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ENFORCEMENT DECREE OF THE ACT ON THE PREVENTION OF COMMERCIAL SEX ACTS AND PROTECTION, ETC. OF VICTIMS

Wholly Amended by Presidential Decree No. 25632, Sep. 24, 2014

Amended by Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 26617, Nov. 4, 2015

Presidential Decree No. 28032, May 8, 2017

Presidential Decree No. 28243, Aug. 16, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Act on the Prevention of Commercial Sex Acts and Protection, etc. of Victims and matters necessary for the enforcement thereof.
 Article 2 (Educational Programs to Prevent Sexual Traffic)
(1) "Public organizations specified by Presidential Decree" in Article 5 (1) of the Act on the Prevention of Commercial Sex Acts and Protection, etc. of Victims (hereinafter referred to as the "Act") means each of the following institutions or organizations (hereinafter referred to as "public organizations"): <Amended by Presidential Decree No. 25751, Nov. 19, 2014>
1. Civic schools, civic high schools, high technical schools, special schools, and various kinds of schools, as defined under Article 2 of the Elementary and Secondary Education Act;
2. Schools defined under Article 2 of the Higher Education Act;
3. Various kinds of schools and universities established pursuant to other statutes;
4. Public service-related organizations publicly notified by the Minister of Personnel Management through the Official Gazette under Article 3-2 (2) of the Enforcement Decree of the Public Service Ethics Act (excluding institutions and organizations excluded from public service-related organizations under Article 3-2 (3)).
(2) Pursuant to Article 5 (1) of the Act, the head of a State agency or a local government, the head of an elementary school, a middle school, or a high school, and the head of a public organization (hereinafter referred to as "heads of a State agency, etc.") shall conduct educational programs to prevent sexual traffic respectively for the persons or students (limited to the students of a school defined under the Elementary and Secondary Education Act but excluding elementary school students) who belong to the relevant institution or organization for at least one hour at least once a year. In such cases, each institution or organization shall conduct such educational programs for new employees within two months from the date of employment.
(3) Educational programs to prevent sexual traffic referred to in paragraph (2) may be conducted with respect to the following matters by various means, such as lectures, audio-visual education, and education via Internet web-pages, but shall include face-to-face education:
1. Healthy attitude towards sex and gender culture based on gender equality;
2. The provisions of the statutes concerning the prevention and punishment of sexual traffic;
3. Prevention of human trafficking for the purpose of sexual traffic;
4. Other matters necessary for enhancing healthier values toward sex and the prevention of sexual traffic.
(4) The head of each State agency, etc. shall submit a report on the results of educational programs to prevent against sexual traffic to the Minister of Gender Equality and Family by the end of February of the following year.
(5) "The educational institutions specified by Presidential Decree" in Article 5 (3) of the Act means the following institutions and organizations:
1. Institutions and organizations established and operated by the State or a local government in connection with a policy on women;
2. Institutions and organizations recognized by the Minister of Gender Equality and Family as being equipped with human resources and physical resources required for assistance in educational programs to prevent sexual traffic, among the following institutions and organizations:
(a) Social welfare corporations under subparagraph 3 of Article 2 of the Social Welfare Services Act;
(b) Non-profit corporations and organizations whose articles of incorporation or bylaws stipulate the prevention of sexual traffic and the protection of victims of sexual traffic as activities within the scope of its business.
(6) Pursuant to Article 5 (5) of the Act, the Minister of Gender Equality and Family shall review the results of educational programs to prevent sexual traffic, as reported under paragraph (4), using records entered in computer networks or written reports but may conduct on-site inspections, if necessary.
(7) Pursuant to Article 5 (6) of the Act, the Minister of Gender Equality and Family shall conduct special educational programs, within six months after review, for officers in charge of institutions and organizations where he/she finds educational programs to prevent sexual traffic inadequate.
(8) Pursuant to Article 5 (8) of the Act, the Minister of Gender Equality and Family shall publish the results of the review on educational programs to prevent sexual traffic on its Internet web-site or in general daily newspapers, etc. registered as those distributed nationwide under Article 9 (1) of the Act on the Promotion of Newspapers, Etc.
(9) The Minister of Gender Equality and Family and the heads of related central administrative agencies may provide teaching materials, data, and professionals to any institution or organization that conducts educational programs to prevent sexual traffic under paragraph (2), in order to efficiently conduct educational programs to prevent sexual traffic.
 Article 3 (Week for Elimination of sexual traffic)
Pursuant to Article 7 of the Act, the period starting from September 19 and ending on September 25 each year shall be designated as the Week for Elimination of sexual traffic.
 Article 4 (Assistance to Victims of sexual traffic and their Families in Schooling)
(1) Where the State or a local government intends to have a victim of sexual traffic and a person who has prostituted him/herself (hereinafter referred to as "victim of sexual traffic"), or his/her family member enroll (including admission, re-admission, transfer, and transfer admission; the same shall apply hereinafter in this Article) in a school in any area other than the area in which such victims or family members have their domicile, in accordance with Article 8 of the Act, the following procedures shall apply:
1. Elementary schools:
(a) Where the guardian of a victim of sexual traffic or of a family member of such victim intends to have a victim of sexual traffic or the family member enrolled in an elementary school in any area other than the area in which the victim or the family member has his/her domicile, the head of the elementary school shall accept the application for admission after verifying whether the student is a victim of sexual traffic or a family member of such victim with the Metropolitan Autonomou City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (Gu means an autonomous Gu; the same shall apply hereinafter), whoever is the competent authority;
(b) Where a victim of sexual traffic or a family member of such victim is enrolled in an elementary school, the head of the elementary school shall recommend the transfer of a victim of sexual traffic or the family member to the head of the competent district office of education, with his/her guardian's consent thereto, after the Metropolitan Autonomou City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu verifies whether the student is a victim of sexual traffic or a family member of such victim, and the head of the competent district office of education shall designate a school to which the student may be transferred and require him/her to be transferred: Provided, That the guardian's consent may be omitted, if such consent cannot be obtained because it is impossible to find the guardian's domicile by ordinary means;
2. Schools at any other level:
The head of a school at any other level shall recommend the re-admission, transfer, or transfer admission of a victim of sexual traffic or a family member of such victim to the head of the competent district office of education after the Metropolitan Autonomou City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu verifies whether the student is a victim of sexual traffic or a family member of such victim, and the superintendent of the competent office of education or the head of the competent district office of education shall designate, and assign to, a school in which the student may be enrolled.
(2) The Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, the head of an Eup/Myeon/Dong, the head of a school, the superintendent of an office of education, or the head of a district office of education shall ensure that the measures taken under paragraph (1) are not divulged to any person other than the persons involved in administrative affairs of schooling in management and supervision, in order to protect victims of sexual traffic and their families.
(3) The number of days taken for admission for schooling according to the procedures referred to in paragraph (1) shall be included in the number of days of attendance of a victim of sexual traffic or of a family member of such victim.
 Article 5 (Persons Eligible for Admission to or Use of Support Facilities)
Under Article 12 (1) and (2) of the Act, any of the following persons, who are victims of sexual traffic or have prostituted themselves, shall be eligible for admission to a support facility for victims of sexual traffic (hereinafter referred to as "support facility") under Article 9 (1) of the Act or for the use of a program provided by such support facility: Provided, That in cases falling under subparagraphs 2 and 3, no person shall be compelled to stay in a support facility or to use a program provided by the support facility, against his/her express will:
1. Where a person wishes to be admitted to such facility or to use such program: Provided, That in order for a person to be admitted to a juvenile support facility, the person's legal representative shall consent to the admission, but upon receipt of a report from a counsellor of such support facility or a counsellor of a counseling center for victims of sexual traffic under Article 17 of the Act (hereinafter referred to as "counselling center"), the head of the support facility may determine whether to admit a person to the support facility, if the legal representative's consent cannot be obtained because it is impossible to find the legal representative's whereabouts by ordinary means;
2. Where the head of a counseling center requests admission or permission for use;
3. Where a prosecutor or senior judicial police officer requests the transfer of a person to a support facility under Article 6 (2) of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.
 Article 6 (Organization and Operation of Central Support Center for Prevention of sexual traffic)
(1) Pursuant to Article 19 (4) of the Act, the Central Support Center for Prevention of sexual traffic (hereinafter referred to as the "Central Support Center") shall be organized with the head of the Center and teams necessary to perform activities to prevent sexual traffic and other missions.
(2) The head of the Central Support Center shall formulate a business plan for each year, establish regulations on organization, personnel management, accounting, remuneration, commodities, etc. necessary to operate the Central Support Center, and perform its business affairs in accordance with the annual plan and regulations.
 Article 7 (Standards for Qualification of Employees of Central Support Center)
The standards for the qualifications of employees of the Central Support Center shall be as prescribed in attached Table 1.
 Article 8 (Institutions Entrusted with Continuing Education)
"The specialized institution specified by Presidential Decree" in Article 20 (2) of the Act means any of the following institutions:
1. An institution established and operated by the State or a local government in connection with a policy on women;
2. An educational institution established and operated by a non-profit corporation or organization whose main business activities are the prevention of sexual traffic and the protection of victims of sexual traffic.
 Article 9 (Scope of Medical Treatment)
"Other physical or mental treatments specified by Presidential Decree" in Article 24 (2) 3 of the Act means the following treatments:
1. Examinations to check an infection of a venereal disease and medical treatment of venereal diseases;
2. Medical treatment of a mental disease caused by sexual traffic;
3. Medical treatment of alcoholism and drug addiction caused by sexual traffic.
 Article 10 (Scope of Subsidizable Expenses)
Pursuant to Article 25 of the Act, the State or a local government may fully or partially subsidize the following expenses, within budgetary limits:
1. Expenses incurred in the establishment of a support facility, a rehabilitation support center under Article 15 of the Act, or a counselling center (hereinafter referred to as "counselling center or any other support facility");
2. Expenses incurred in the operation of a counseling center or any other support facility, including the performance of business affairs specified in Articles 11, 16, and 18 of the Act.
 Article 11 (Size of Notices, Place of Posting, etc.)
The size of the notices, the place for posting such notices, the contents of the notices, and other matters necessary for posting the notices under Article 32 (2) of the Act shall be as prescribed in attached Table 2.
 Article 12 (Digital Content subject to Notice, Content of Notices, etc.)
(1) "Digital content specified by Presidential Decree" in Article 33 (1) of the Act, means the digital content determined and published by the Minister of Gender Equality and Family, meeting all the following criteria, among medial products harmful to juveniles, as defined under subparagraph 3 of Article 2 of the Juvenile Protection Act: <Amended by Presidential Decree No. 28032, May 8, 2017>
1. It is provided with a function that enables conversations between and among unspecified or anonymous users: Provided, That digital content installed and provided at a cyber mall under subparagraph 4 of Article 2 of the Act on the Consumer Protection in Electronic Commerce, Etc., is excluded herefrom;
2. It is provided with a function that enables conversations by symbols, texts, sound, or images: Provided, That digital content provided with a function that enables conversations only by voice, is excluded herefrom;
3. It is lewd or obscene, which is likely to arrange, solicit, induce, or coerce sexual traffic.
(2) Matters necessary for posting notices, including the content and size of notices and the methods of posting such notices under Article 33 (2) of the Act, shall be as listed in attached Table 3.
 Article 12-2 (Scope of Places of Business to Enter and Provide Guidance for)
(1) “Business specified by Presidential Decree” in Article 33-2 (1) 1 (a) of the Act, means any accommodation business except the following:
1. Resort condominium business defined in Article 3 (1) 2 (b) of the Tourism Promotion Act;
2. Accommodation business providing international conference cluster facilities designated under Article 15-3 of the International Conference Industry Promotion Act;
3. Accommodation business, as rural tourism and resort complex business defined in subparagraph 16 (a) of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act, tourist farm business defined in subparagraph 16 (b) of the same Article, or rural bed and breakfast business defined in subparagraph 16 (d) of the same Article.
(2) “Business specified by Presidential Decree” in Article 33-2 (1) 1 (b) of the Act, means public bath business operating massage rooms or operating individual rooms partitioned.
(3) “Business specified by Presidential Decree” in Article 33-2 (1) 2 of the Act, means any of the following:
1. Business operated by their employees outside the place of business to deliver and sell tea, as business of resting restaurants to brew and sell tea;
2. Business of public pubs;
3. Business of entertainment bars.
[This Article Newly Inserted by Presidential Decree No. 28032, May 8, 2017]
 Article 13 (Delegation of Authority)
(1) Pursuant to Article 34 of the Act, the Minister of Gender Equality and Family shall delegate his/her authority over the following matters to the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of each Si/Gun/Gu:
1. Direction and supervision over counselling centers, etc. under Article 27 (1) of the Act;
2. Imposition or collection of administrative fines under Article 38 (3) of the Act.
(2) Pursuant to Article 34 of the Act, the Special Metropolitan City Mayor, a Metropolitan City Mayor, and each Do Governor shall delegate his/her authority over the following matters to the head of each Si/Gun/Gu:
1. Direction and supervision over counselling centers, etc. under Article 27 (1) of the Act;
2. Imposition or collection of administrative fines under Article 38 (3) of the Act.
 Article 14 (Management of Sensitive Information and Personally Identifiable Information)
If inevitable for conducting any of the following administrative affairs, the Minister of Gender Equality and Family (including a person to whom the authority of the Minister of Gender Equality and Family has been delegated under Article 34 of the Act), the head of a local government (including a person with delegated or entrusted authority, if the authority over the relevant matter has been delegated or entrusted), the head of the Central Support Center, or the head of a counselling center or any other support facility may handle data containing information about health and sexuality, as defined under Article 23 of the Personal Information Protection Act, or a resident registration number or a foreigner registration number, as defined under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 26617, Nov. 4, 2015>
1. Support for victims, etc. of sexual traffic by counselling centers or any other support facilities under Articles 11, 16, or 18 of the Act;
2. Subsidization of support facilities for care expenses under Article 14 of the Act;
3. Support for activities to rescue victims, etc. of sexual traffic or education of employees of counselling centers or any other support facilities by the Central Support Center under Article 19 (2) 2 or 8 of the Act.
 Article 15 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines under Article 38 (1) and (2) of the Act shall be as prescribed in attached Table 4.
 Article 16 (Re-Examination of Regulation)
The Minister of Gender Equality and Family shall examine the appropriateness of the digital contents subject to notice, the details of notices, etc. referred to in Article 12 and attached Table 3 every three years from January 1, 2015 (referring to the period that ends on the day before January 1 of every third year) and shall take measures for improvement, etc.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2014.
Article 2 (Applicability to Educational Programs to Prevent sexual traffic)
The amended provisions of the latter part of Article 2 (2) shall apply to newly employed persons after this Decree enters into force.
Article 3 (Relationship to Other Statutes)
A citation of any provision of the former Enforcement Decree of the Act on the Prevention of Commercial Sex Acts and Protection, etc. of Victims by any other statute in force as at the time this Decree enters into force shall be deemed a citation of the relevant provision of this Decree in lieu of the former provision, if such relevant provision exists in this Decree.
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 provisions of Presidential Decrees amended by Article 5 of this Addenda, which were promulgated before this Decree enters into force but the enforcement date of which has not arrived, shall enter into force on the date of each relevant Presidential Decree.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26617, Nov. 4, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28032, May 8, 2017>
This Decree shall enter into force on June 21, 2017.
ADDENDUM <Presidential Decree No. 28243, Aug. 16, 2017>
This Decree shall enter into force on the date of its promulgation.