newly Inserted by Presidential Decree No. 25481, Jul. 16, 2014; Presidential Decree No. 26472, Aug. 3, 2015; Presidential Decree No. 27601, Nov. 22, 2016> |
| (6) | The Minister of Gender Equality and Family shall conduct special training for the managers of institutions and organizations whose sexual violence prevention education is deemed insufficient, within six months from the examination by the Minister, pursuant to Article 5 (7) of the Act. <Newly Inserted by Presidential Decree No. 25481, Jul. 16, 2014; Presidential Decree No. 26472, Aug. 3, 2015> |
| (7) | The Minister of Gender Equality and Family shall publish the results of conduct of sexual violence prevention education and examination on sexual violence prevention measures under Article 5 (9) of the Act on the website or in general daily newspapers whose distribution areas are registered throughout the nation in accordance with Article 9 (1) of the Act on the Promotion of Newspapers, Etc. <Newly Inserted by Presidential Decree No. 25481, Jul. 16, 2014; Presidential Decree No. 27601, Nov. 22, 2016> |
| (8) | The head of a State organ, etc. may entrust specialized institutions, organizations, or specialists for sexual violence prevention education, including the support institutions prescribed in Article 5-2 (1) of the Act, with sexual violence prevention education and conduct of such education. <Amended by Presidential Decree No. 25481, Jul. 16, 2014> |
| (9) | The Minister of Gender Equality and Family and the head of a related central administrative agency may support the head of a State organ that conducts sexual violence prevention education and sexual violence prevention measures with necessary teaching materials, documents, or professional personnel. <Amended by Presidential Decree No. 25481, Jul. 16, 2014; 27601, Nov. 22, 2016> |
| (10) | The plans under Article 5 (10) of the Act shall include the following: <Newly Inserted by Presidential Decree no. 27601, Nov. 22, 2016> |
| 1. | Basic direction for sexual violence prevention education and measures; |
| 2. | Tasks and methods for implementing sexual violence prevention education and measures; |
| 3. | Examination on the outcomes of sexual violence prevention education and measures implemented by affiliated institutions and public institutions and the use of the examination results. |
[Wholly Amended by Presidential Decree No. 24615, Jun. 17, 2013]
| Article 2-2 (Support Institutions for Sexual Violence Prevention Education) |
| (1) | The Minister of Gender Equality and Family pursuant to Article 5-2 (2) of the Act may entrust the following institutions or organizations with the operation affairs of support institutions for sexual violence prevention education under paragraph (1) of the same Article: |
| 1. | Women policy-related institutions established or operated by the State or a local government; |
| 2. | Institutions or organizations which the Minister of Gender Equality and Family recognizes as having human and material resources to assist sexual violence prevention education among the following: |
| (b) | Non-profit corporations or organizations whose articles or rules of incorporation describe sexual violence prevention and protection of victims as a business activity. |
| (2) | Where the Minister of Gender Equality and Family entrusts the affairs pursuant to paragraph (1), the Minister shall publish such contractor and entrusted details in the Official Gazette. |
[Wholly Amended by Presidential Decree No. 27201, May 31, 2016]
| Article 3 (Sexual Violence Prevention Week) |
| (1) | The Sexual Violence Prevention Week shall be from November 25 to December 1 every year pursuant to Article 6 of the Act. |
| (2) | To commemorate the Sexual Violence Prevention Week, the State or a local government shall conduct the following programs: |
| 3. | Promotion via mass media, etc. |
| Article 4 (Assistance for Victim, etc. on School Admission) |
| (1) | To enroll (including admission, transfer to a school, and transfer admission; hereafter the same shall apply in this Article) a victim or family member of such victim (hereinafter referred to as “victim, etc.”) in a school outside of the place of domicile pursuant to Article 7 of the Act, the procedure shall be as follows: <Amended by Presidential Decree No. 26472, Aug. 3, 2015> |
| 1. | Elementary schools: Where a protector intends to enroll a victim, etc. in an elementary school outside the place of domicile of such victim, etc., the head of the elementary school shall accept the admission of the victim, etc. where there is confirmation that such victim, etc. has been victimized by sexual violence; if a victim, etc. has already been enrolled in an elementary school, where there is confirmation that the victim, etc. has been victimized by sexual violence, the head of the elementary school shall recommend the transfer of such victim, etc. to the head of a district office of education with the consent of one protector (referring to a protector, not anand not the assailant), and the head of a district office of education shall transfer the victim, etc. by designating a school. |
| 2. | Other schools: The head of a school of any level shall where there is confirmation that a victim, etc. has been victimized by sexual violence, recommend to such victim, etc. a transfer to another school, and the head of a district office of education or superintendent of education shall designate and assign the school for transfer. In such cases, the head of a designated school shall accept the transfer where no obstruction exists for the victim, etc. to complete education courses. |
| (2) | The head of an Eup/Myeon/Dong, a school, a district office of education, or the superintendent of education shall manage and supervise measures taken under paragraph (1) to protect a victim, etc. so as not to be disclosed to others except school admission-related persons. |
| (3) | The period taken for admission under paragraph (1) shall be counted the attendance dates. |
| Article 4-2 (Legal Counseling Service for Victims) |
| (1) | A victim of sexual violence or legal representative of such victim who needs legal counseling services, legal representation, etc. (hereinafter referred to as "legal counseling services, etc.") pursuant to Article 7-2 (1) of the Act may request legal counseling services, etc. to an institution under Article 7-2 (2) of the Act. |
| (2) | Where the Minister of Gender Equality and Family or the head of a counseling center for the victims of sexual violence (hereinafter referred to as "counseling center") under Article 10 (1) of the Act, a protection facility for victims of sexual violence (hereinafter referred to as "protection facility") under Article 12 (1) of the Act, or an integrated support center for victims of sexual violence (hereinafter referred to as "integrated support center") under Article 18 (1) of the Act, when the head recognizes a sexual violence case and deems necessary, may request legal counseling services, etc. under Article 7-2 (2) of the Act at the will of a victim or legal representative of such victim. |
| (3) | The State assists legal counseling, representation and defense in civil or family litigation, and legal assistance in criminal procedures, considering the necessity of aid according to the status of a case, financial ability, ability to obtain legal relief, and the possibility to defend a victim; the State may preferentially assist a victim who satisfies any of the following: <Amended by Presidential Decree No. 24615, Jun. 17, 2013; Presidential Decree No. 29950, Jul. 2, 2019> |
| 1. | Where a victim is enrolled in a protection facility; |
| 2. | Where a victim is a child or a youth defined in subparagraph 1 of Article 2 of the Act on the Protection of Children and Youth Against Sexual Offenses; |
| (4) | “Any other institution specified by Presidential Decree” in Article 7-2 (2) of the Act means the Korean Bar Association under the Attorney-At-Law Act and other institutions determined and publicly notified by the Minister of Gender Equality and Family. |
| (5) | The State shall bear the expenses for counseling services, etc. within the budgetary limits. |
[This Article Newly Inserted by Presidential Decree No. 24005, Jul. 31, 2012]
| Article 4-3 (Establishment and Operation of Protection Facilities) |
| (1) | The Minister of Gender Equality and Family or the head of a local government may entrust the establishment and operation of a protection facility, pursuant to Article 12 (4) of the Act to the following institutions or organizations: |
| 1. | Women policy-related institutions established and operated by the State or a local government; |
| 3. | Non-profit corporations or organizations whose articles or rules of corporation describe sexual violence prevention and protection of victims as their business activities. |
| (2) | When the Minister of Gender Equality and Family entrusts the affairs pursuant to paragraph (1), the Minister shall publish such contractor and entrusted details in the Official Gazette. |
[This Article Newly Inserted by Presidential Decree No. 27201, May 31, 2016]
| Article 5 (Support for Expenses for Protection Facilities) |
“Expenses prescribed by Presidential Decree” in Article 14 (1) 4 of the Act means financial support for self-independence after discharge from a protection facility.
| Article 5-2 (Extension of Stay in General Protection Facilities) |
| 1. | Where the age of a victim is under 19; |
| 3. | Where the Minister of Gender Equality and Family deems necessary to extend the period of stay, considering the necessity to protect a victim, the living environment of a victim, social adjustment ability, etc. |
[This Article Newly Inserted by Presidential Decree No. 24615, Jun. 17, 2013]
| Article 6 (Establishment and Operation of Integrated Support Centers for Victims) |
| 1. | Women policy-related institutions established and operated by the State or a local government; |
| 2. | General hospitals pursuant to the Medical Act; |
| 4. | Other non-profit corporations or organizations that work for sexual violence prevention and protection of victims. |
| Article 7 (Qualifications for Workers) |
The qualifications for a worker of counseling center, protection facility or an integrated support center pursuant to Article 19 (2) of the Act shall be as prescribed in attached Table 1.
| Article 7-2 (Entrusted or Designated Operation of Training Facilities for Counselors) |
| (1) | The Minister of Gender Equality and Family, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Metropolitan Autonomous City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may entrust the following institutions or organizations with specialized education and training of counselors as prescribed in Article 19-2 (2) of the Act or may designate such institution or organization as an educational and training facility under paragraph (1) of the same Article: |
| 1. | Women policy-related institutions established and operated by the State or a local government; |
| 4. | Institutions or organizations which the Minister of Gender Equality and Family recognizes as having human and material resources to assist sexual violence prevention education among the following: |
| (b) | Non-profit corporations or organizations whose articles or rules of corporation describe sexual violence prevention and protection of victims as their business activities. |
| (2) | Where the Minister of Gender Equality and Family or a Mayor/Do Governor entrusts the affairs pursuant to paragraph (1), he or she shall publish the contractor and entrusted details, and the details of designation when he or she designates, in the Official Gazette or in the official report of the relevant local government. |
[This Article Wholly Amended by Presidential Decree No. 27201, May 31, 2016]
| Article 8 (Entrusted Operation of Supplementary Education Affairs) |
| (1) | The Minister of Gender Equality and Family or the Mayor/Do Governor may entrust the affairs of supplementary education under Article 20 (2) of the Act to the universities and junior colleges defined in subparagraphs 1 and 4 of Article 2 of the Higher Education Act or the following specialized institutions: |
| 1. | Women policy-related organizations established and operated by the State or a local government; |
| 3. | Education institutions established or operated by non-profit corporations or organizations whose articles or rules of incorporation provide for sexual violence prevention and protection of victims as a business activity. |
| (2) | Where the Minister of Gender Equality and Family or a Mayor/Do Governor entrusts the affairs pursuant to paragraph (1), he or she shall publish such contractor and entrusted details in the Official Gazette or in the official report of the relevant local government. |
[This Article Wholly Amended by Presidential Decree No. 27201, May 31, 2016]
| Article 9 (Scope of Other Physical and Mental Treatment) |
| 1. | Infection inspection and treatment of venereal disease; |
| 3. | Abortion of fetus conceived by sexual violence; |
| 4. | Treatment on chronic stomachache, headache, etc. due to sexual violence; |
| 5. | Treatment on mental illness prompted by sexual violence. |
| Article 9-2 (Revocation of Designation as Medical Institutions for Treatment of Victims, etc. of Sexual Violence) |
| 3. | Where a medical institution has been subject to a correction order issued under Article 63 of the Medical Act more than twice in the previous year with the same violation; |
| 4. | Where a medical institution has been subject to a suspension order for medical services issued under Article 64 (1) of the Medical Act. |
[This Article Newly Inserted by Presidential Decree No. 26472, Aug. 3, 2015]
| Article 10 (Entrustment of Authority) |
The Minister of Gender Equality and Family shall, pursuant to Article 35 of the Act, entrust the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) with the authority to impose and collect administrative fines, as prescribed in Article 38 of the Act. <Amended by Presidential Decree No. 24615, Jun. 17, 2013>
| Article 10-2 (Management of Sensitive Information and Personally Identifiable Information) |
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
[Previous Article 10-2 moved to Article 10-3]
| Article 10-3 (Review on Regulations) |
The Minister of Gender Equality and Family shall review the appropriateness of the qualifications for the workers of a counseling center, protection facility, and integrated support center, as prescribed in Article 7 and attached Table 1, every three years, counting from the base date of January 1, 2014 (referring to the period that ends on the day before January 1 of the every third year) and shall take measures, such as making improvements. [This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
[Moved from Article 10-2]
| Article 11 (Criteria for Imposition of Administrative Fines) |
| (1) | The criteria for imposition of administrative fines under Article 38 (1) and (2) of the Act shall be specified in attached Table 2. <Amended by Presidential Decree No. 28134, Jun. 20, 2017> |
| (2) | The Minister of Gender Equality and Family or the head of a local government may reduce the amount of the administrative fines under attached Table 2 by up to 1/2 thereof, considering the seriousness, frequency, motive, results, etc. of a violation. <Amended by Presidential Decree No. 24615, Jun. 17, 2013; Presidential Decree No. 27201, May 31, 2016> |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Article 2 (Abolition of Other Statutes or Regulations)
The Enforcement Decree of the Act on the Punishment of Sexual Crimes and Protection of Victims shall be abolished.
Article 3 (Transitional Measures concerning Qualifications for Workers)
As at the time this Decree enters into force, those qualified as workers of a counseling center for sexual violence or a protection facility for a victim of sexual violence under Articles 23 and 25 of the former Act on Protection of Victims of Sexual Crimes shall be deemed qualified as workers under attached Table 1. Article 4 Omitted.
Article 5 (Relationship to Other Statutes or Regulations)
As at the time this Decree enters into force, if the former Enforcement Decree of the Act on the Punishment of Sexual Crimes and Protection of Victims is quoted and its related provisions are quoted in this Decree, this Decree or the related provisions shall be deemed to have quoted the former Enforcement Decree of the Act on the Punishment of Sexual Crimes and Protection of Victims or its provisions in lieu thereof.
ADDENDUM <Presidential Decree No. 23177, Sep. 29, 2011>
This Decree shall enter into force on October 1, 2011.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8. 2011. (Proviso Omitted.)
Articles 2 Omitted.
ADDENDUM <Presidential Decree No. 24005, Jul. 31, 2012>
This Decree shall enter into force on August 2, 2012.
ADDENDA <Presidential Decree No. 24446, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24615, Jun. 17, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 19, 2013.
Article 2 (Applicability to Extension of Period of Stay in General Protection Facility)
The amended provisions of Article 5-2 shall also apply to those who entered a general protection facility before this Decree enters into force. Article 3 (Transitional Measures on Qualifications for Workers)
The former provisions shall apply to qualifications for those working as the head or a counselor of a sexual violence counseling center, a protection facility for sexual violence victims, or an integrated support center for sexual violence victims at the time this Decree enters into force, notwithstanding the amended provisions of attached Table 1.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25481, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2014.
Article 2 (Applicability to Conduct of Sexual Violence Prevention Education)
The amended provision of the latter part of Article 2 (2) shall apply to persons hired after this Decree enters into force.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25714, Nov. 11, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended parts of the Presidential Decrees, among those amended under Article 5 of this Addenda, promulgated before this Decree enters into force but the enforcement dates have yet to arrive, shall enter into force on the respective enforcement date of the relevant Presidential Decrees. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26472, Aug. 3, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2015.
Article 2 (Applicability to Revocation of Designation of Medical Centers for Sexual Violence)
| (1) | The amended provisions of subparagraph 2 of Article 9-2 shall apply to cases where a medical center for sexual violence designated under Article 27 (1) of the Act (hereinafter referred to as “medical center”) receives support prescribed in Article 28 (1) of the Act after this Decree enters into force. |
| (2) | The amended provisions of subparagraph 3 of Article 9-2 shall apply to cases where a medical center commits a violation described in Article 63 of the Medical Act after this Decree enters into force. |
| (3) | The amended provisions of subparagraph 4 of Article 9-2 shall apply to cases where a medical center falls under any of the subparagraphs of Article 64 (1) of the Medical Act after this Decree enters into force. |
ADDENDUM <Presidential Decree No. 27201, May 31, 2016>
This Decree shall enter into force on June 2, 2016.
ADDENDUM <Presidential Decree No. 27601, Nov. 22, 2016>
This Decree shall enter into force on November 30, 2016.
ADDENDUM <Presidential Decree No. 28134, Jun. 20, 2017>
This Decree shall enter into force on June 22, 2017.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)