SEXUAL VIOLENCE PREVENTION AND VICTIMS PROTECTION ACT
Act No. 10261, Apr. 15, 2010
Amended by Act No. 10521, Mar. 30, 2011
Act No. 11286, Feb. 1, 2012
Act No. 11573, Dec. 18, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12328, Jan. 21, 2014
Act No. 12698, May 28, 2014
Act No. 13179, Feb. 3, 2015
Act No. 13537, Dec. 1, 2015
Act No. 14063, Mar. 2, 2016
Act No. 14235, May 29, 2016
Act No. 14704, Mar. 21, 2017
Act No. 15205, Dec. 12, 2017
Act No. 15451, Mar. 13, 2018
Act No. 15591, Apr. 17, 2018
Act No. 16896, Jan. 29, 2020
Act No. 17538, Oct. 20, 2020
Act No. 17895, Jan. 12, 2021
Act No. 19339, Apr. 11, 2023
Act No. 19363, Apr. 18, 2023
Act No. 20416, Mar. 26, 2024
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the promotion of human rights by preventing sexual violence and by providing for means to protect and assist victims of sexual violence. <Amended on Feb. 3, 2015>
The terms used in this Act are defined as follows:
| 3. | The term "victim of sexual violence" means any person who has suffered direct harm as a result of sexual violence. |
| Article 3 (Responsibilities of the State) |
| (1) | The State and local governments shall take the following measures to prevent sexual violence and provide protection and support for victims of sexual violence (hereinafter referred to as "victims"): |
| 1. | Building and operation of a system for reporting sexual violence cases; |
| 2. | Investigation, research, education, and publicity to prevent sexual violence; |
| 3. | Establishment and operation of facilities for the protection and support of victims; |
| 4. | Support for the rehabilitation of victims, including residential assistance, occupational training, and legal aid; |
| 5. | Building and operation of cooperative systems between related agencies to facilitate the provision of protection and support for victims; |
| 6. | Improvement of harmful environment to prevent sexual violence; |
| 7. | Improvement of related statutes and the establishment, implementation, and evaluation of various policies to protect and support victims. |
| (2) | The State and local governments shall take necessary budgetary measures to fulfill the responsibilities under paragraph (1). |
| Article 4 (Investigation into Actual Conditions of Sexual Violence) |
| (1) | The Minister of Gender Equality and Family shall investigate the status of sexual violence and announce the results of such investigation every three years to ascertain the status of sexual violence and establish policies for the prevention of sexual violence. |
| (2) | Matters necessary for the details, methods, etc. of investigation into the actual conditions of sexual violence under paragraph (1) shall be prescribed by Ministerial Decree of Gender Equality and Family. |
| Article 5 (Sexual Violence Prevention Education) |
Necessary matters concerning examination of any evidence other than documents, including drawings, photographs, audio tapes, video tapes, computer discs, and other goods made for storage of information, shall be prescribed by the Supreme Court Regulations.
[This Article Added on Jun. 1, 2007]
| Article 5-2 (Establishment and Operation of Support Institutions for Sexual Violence Prevention Education) |
| (1) | The Minister of Gender Equality and Family or each Mayor/Do Governor may establish and operate institutions to perform and support affairs such as conducting sex education and sexual violence prevention education, developing and diffusing educational programs by stage of the human life cycle and educational programs for people with disabilities based on their special needs, and training specialized instructors (hereinafter referred to as "support institution"). <Amended on Dec. 1, 2015; Apr. 17, 2018> |
| (2) | The Minister of Gender Equality and Family or each Mayor/Do Governor may entrust the operation of support institutions to an institution or organization specified by Presidential Decree. <Amended on Apr. 17, 2018> |
| (3) | Matters necessary for the business affairs, operation, etc. of support institutions shall be prescribed by Ministerial Decree of Gender Equality and Family. |
[This Article Added on Dec. 18, 2012]
| Article 5-3 (Production, Distribution, and Transmission of Promotional Movies for Prevention of Sexual Violence) |
| (1) | The Minister of Gender Equality and Family shall produce promotional movies for the prevention of, and protection from, sexual violence and for the medical treatment, rehabilitation, etc. of victims and distribute such movies to the persons in charge of broadcast programming under subparagraph 23 of Article 2 of the Broadcasting Act. |
| (2) | The Minister of Gender Equality and Family may request terrestrial broadcasting business operators under subparagraph 3 (a) of Article 2 of the Broadcasting Act (hereinafter referred to as "broadcasting business operators") to transmit the promotional movies under paragraph (1) on each channel within a ratio of non-commercial advertisements for public service specified by Presidential Decree pursuant to Article 73 (4) of that Act. |
| (3) | A broadcasting business operator may independently produce and transmit promotional movies in addition to the promotional movies specified in paragraph (1). In such cases, a broadcasting business operator may request the Minister of Gender Equality and Family to render cooperation and assistance necessary therefor. |
[This Article Added on Dec. 18, 2012]
| Article 5-4 (Measures in Cases of Sexual Violence) |
| (1) | Where the head of a State agency, etc. becomes aware of the occurrence of a sexual violence case in the relevant agency, he or she shall notify the Minister of Gender Equality and Family of such fact without delay if the victim has no expressive objection thereto, and shall submit measures to prevent recurrence under Article 5 (1) to the Minister of Gender Equality and Family within three months from the date he or she becomes aware of the relevant fact: Provided, That where such sexual violence is committed by the head of an agency, etc. prescribed by Presidential Decree, measures to prevent recurrence shall be submitted to the Minister of Gender Equality and Family within one month from the date he or she becomes aware of the fact. <Amended on Apr. 18, 2023> |
| (2) | If it is deemed that the case notified under paragraph (1) is a serious case or if it is necessary for an inspection, etc. of measures to prevent recurrence, the Minister of Gender Equality and Family may conduct an on-site inspection on the relevant institution, and if it is deemed that a correction or supplementation is necessary as a result of the inspection, he or she may request the head of a State agency, etc. to correct or supplement it. |
| (3) | Matters necessary for the submission of measures to prevent recurrence under paragraph (1) and on-site inspections, etc. under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Added on Jan. 12, 2021]
| Article 6 (Sexual Violence Prevention Week) |
One week each year shall be designated as Sexual Violence Prevention Week to call social attention to sexual violence and help prevent sexual violence, as prescribed by Presidential Decree.
| Article 7 (Provision of Assistance Necessary for School Admission and Employment of Victims) |
| (1) | The State and local governments shall provide assistance necessary as specified in the following subparagraphs to send victims and their family members (hereinafter referred to as "victims, etc.") to schools (including admission, re-admission, transfer, and transfer admission to schools; hereafter in this Article the same shall apply) located in areas other than their places of domicile if they are students of any such schools as listed in Article 2 of the Elementary and Secondary Education Act. In such cases, those who take charge of the provision of such assistance shall take care not to infringe upon the privacy of the victims, etc. <Amended on Jan. 29, 2020> |
| 1. | Assistance in relation to elementary schools shall be as follows: |
| (a) | Where the guardian of a victim, etc. intends to have such victim admitted to an elementary school located in an area other than his or her place of domicile, the principal of such school shall permit his or her admission. |
| (b) | Where a victim, etc. attends an elementary school, the principal of such school shall, upon an agreement by the guardian of such victim, etc. (referring to his or her guardian, not his or her offender), recommend to the head of a district office of education a transfer of such victim, etc., and the head of a district office of education shall designate a school and have him or her be transferred; |
| 2. | In the case of other schools of each level: The heads of schools of each level shall recommend transfer or transfer admission of a victim, etc. to other schools, and the head of a district office of education or the superintendent of education shall determine and assign a school for transfer or transfer admission within a range that ensure no impediment to completion of education courses. In such cases, no head of a school assigned shall refuse the transfer or transfer admission of such victim, etc. |
| (2) | Matters necessary for the provision of assistance to send victims, etc. to schools under paragraph (1), including the calculation of the number of days of school attendance, shall be prescribed by Presidential Decree. |
| (3) | The State and local governments may arrange vocational training and provide job placement services for persons who have victims in their custody. <Added on Mar. 30, 2011> |
| (4) | Matters necessary for employment assistance under paragraph (3), such as the scope of eligibility for employment assistance, shall be determined by Ordinance of Ministry of Gender Equality and Family. <Added on Mar. 30, 2011> |
[Title Amended on Mar. 30, 2011.]
| Article 7-2 (Legal Counseling Services for Victims) |
| (1) | The State may provide legal counseling services, legal representation, etc. (hereinafter referred to as "legal counseling services, etc.") to victims. |
| (2) | The Minister of Gender Equality and Family may request the Korea Legal Aid Corporation under Article 8 of the Legal Aid Act or any other institution specified by Presidential Decree to provide legal counseling services, etc. under paragraph (1). |
| (3) | The State may bear expenses incurred in legal counseling services, etc. under paragraph (1), as prescribed by Presidential Decree. |
| (4) | The requirements for legal counseling services, etc. under paragraph (1), the details of, and the procedure for providing, such services, etc. shall be prescribed by Presidential Decree. |
[This Article Added on Feb. 1, 2012]
| Article 7-3 (Support for Victims of Illegal Videos and Photos) |
| (1) | The State may provide victims who have suffered damage (referring to damage inflicted as the victims appear as the subjects of photographs, etc.) because the photographs or their duplicates that fall under any of the following subparagraphs (hereafter referred to as "photograph, etc." in this Article) are circulated through the information and communications network (referring to the information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection) with support for deleting such photographs, etc.: <Amended on Jan. 29, 2020; Jan. 12, 2021> |
| (2) | A person eligible for support under paragraph (1), his or her spouse (including a person in a de facto marital relationship), or his or her lineal relatives, siblings, or agents designated by the person eligible for support (hereafter referred to as "requester for support with deletion" in this Article) may request the State to provide support for deletion of photographs, etc. In such cases, an agent designated by a person eligible for support shall make a request for support for deletion, fulfilling the requirements prescribed by Ministerial Decree of Gender Equality and Family. <Amended on Jan. 29, 2020; Jan. 12, 2021> |
| (3) | The State shall provide support for deleting photographs, etc. falling under any of the following subparagraphs, even without a request made by a requester for support for deletion. In such cases, it shall keep data related to the relevant photographs, etc. to prevent the destruction, etc. of evidence of crimes: <Added on Jan. 12, 2021> |
| 1. | Photographs, etc. pursuant to subparagraph 1 or 2 of paragraph (1), for which an investigative agency requests support for deletion; |
| 2. | Child or youth sexual exploitation materials under subparagraph 5 of Article 2 of the Act on the Protection of Children and Youth against Sexual Offenses. |
| (5) | Where the State pays the expenses incurred in deleting photographs, etc. under paragraph (1), it may exercise the right to demand a reimbursement against sex offenders or sex offenders against children of juveniles referred to in paragraph (4). <Amended on Jan. 29, 2020; Jan. 12, 2021> |
| (6) | Matters necessary for the details and methods of support for deleting photographs, etc. under paragraphs (1) and (2), the methods and period of keeping data under the latter part of paragraph (3), and the procedures, methods, etc. for exercising the right to demand a reimbursement under paragraph (5) shall be prescribed by Ministerial Decree of Gender Equality and Family. <Amended on Jan. 29, 2020; Jan. 12, 2021> |
[This Article Added on Mar. 13, 2018]
[Title Amended on Jan. 29, 2020]
| Article 8 (Prohibition of Unfavorable Measures against Victims) |
No person who employs a victim or a person who has reported on the occurrence of sexual violence shall take any of the following unfavorable measures in relation to the sexual violence against the victim or the reporter of occurrence of sexual violence: <Amended on Oct. 20, 2020; Jan. 12, 2021>
| 1. | Dismissal, release from office, discharge, or other disadvantageous measures equivalent to the loss of status; |
| 2. | Disciplinary action, suspension from office, reduction of salary, demotion, promotion restrictions, or any other unfair personnel action; |
| 3. | Change of position, transference, assigning no duty, reassigning a duty, or any other personnel action against his or her will; |
| 4. | Discrimination in performance evaluations or peer review, or differential payment of wages, bonuses, etc. following such discrimination; |
| 5. | Revoking self-development opportunities such as education, training, etc.; limiting or removing available resources such as budget, human resources, etc.; suspending the use of security information or confidential information, or revoking the authority for handling such information; or any other discrimination or action with adverse impacts on working conditions, etc.; |
| 6. | Preparation of a list of persons subject to surveillance, or disclosure of such list, acts of causing mental or physical harm, such as group bullying, assault, or verbal abuse, or acts of neglecting the occurrence of such acts; |
| 7. | Conducting an unfair audit or investigation of duties of workers, or disclosing the results thereof; |
| 8. | Other disadvantageous measures against the will of the principal. |
[Title Amended on Oct. 20, 2020; Jan. 12, 2021]
| Article 9 (Duty to Report) |
| (2) | When the head of a State agency, a local government, or a public organization prescribed by Presidential Decree, and any person engaging in the affairs of protecting victims within the relevant institution or organization become aware of the occurrence of any of the following sexual violence cases in the course of performing his or her duties, he or she shall immediately report such fact to an investigation agency, unless the victim has any explicit dissenting opinions: <Added on Jan. 12, 2021> |
CHAPTER II ESTABLISHMENT AND OPERATION OF FACILITIES FOR PROTECTION AND SUPPORT OF VICTIMS
| Article 10 (Establishment and Operation of Counseling Centers) |
| (1) | The State and local governments may establish and operate counseling centers for the victims of sexual violence (hereinafter referred to as "counseling centers"). |
| (2) | If any person, other than the State and local governments, intends to establish and operate a counseling center, he or she shall file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply). The same shall also apply where any change is intended to be made in an important matter prescribed by Ministerial Decree of Gender Equality and Family among the matters reported. <Amended on Dec. 18, 2012; Mar. 13, 2018> |
| (3) | A Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify an applicant of whether to accept a report or of extension of a period of processing such report under statutes or regulations related to processing civil petitions, within 10 days (five days in the case of a report on changes) from the date he or she receives the report under paragraph (2). <Added on Mar. 13, 2018> |
| (4) | Matters necessary for the standards for establishment and operation of counseling centers, the number of counselors and other staff members to be placed at each counseling center, the filing of reports, etc. shall be prescribed by Ministerial Decree of Gender Equality and Family. <Amended on Mar. 13, 2018> |
| Article 11 (Functions of Counseling Centers) |
The functions of counseling centers shall be as follows: <Amended on Mar. 30, 2011>
| 1. | Receiving reports on sexual violence, and giving advice thereon; |
| 2. | Taking victims of sexual violence who have difficulties in leading a normal private or social life or otherwise require urgent protection to protection facilities, etc. for the victims of sexual violence under Article 12; |
| 3. | Providing medical assistance to victims, etc., such as taking them over to medical institutions, for treating diseases and health care; |
| 4. | Accompanying victims to investigation agencies and courts in relation to investigations, examination of witnesses, etc.; |
| 5. | Requesting necessary cooperation and assistance from the Korea Legal Aid Corporation under Article 8 of the Legal Aid Act and other related agencies in relation to judicial settlement procedures for lodging complaints against sex offenders, claiming compensation for damage, etc.; |
| 6. | Publicity and education for the prevention of sexual violence; |
| 7. | Research and study on sexual violence and related injuries. |
| Article 12 (Establishment, Operation and Types of Protection Facilities) |
| (1) | The State and local governments may establish and operate protection facilities for victims of sexual violence (hereinafter referred to as "protection facilities"). <Amended on Dec. 18, 2012> |
| (2) | A social welfare corporation under the Social Welfare Services Act or any other nonprofit corporation may establish and operate a protection facility with authorization from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Dec. 18, 2012> |
| (3) | The types of protection facilities under paragraphs (1) and (2) are as follows: <Added on Dec. 18, 2012; Feb. 3, 2015> |
| 1. | General protection facilities: Facilities that provide victims with any of the services specified in the subparagraphs of Article 13 (1); |
| 2. | Protection facilities for disabled persons: Facilities that provide victims who are disabled persons under Article 2 (2) of the Act on the Prohibition of Discrimination against Persons with Disabilities, Remedy against Infringement of Their Rights, with any of the services specified in the subparagraphs of Article 13 (1); |
| 5. | Community facilities for assistance in self-sufficiency: Facilities that provide persons discharged from a protection facility referred to in subparagraphs 1 through 4 with any of the services specified in Article 13 (1) 3 and other necessary services; |
| 6. | Community facilities for assistance to disabled persons in self-sufficiency: Facilities that provide persons discharged from a protection facility referred to in subparagraph 2 with any of the services specified in Article 13 (1) 3 and other necessary services. |
| (4) | The State or a local government may entrust any of the institutions and organizations specified by Presidential Decree with the establishment and operation of a protection facility. <Added on Dec. 1, 2015> |
| (5) | Matters necessary for the standards for the establishment and operation of protection facilities, the number of counselors and other staff members to be placed at each protection facility, the procedures for authorization, etc. and matters necessary for the entrustment under paragraph (4) shall be prescribed by Ministerial Decree of Gender Equality and Family. <Amended on Dec. 18, 2012; Dec. 1, 2015> |
[Title Amended on Dec. 18, 2012]
| Article 13 (Functions of Protection Facilities) |
| (1) | The functions of protection facilities shall be as follows: <Amended on Mar. 30, 2011> |
| 1. | Providing protection, and room and board for victims, etc.; |
| 2. | Providing victims with advice and medical treatment necessary to help them gain emotional stability and rehabilitation in society; |
| 3. | Conducting education for achieving independence and self-sufficiency and providing information on employment; |
| 4. | Affairs referred to in subparagraphs 3, 4, and 5 of Article 11; |
| 5. | Affairs entrusted to the protection facilities pursuant to other Acts; |
| 6. | Other affairs necessary to protect victims, etc. |
| (2) | When a person who has established and operates a facility for disabled persons under Article 12 (3) 2 or a community facility for assistance to disabled persons in self-sufficiency under Article 12 (3) 6 provides the services specified in the subparagraphs of paragraph (1), he or she shall take into account special needs of disabled persons to ensure appropriate protection and assistance. <Amended on Dec. 18, 2012; Feb. 3, 2015> |
| Article 14 (Provision of Protection Expenses for Protection Facilities) |
| (1) | The State and local governments may subsidize the following protection expenses for the heads of protection facilities or victims if necessary for protecting victims, etc. housed in such protection facilities: Provided, That if the victims, etc. housed in the protection facilities are subject to protection pursuant to the National Basic Living Security Act and other statutes, support under this Act shall not overlap with such protection: |
| 2. | Subsidies for education of children; |
| 3. | Expenses for raising children; |
| 4. | Other expenses prescribed by Presidential Decree. |
| (2) | Matters necessary for the methods, procedures, etc. for the provision of protection expenses under paragraph (1) shall be prescribed by Ministerial Decree of Gender Equality and Family. |
| Article 15 (Admission to Protection Facilities) |
| (1) | If a victim, etc. falls under any of the following, he or she may be admitted to a protection facility: |
| 1. | Where the victim, etc. wishes or consents to be admitted to such facility; |
| 2. | Where the victim, etc. lacks intellectual capacity, such as a minor or an intellectually handicapped person, and his or her guardian who is not the sex offender consents thereto. |
| (2) | The head of a protection facility authorized pursuant to Article 12 (2) shall report the personal information, the ground for admission, etc. of those admitted to the protection facility pursuant to paragraph (1), without delay, to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Dec. 18, 2012> |
| (3) | If the head of a protection facility discovers, based on the results of counseling with a counsellor, that it is necessary to admit a victim assaulted by a relative or a victim who lacks intellectual capacity, such as an intellectually handicapped person, to the protection facility, but that it is improper to seek consent to the admission from the victim's guardian, he or she may admit the victim to the protection facility, notwithstanding paragraph (1). In such cases, the head of a protection facility authorized pursuant to Article 12 (2) shall obtain approval therefor from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu without delay. <Amended on Dec. 18, 2012> |
| (4) | With regard to admission to a protection facility and approval therefor under paragraph (3), the head of a protection facility and the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall prioritize the protection of rights and interests of the victim concerned. <Amended on Dec. 18, 2012> |
| Article 16 (Period of Admission in Protection Facility) |
| (1) | The period of admission to each type of protection facilities under Article 12 (3) is as follows: <Amended on Jan. 21, 2014; Feb. 3, 2015> |
| 1. | General protection facilities: Not more than one year: Provided, That the period may be extended once by not more than one year and six months, as prescribed by Ordinance of Ministry of Gender Equality and Family; |
| 2. | Protection facilities for disabled persons: Not more than two years: Provided, That the period may be extended to a period required for recovery from injuries, as prescribed by Ordinance of Ministry of Gender Equality and Family; |
| 3. | Protection facilities for special support: Until a victim attains 19 years of age: Provided, That the period may be extended once by not more than two years, as prescribed by Ordinance of Ministry of Gender Equality and Family; |
| 4. | Protection facilities for foreigners: Not more than one year: Provided, That the period required for the recovery from injuries may be extended, as prescribed by Ordinance of Ministry of Gender Equality and Family; |
| 5. | Community facilities for assistance in self-sufficiency: Not more than two years: Provided, That the period may be extended once by not more than two years, as prescribed by Ordinance of Ministry of Gender Equality and Family; |
| 6. | Community facilities for assistance in self-sufficiency for disabled persons: Not more than two years: Provided, That the period may be extended once by not more than two years, as prescribed by Ordinance of Ministry of Gender Equality and Family. |
| (2) | Notwithstanding paragraph (1) 1, the period of admission of a victim admitted to a general protection facility may be extended by more than the specified period of admission, if the victim faces any of the extenuating circumstances specified by Presidential Decree. |
| (3) | Matters regarding the extension of the period of admission under paragraph (2) shall be prescribed by Ordinance of Ministry of Gender Equality and Family. |
[This Article Wholly Amended on Dec. 18, 2012]
| Article 17 (Discharge from Protection Facilities) |
| (1) | Any person admitted to a protection facility pursuant to Article 15 (1) may be discharged therefrom of his or her own accord or upon request by his or her guardian who originally consented to such admission in accordance with subparagraph 2 of that paragraph. |
| (2) | The head of a protection facility may order an inmate to be discharged from the facility if he or she falls under any of the following subparagraphs: |
| 1. | Where the purpose of protection is attained; |
| 2. | Where the period of protection referred to in Article 16 expires; |
| 3. | Where the inmate is found admitted to the facility by fraud or other improper means; |
| 4. | Where the inmate commits a serious breach of discipline within the protection facility. |
| (1) | The State and local governments may establish and operate integrated support centers for victims of sexual violence (hereinafter referred to as "integrated support center") to provide counseling services to victims of sexual violences; refer such victims to the institutions under Article 7-2 (2) for legal counseling services; render assistance in investigations; and comprehensively provide other services to assist such victims for remedies. <Amended on Dec. 1, 2015> |
| (2) | The State and local governments may allow institutions or organizations prescribed by Presidential Decree to establish and operate integrated support centers. |
| (3) | The number of counselors and other staff members to be placed at each integrated support center and other necessary matters shall be prescribed by Ministerial Decree of Gender Equality and Family. |
| Article 19 (Qualification Standards for Counselors) |
| (1) | Any of the following persons shall not be qualified for the head, a counselor or other worker of a counseling center, protection facility, or integrated support center: <Amended on Jan. 21, 2014; Dec. 12, 2017; Apr. 11, 2023> |
| 1. | A minor, a person under adult guardianship, or a person under limited guardianship; |
| 2. | Deleted; <Feb. 3, 2015> |
| 3. | A person for whom five years have not yet passed since his or her imprisonment without labor or heavier punishment declared by a court was complete (including where the execution thereof is deemed complete) or exempted; |
| 3-2. | A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court; |
| 4. | Any person who has been sentenced to a penalty or medical treatment and custody on charges of committing any crime referred to in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes or subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sexual Abuse and for whom 10 years have yet to pass from the date on which the execution of such penalty or medical treatment and custody is fully or partially completed (including where the execution thereof is deemed complete), suspended, or exempted. |
| (2) | Any person who intends to work in a counseling center, protection facility or integrated support center shall meet the qualification standards prescribed by Presidential Decree in relation to professional knowledge, career, etc. |
| Article 19-2 (Facilities for Education and Training of Counsellors) |
| (1) | The State and local governments (limited to the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Do, and Special Self-Governing Province) may establish and operate facilities responsible for specialized education and training of counsellors (hereinafter referred to as "educational and training facilities") so as to enhance the quality of counsellors (including persons who intend to become counsellors). |
| (2) | The Minister of Gender Equality and Family or each Mayor/Do Governor may entrust an institution or organization specified by Presidential Decree with specialized education and training of counsellors or may designate such institution or organization as an educational and training facility. <Amended on Apr. 17, 2018> |
| (3) | Each of the following persons who intends to establish an educational and training facility shall report thereon to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu. The same shall also apply where any change is intended to be made in an important matter prescribed by Ministerial Decree of Gender Equality and Family among the matters reported: <Amended on Feb. 3, 2015; Mar. 13, 2018> |
| 1. | An educational foundation that has established and operates a school under the Higher Education Act; |
| 2. | A legal aid corporation; |
| 3. | A social welfare foundation; |
| 4. | Any other nonprofit corporation or organization. |
| (4) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify an applicant of whether to accept a report or of extension of a period of processing such report under statutes or regulations related to processing civil petitions, within 10 days (five days in the case of a report on changes) from the date he or she receives the report under paragraph (3). <Added on Mar. 13, 2018> |
| (5) | Matters necessary for the standards for the establishment and designation of an educational and training facility, the qualification for, and the number of, instructors to be placed in each educational and training facility, the standards for the operation of educational and training courses, and the procedure for reporting on an educational and training facility shall be prescribed by Ministerial Decree of Gender Equality and Family. <Amended on Mar. 13, 2018> |
[This Article Added on Dec. 18, 2012]
| Article 20 (Conduct of Supplementary Education) |
| (1) | The Minister of Gender Equality and Family or a Mayor/Do Governor shall provide supplementary education to improve the quality of employees at counseling centers, protection facilities, and integrated support centers. <Amended on Dec. 18, 2012> |
| (2) | The Minister of Gender Equality and Family or the Mayor/Do Governor may entrust the affairs of education under paragraph (1) to the universities and junior colleges pursuant to subparagraphs 1 and 4 of Article 2 of the Higher Education Act or the specialized institutions prescribed by Presidential Decree. |
| (3) | Matters necessary for the details, period, methods, etc. of supplementary education under paragraph (1) shall be prescribed by Ministerial Decree of Gender Equality and Family. |
| Article 21 (Report on Permanent or Temporary Closure) |
| (1) | When a counseling center, protection facility, or educational and training facility established pursuant to Article 10 (2), 12 (2), or 19-2 (3) intends to permanently or temporarily close or resume business, it shall file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ministerial Decree of Gender Equality and Family. <Amended on Dec. 18, 2012; Mar. 2, 2016> |
| (2) | Upon receipt of a report on permanent or temporary closure under paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall review the details thereof and shall accept such report if appropriate under this Act. <Added on Mar. 13, 2018> |
| (3) | When the head of a counseling center, protection facility, or educational and training facility permanently or temporarily closes the center or facility, he or she shall take measures to protect rights and interests of the users of the center or facility, such as relocating the users of the center or facility to another center or facility, as prescribed by Ministerial Decree of Gender Equality and Family. <Added on Mar. 2, 2016; Mar. 13, 2018> |
| (4) | Upon receipt of a report on permanent or temporary closure of a counseling center, protection facility, or educational and training facility under paragraph (1), the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu shall inspect the center or facility to ensure that the head of the relevant center or facility has taken measures for protecting rights and interests of the users of the center or facility under paragraph (3) and shall take other measures prescribed by Ministerial Decree of Gender Equality and Family. <Added on Mar. 2, 2016; Mar. 13, 2018> |
| Article 22 (Corrective Orders) |
| (1) | Where the head of a State agency, etc., fails to notify, without delay, the occurrence of a sexual assault case or fails to submit measures to prevent recurrence, in violation of Article 5-4 (1), the Minister of Gender Equality and Family may issue an order to take corrective measures within a specified period. <Added on Apr. 18, 2023> |
| (2) | In any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may issue an order against a counseling center, a protection facility, or an educational and training facility to take corrective measures within a specified period: <Amended on Dec. 18, 2012; Feb. 3, 2015; Dec. 1, 2015; Mar. 2, 2016; Mar. 13, 2018; Apr. 18, 2023> |
| 1. | If a counseling center, a protection facility, or an educational and training facility ceases to meet any of the standards for the establishment and operation or for the number of employees required under Article 10 (4) or 12 (5); |
| 2. | If a counselor, etc. of a counseling center or a protection facility ceases to meet any of the qualification standards under Article 19; |
| 3. | If an educational and training facility ceases to meet any of the standards for establishment and designation or the standards for operation under Article 19-2 (5), fails to maintain the required number of instructors, or employs any unqualified person; |
| 4. | If a counseling center, a protection facility, or an educational and training facility fails to resume operation after the end of a temporary closure reported under Article 21 (1). |
| Article 23 (Revocation of Authorization) |
| (1) | In any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order a counseling center, protection facility, or educational and training facility involved to permanently or temporarily close its business or may revoke the authorization therefor: <Amended on Dec. 18, 2012; Apr. 18, 2023> |
| 1. | If it breaches a corrective order issued under Article 22 (2); |
| 2. | If a person establishes and operates a counseling center, protection facility, or educational and training facility for profit, in violation of Article 29; |
| 3. | If a person fails to file a report under Article 32 (1) without good cause, files a false report, or refuses or evades an investigation or inspection. |
| (2) | If a counseling center, protection facility or training facility is permanently or temporarily closed or has its authorization revoked under paragraph (1), the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu shall take measures for the users of such facility to be moved to another facility and shall take other measures for protecting rights and interests of the users of the facility. <Added on Mar. 2, 2016> |
| (3) | Detailed standards for the closure and suspension of business and the revocation of authorization under paragraph (1) shall be prescribed by Ministerial Decree of Gender Equality and Family. <Amended on Mar. 2, 2016> |
| Article 24 (Respecting Intentions of Victims) |
The heads and staff members of counseling centers, protection facilities and integrated support centers shall be prohibited from performing any of the affairs, etc. under Articles 11 and 13 (1) against any intention clearly expressed by the victims, etc. concerned.
| Article 25 (Evaluation of Counseling Centers, Protection Facilities and Integrated Support Centers) |
| (1) | The Minister of Gender Equality and Family shall evaluate the performance records of counseling centers, protection facilities, and integrated support centers every three years and take into consideration the results of such evaluation in supervising facilities, providing support, etc. |
| (2) | Matters necessary for the standards, methods, etc. for evaluation under paragraph (1) shall be prescribed by Ministerial Decree of Gender Equality and Family. |
| Article 26 (Provision of Subsidies) |
| (1) | The State and local governments may subsidize expenses incurred in the establishment and operation of counseling centers, protection facilities, or integrated support centers. |
| (2) | Subsidies under paragraph (1) shall be granted after due consideration of the results of the investigation into the actual conditions of sexual violence under Article 4, the evaluation under Article 25, the report under Article 32, etc. |
| Article 27 (Designation of Medical Institutions for Treatment of Victims of Sexual Violence) |
| (1) | The Minister of Gender Equality and Family, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may designate national or public hospitals, public health centers, or private medical facilities as a medical institution for the treatment of victims, etc. <Amended on Mar. 30, 2011; Dec. 18, 2012> |
| (2) | Medical institutions for the treatment of victims, etc. designated pursuant to paragraph (1) shall provide the following medical services to victims, etc. upon request by victims, victims' families or relatives, or the heads of emergency call centers, counseling centers, protection facilities, or integrated support centers: <Amended on Mar. 30, 2011> |
| 1. | Counseling and guidance concerning health; |
| 3. | Other physical and mental treatment prescribed by Presidential Decree. |
| (3) | In any of the following cases, the Minister of Gender Equality and Family, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may revoke the designation of a medical institution for the treatment of victims, etc. designated under paragraph (1): Provided, That designation shall be revoked in cases of subparagraph 1: <Added on Feb. 3, 2015> |
| 1. | If a medical institution is found to have obtained designation by fraud or other improper means; |
| 2. | If a medical institution refuses to provide medical services under paragraph (2) without good cause; |
| 3. | If a medical institution is found incompetent as a medical institution for the treatment of victims, etc. on any of the grounds specified by Presidential Decree. |
| (4) | Where the Minister of Gender Equality and Family, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to revoke designation under paragraph (3), he or she shall hold a hearing. <Added on Feb. 3, 2015> |
| (5) | Matters necessary for the standards and procedures of designation and revocation thereof under paragraphs (1) and (3), the operation thereof, etc. shall be prescribed by Ministerial Decree of Gender Equality and Family. <Added on Feb. 3, 2015> |
| Article 28 (Provision of Medical Expenses) |
| (1) | The State and local governments may subsidize fully or partially expenses incurred in providing medical treatment and other medical services under Article 27 (2). |
| (2) | Matters necessary for the scope of medical expenses subsidized under paragraph (1), the procedures for subsidization thereof, etc. shall be prescribed by Ministerial Decree of Gender Equality and Family. |
| Article 29 (Prohibition of Operation for Profit) |
No person shall establish or operate a counseling center, protection facility, or educational and training facility for profit: Provided, That the head of an educational and training facility may collect tuition fees from persons who attend an educational and training course for counsellors, as prescribed by Ordinance of Ministry of Gender Equality and Family. <Amended on Dec. 18, 2012>
| Article 30 (Duty to Maintain Confidentiality) |
No current or former head or staff member of a counseling center, protection facility, or integrated support center shall divulge any confidential information learned in the course of performing his or her duties.
CHAPTER III SUPPLEMENTARY PROVISIONS
| Article 31 (Cooperation with Police Offices) |
With regard to evidence of the cases on which the ruling under Article 286-2 is made, it shall be regarded that the consent under Article 318 (1) is made concerning the evidence of Articles 310-2, 312 through 314, and 316: Provided, That the same shall not apply where the prosecutor, the criminal defendant, or his/her defense counsel raises objections against the use of evidences. [This Article Added on Jan. 25, 1973]
| Article 31-2 (Dispatch of Judicial Police Officers to Scene) |
| (1) | Upon receipt of a report on sexual violence, judicial police officers shall be dispatched to the reported scene, without delay. |
| (2) | Judicial police officers dispatched under paragraph (1) may enter the reported scene and investigate the persons involved or ask questions to such persons. |
| (3) | Judicial police officers entering a place to conduct an investigation or ask questions under paragraph (2) shall carry a certificate indicating their authority and shall present the certificate to the persons involved. |
| (4) | Judicial police officers conducting an investigation or asking questions under paragraph (2) shall take necessary measures, including separating victims, reporting persons, witnesses, etc. from the perpetrator of sexual violence for the purpose of investigation so that they can freely make oral statements. |
| (5) | No person shall refuse an investigation conducted at the reported scene by judicial police officers dispatched to the scene or interfere with activities of such judicial police officers, without good cause. |
[This Article Added on Mar. 21, 2017]
| Article 32 (Report and Inspection) |
| (1) | The Minister of Gender Equality and Family or the head of a local government may require the head of a counseling center, protection facility, integrated support center, or educational and training facility to submit a report on the facility as necessary and may authorize related public officials to investigate into the current status of operation of the facility or to inspect books of account or other documents. <Amended on Dec. 18, 2012; Dec. 1, 2015> |
| (2) | Public officials who conduct the inspection under paragraph (1) shall notify the heads of such centers or facilities in advance of the date and time, purposes, etc. of such inspection. |
| (3) | Related public officials performing the duties under paragraph (1) shall carry certificates of authority and present them to interested persons. |
| Article 33 (Prohibition of Use of Similar Names) |
No person, other than a counseling center, protection facility, integrated support center, or educational and training center under this Act, shall use the words "counseling center for victims of sexual violence", "protection facility for victims of sexual violence" or "integrated support center for victims of sexual violence", "educational and training center for counselors on sexual violence", or similar in its name.
[This Article Wholly Amended on Dec. 18, 2012]
When the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to issue an order to permanently close a business or to revoke authorization pursuant to Article 23, he or she shall hold a hearing thereon. <Amended on Dec. 18, 2012>
| Article 35 (Delegation of Authority) |
Part of the authority of the Minister of Gender Equality and Family under this Act may be delegated to the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
CHAPTER IV PENALTY PROVISIONS
| Article 36 (Penalty Provisions) |
| (1) | Any person who takes any unfavorable measures against a victim or a person who reports on the occurrence of sexual violence in violation of Article 8 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Added on Feb. 1, 2012; Oct. 20, 2020; Jan. 12, 2021> |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding five million won: <Amended on Feb. 1, 2012; Dec. 18, 2012; Mar. 13, 2018> |
| 1. | A person who establishes or operates a counseling center, a protection facility, or an educational and training facility without filing a report thereon or obtaining authorization therefor, in violation of the former part of Article 10 (2), Article 12 (2), or the former part of Article 19-2 (3); |
| 2. | A person who continues to operate a counseling center, a protection facility, or an educational and training facility even after the receipt of an order to close or suspend business or even after the revocation of the relevant authorization under Article 23; |
| 3. | A person who breaches the duty to comply with the prohibition of business operation for profit under Article 29; |
| 4. | A person who breaches the duty to maintain confidentiality under Article 30. |
| Article 37 (Joint Penalty Provisions) |
If a representative of a legal entity, or an agent, servant, or other employee of a legal entity or individual, commits an offense set forth in Article 36 in relation to the business of the legal entity or individual, not only shall such offender be punished, but the legal entity or individual shall also be punished by a fine under the relevant provision: Provided, That this shall not apply where the legal entity or individual has not been negligent in giving due attention and supervision concerning the business to prevent such offense.
| Article 38 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Added on Mar. 21, 2017; Apr. 18, 2023> |
| 1. | A person who has failed to comply with an order to take corrective measures referred to in Article 22 (1); |
| 2. | A person who has refused an investigation conducted at the reported scene without good cause, in violation of Article 31-2 (5). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Mar. 21, 2017; Jan. 12, 2021> |
| 1. | A person who fails to report on the occurrence of a sexual violence case, in violation of Article 9 (2); |
| 2. | A person who fails to file a report or files a false report or who refuses or evades an investigation or inspection under Article 32 (1) without good cause; |
| 3. | A person who violates the duty of prohibition of use of any similar name under Article 33. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Gender Equality and Family or the head of a local government, as prescribed by Presidential Decree. <Amended on Dec. 18, 2012; Dec. 1, 2015; Mar. 21, 2017> |
ADDENDA <Act No. 10261, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Article 2 (Repeal of Other Act)
Article 3 (Transitional Measures concerning Counseling Centers)
Any counseling center for the victims of sexual violence reported to the Special Self-Governing Province Governor or the head of Si/Gun/Gu pursuant to the former Act on the Protection, etc. of Victims of Sexual Crimes, as at the time this Act enters into force, shall be deemed a counseling center under this Act. Article 4 (Transitional Measures concerning Protection Facilities)
Any protection facility for the victims of sexual violence reported to the Special Self-Governing Province Governor or the head of Si/Gun/Gu pursuant to the former Act on the Protection, etc. of Victims of Sexual Crimes, as at the time this Act enters into force, shall be deemed a protection facility authorized under this Act: Provided, That said facility shall meet the requirements of Article 12 (3) within one year from the date this Act enters into force. Article 5 (Transitional Measures concerning Inmates in Protection Facilities)
Article 6 (Transitional Measures concerning Qualification Standards for Counselors, etc.)
Any employee of a counseling center for the victims of sexual violence or a protection facility for the victims of sexual violence pursuant to the former Act on the Protection, etc. of Victims of Sexual Crimes, as at the time this Act enters into force, shall be governed by the former provisions if he/she falls under any subparagraph of Article 19 (1) due to any cause accruing before this Act enters into force, notwithstanding the provisions of subparagraphs of the said paragraph. Article 7 (Transitional Measures concerning Administrative Disposition Taken Pursuant to the Former Act on the Protection, etc. of Victims of Sexual Crimes) Any administrative disposition taken by an administrative agency against a counseling center or protection facility pursuant to the former Act on the Protection, etc. of Victims of Sexual Crimes, as at the time this Act enters into force, shall be deemed an administrative disposition taken under this Act. Article 9 (Relationship to Other Statutes)
ADDENDUM <Act No. 10521, Mar. 30, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 11286, Feb. 1, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11573, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Period of Admission of Inmate whose Period of Admission Extended)
The Amended provisions of Article 16 shall also apply to a person whose period of admission has been extended pursuant to the former provisions before this Act enters into force. The period of admission extended pursuant to the former provisions in such cases shall be included in the period of admission under the amended provisions of Article 16. Article 3 (Transitional Measures concerning Protection Facilities)
Protection facilities established and operated by the State or a local government pursuant to the former provisions or protection facilities authorized by the Special Self-Governing Province Governor or the head of a Si/Gun/Gu before this Act enters into force shall be deemed protection facilities for each category of inmates classified under the amended provisions of Article 12 (3) but shall satisfy the standards for establishment and operation under the amended provisions of Article 12 (4) within six months from the date this Act enters into force. Article 4 (Transitional Measures concerning Educational and Training Facilities)
If a legal aid corporation or social welfare foundation that operates an educational course already established for counsellors on sexual violence at the time this Act enters into force, as prescribed by Presidential Decree, or any other nonprofit corporation or organization, the main business of which is to prevent sexual violence and protect victims of sexual violence files a report pursuant to the amended provisions of Article 19-2 (3) within three months from the date this Act enters into force, it shall be deemed to file a report on the enforcement date of this Act: Provided, That it shall satisfy the standards for establishment under the amended provisions of Article 19-2 (4) within six months from the enforcement date of this Act.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
| (2) | Among the Acts amended by Article 6 of this Addenda, the amended provisions of the Acts, which were promulgated before this Act enters into force but their enforcement dates have yet to arrive, shall enter into force on their respective enforcement dates ....(Proviso Omitted.)... enter into force. |
ADDENDA <Act No. 12328, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measure concerning Incompetent Persons, etc.)
A person under adult guardianship or under limited guardianship, as referred to in the amended provisions of Article 19 (1) 1, shall be deemed to include the persons upon whom the declaration of incompetence or quasi-incompetence remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 12698, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
ADDENDA <Act No. 13179, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 27 shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measure concerning Users under the Framework Act on Gender Equality) Article 3 (Transitional Measure concerning Medical Institutions for Treatment of Victims, etc. of Sexual Violence)
Medical institutions for the treatment of victims, etc. designated under the previous provisions before this Act enters into force shall meet the standards for designation prescribed by Ministerial Decree of Gender Equality and Family pursuant to the amended provisions of Article 27 (5) within six months after this Act enters into force.
ADDENDA <Act No. 13537, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14063, Mar. 2, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14235, May 29, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14704, Mar. 21, 2017>
This Act shall enter into force 3 months after the date of its promulgation.
ADDENDA <Act No. 15205, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force 3 months after the date of its promulgation.
Article 2 (Applicability to Standards for Qualification of Workers of Counseling Centers, etc.)
The amended provisions of Article 19 (1) shall also apply to workers employed by a counseling center, protection facility, or integrated support center before this Act enters into force.
ADDENDA <Act No. 15451, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 21 shall enter into force on the date of its promulgation. Article 2 (Applicability to Report on Establishment of Counseling Center)
The amended provisions of Articles 10 (3) and 19-2 (4) shall begin to apply where a report on the establishment of a counseling center or an educational and training facility is filed or a report on changes is filed after this Act enters into force.
ADDENDUM <Act No. 15591, Apr. 17, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 16896, Jan. 29, 2020>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 7-3shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 17538, Oct. 20, 2020>
This Act shall enter into force 3 months after the date of its promulgation.
ADDENDUM <Act No. 17895, Jan. 12, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 19339, Apr. 11, 2023>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 19363, Apr. 18, 2023>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 20416, Mar. 26, 2024>
This Act shall enter into force 3 months after the date of its promulgation.