ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION OF CHILDREN AND YOUTH AGAINST SEX OFFENSES
Wholly Amended by Presidential Decree No. 24567, May 31, 2013
Amended by Presidential Decree No. 25932, Dec. 30, 2014
Presidential Decree No. 26209, Apr. 20, 2015
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 27215, jun. 8, 2016
Presidential Decree No. 27639, Nov. 29, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 29044, Jul. 16, 2018
Presidential Decree No. 30908, Aug. 5, 2020
Presidential Decree No. 31163, Nov. 17, 2020
Presidential Decree No. 31325, Dec. 29, 2020
Presidential Decree No. 31349, Dec. 31, 2020
Presidential Decree No. 31379, Jan. 5, 2021
Presidential Decree No. 31625, Apr. 20, 2021
Presidential Decree No. 31726, jun. 8, 2021
Presidential Decree No. 32008, Sep. 24, 2021
Presidential Decree No. 32866, Aug. 9, 2022
Presidential Decree No. 33762, Sep. 26, 2023
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Act on the Protection of Children and Youth against Sexual Abuse and matters necessary for the enforcement thereof.
| Article 2 Deleted. <Dec. 29, 2020> |
CHAPTER II PUNISHMENT OF, INVESTIGATIVE PROCEDURES FOR, REPORTING OF, AND EMERGENCY MEASURES FOR, SEX OFFENSES AGAINST CHILDREN OR YOUTH
| Article 3 Deleted. <Dec. 29, 2020> |
| Article 4 Deleted. <Dec. 29, 2020> |
| Article 5 (Protective Measures in Investigative Procedures) |
| 1. | Notify victims of their rights; |
| 2. | Minimize investigations of victims; |
| 3. | Minimize cross-examination of victims with perpetrators; |
| 4. | Guarantee learning rights of victims in investigations which are not urgent; |
| 5. | Ensure victims are investigated by persons who have been specially trained to investigate sex offenses except in special circumstances; |
| Article 5-2 (Matters to Be Observed by Judicial Police Officers according to Special Cases concerning Investigations of Digital Sex Offenses against Children or Youth) |
When conducting a concealed identity investigation under Article 25-2 (1) of the Act (hereinafter referred to as "concealed identity investigation") or an undercover investigation under paragraph (2) of that Article (hereinafter referred to as "undercover investigation"), a judicial police officer shall comply with the following: | 1. | The investigation shall be conducted in compliance with statutes or regulations related to investigation and in accordance with due process and due course so that such officer does not engage in, among other things, any act that instigates a person with no inherent criminal intent to form one; |
| 2. | Attention shall be given to prevent further damage to a victimized child or youth; |
[This Article Newly Inserted on Sep. 24, 2021]
| Article 5-3 (Methods of Concealed Identity Investigations) |
| (1) | A concealed identity investigation under Article 25-2 (1) of the Act shall be conducted in a manner that avoids disclosure of the identity of a police officer or that denies his or her identity (including a manner that notifies his or her status, other than that of a police officer, which constitutes an act not falling under Article 25-2 (2) 1 of the Act). |
[This Article Newly Inserted on Sep. 24, 2021]
| Article 5-4 (Procedures and Methods for Approval of Concealed Identity Investigations) |
| (1) | A judicial police officer who intends to conduct a concealed identity investigation shall obtain approval, in writing, from the chief of an investigative division at the immediately higher-level police agency pursuant to Article 25-3 of the Act. |
| (2) | To obtain approval under paragraph (1), a judicial police official shall explain the necessity for, and subjects, scope, period, place, methods, etc. of, the relevant concealed identity investigation. |
| (3) | When completing a concealed identity investigation, a judicial police officer shall report the date and time of, and the grounds, etc. for, the completion to the head of an investigative division at the immediately higher-level police agency. |
[This Article Newly Inserted on Sep. 24, 2021]
| Article 5-5 (Control over Concealed Identity Investigations) |
| (1) | Details to be reported to the Korean National Police Commission under Article 25-6 (1) of the Act shall include information on the police agency to which the request for approval of a concealed identity investigation is made, the period of approval, the date of and reasons for completion, the subject and methods of investigation, the outline of a case, and the necessity for investigation. |
| (2) | Details to be reported to the competent standing committee of the National Assembly under Article 25-6 (2) of the Act shall include information on the police agency to which the request for approval of a concealed identity investigation is made, the period of approval, the date of and reasons for completion, and the number of cases approved. |
[This Article Newly Inserted on Sep. 24, 2021]
| Article 6 (Education of Persons Obligated to Report) |
| (1) | The head of a related administrative agency shall consult with the Minister of Gender Equality and Family about the education curriculum related to the prevention of and obligations to report sex offenses against children or youth under Article 35 (1). |
| (2) | Where the Minister of Gender Equality and Family provides education under Article 35 (2) of the Act, he or she may consult with the head of a related administrative agency and the head of an institution, facility or organization referred to in each subparagraph of Article 34 (2) of the Act regarding persons required to receive education, education hours, etc. |
| Article 7 (Other Persons Subject to Counseling and Medical Treatment) |
| 1. | Children or youth being protected in the same facility with victimized children or youth; |
| 2. | Children or youth who are likely to suffer mental damage because they attend the same school with victimized children or youth; |
| 3. | Aside from persons falling under Article 37 (1) 2 of the Act, family members in need of counseling and medical treatment, who are living with victimized children or youth. |
CHAPTER III PROTECTION OF AND SUPPORT FOR VICTIMIZED CHILDREN AND YOUTH
| Article 8 Deleted. <Nov. 17, 2020> |
| Article 9 Deleted. <Nov. 17, 2020> |
| Article 10 Deleted. <Nov. 17, 2020> |
| Article 11 (Recommendation of Institutions Eligible to be Entrusted with Orders to Attend Education) |
Where a probation officer who executes an order by requiring a child or youth perpetrator involved to attend education under Article 44 (4) of the Act intends to entrust the execution of such order pursuant to the proviso of Article 61 (1) of the Act on Probation, the Minister of Gender Equality and Family may recommend an institution or organization eligible to be entrusted with the execution. <Amended on Nov. 17, 2020>
| Article 12 (Orders for Child or Youth Perpetrators to Complete Educational Programs) |
| (1) | Where a public prosecutor orders a child or youth perpetrator to complete an educational or counseling program (hereinafter referred to as "educational program, etc.") pursuant to Article 44 (5) of the Act, he or she shall fix not more than 100 hours of education or counseling. <Amended on Nov. 17, 2020> |
| (2) | A public prosecutor may permit such educational programs, etc. to be conducted in any of the following facilities: <Amended on Apr. 20, 2021> |
| 1. | A probation office or branch of the probation office falling under Article 14 of the Act on Probation; |
| 3. | A facility recommended by the Minister of Gender Equality and Family. |
| (3) | Where education programs are conducted in a facility recommended by the Minister of Gender Equality and Family pursuant to paragraph (2) 3, he or she may subsidize expenses incurred in operating such educational programs, etc. to the relevant facility within the budget. |
| Article 13 (Notification of Results of Educational Programs) |
| (1) | A person who has conducted educational programs, etc. (in the case of educational programs, etc. conducted in a facility recommended by the Minister of Gender Equality and Family, referring to the Minister of Gender Equality and Family) pursuant to Article 12 (2) shall prepare a report on the outcomes of educational programs, etc. and submit such report to a public prosecutor. |
| (2) | Where a public prosecutor deems it impossible to achieve the objectives of educational programs, etc., such as the prevention of the repetition of offenses because a child or youth ordered to complete such educational programs, etc. fails to observe the obligations while taking them, he or she may revoke the order in relation to such educational programs, etc., and send the relevant child or youth to the juvenile department of a family court or the juvenile department of a district court. |
| Article 14 (Guidance on Rights to Appoint Attorney-at-Law of Protection Facilities) |
| Article 14-2 (Education and Counseling Support for Child or Youth Perpetrators and Their Legal Representatives) |
Pursuant to Article 46 (2) 5 of the Act, the Minister of Gender Equality and Family may provide facilities that operate educational and counseling programs for child or youth perpetrators of sexual crimes against children or youth and their legal representatives, with support necessary for the operation of such facilities. [This Article Newly Inserted on Nov. 17, 2020]
| Article 15 (Entrustment of Establishment and Operation of Institutions Specializing in Sex Education for Children and Youth) |
| (1) | The State and local governments may entrust affairs pertaining to the establishment and operation of institutions specialized in sex education for children and youth (hereinafter referred to as "institution specialized in sex education") under Article 47 (1) of the Act to any of the following specialized organizations: <Amended on Jan. 5, 2021> |
| 2. | An organization that establishes and operates youth training centers, youth training establishments, or youth cultural halls under the provisions of subparagraph 1 (a) through (c) of Article 10 of the Youth Activity Promotion Act; |
| 4. | An organization mainly conducting sex education. |
| (2) | When entrusting duties concerning the establishment and operation of an institution specializing in sex education to an organization under paragraph (1) 3 or 4, the State or a local government may consider the following: <Newly Inserted on Jan. 5, 2021> |
| 1. | Organizations under paragraph (1) 3: Results of projects related to the nurturing of youth, youth activities, youth welfare, or youth protection; |
| 2. | Organizations under paragraph (1) 4: Records of sex education for children and youth. |
| (3) | Qualifications for staff members, including employees, of institutions specializing in sex education shall be as specified in attached Table 2. <Amended on Jan. 5, 2021> |
| (4) | Criteria for establishing and operating an institution specializing in sex education shall be as specified in attached Table 3. <Amended on Jan. 5, 2021> |
| Article 16 (Submission of Operating Performances) |
| (1) | The head of a specialized organization entrusted pursuant to Article 15 (1) shall submit the biannual operating results of institutions specialized in sex education to the competent Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) by the tenth day of the following month following the half-year end. <Amended on Dec. 30, 2014> |
| (2) | The head of a Si/Gun/Gu to whom the biannual operating results are submitted pursuant to paragraph (1) shall submit such results to the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do Governor by the 20th day of the following month following the half-year end, and the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Do Governor or the Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") shall submit such results to the Minister of Gender Equality and Family by the end of the following month at the end of each quarter. <Amended on Dec. 30, 2014> |
| Article 17 (Affairs of Support Centers for Children and Youth Victimized through Commercial Sex Acts) |
| 1. | Career counseling and support; |
| 2. | Counseling on and support for entrance to school; |
| 3. | Counseling on and support for vocational training. |
[This Article Wholly Amended on Nov. 17, 2020]
| Article 18 Deleted. <Nov. 17, 2020> |
CHAPTER IV DISCLOSURE OF PERSONAL INFORMATION AND RESTRICTION OF EMPLOYMENT OF PERSON FINALLY AND CONCLUSIVELY CONVICTED OF SEX OFFENSES
| Article 19 (Operation of Website Dedicated to Information for Disclosure) |
| (1) | The Minister of Gender Equality and Family shall create and operate a dedicated website (hereinafter referred to as "dedicated website") in which information for disclosure (hereinafter referred to as "information for disclosure") under Article 49 (3) of the Act is accessible for the execution of orders to disclose information pursuant to Articles 49 (1) and 52 (1) of the Act. |
| (2) | The Minister of Gender Equality and Family shall take technical measures, such as incremental access to information for disclosure, prohibition of input and output by users of information for disclosure and security, and monitor the dedicated website on a regular basis to prevent the leakage of information for disclosure registered in the dedicated website. |
| Article 20 (Details of Information for Disclosure) |
| (1) | The specific form and details of information for disclosure under Article 49 (4) of the Act shall be as follows: <Amended on Jun. 8, 2016; Aug. 5, 2020; Jun. 8, 2021> |
| 1. | Name: To be stated in Korean and Chinese characters (only applicable where a person has a name in Chinese characters), and in the case of a foreigner, to be stated in Korean and English; |
| 2. | Age: Age on the resident registration card: Provided, That in the case of a foreigner, age shall be filled out as stated in passport or a certificate of alien registration; |
| 3. | Address or actual place of residence: To be filled out according to the following classification, and a road name under subparagraph 3 of Article 2 of the Road Name Address Act and a building number under subparagraph 5 of that Article shall be specified: |
| (a) | In the case of Koreans and Korean nationals residing abroad: Address reported pursuant to the Resident Registration Act and address of an actual place of residence; |
| (b) | In the case of foreigners: Address of a place of sojourn in the Republic of Korea registered pursuant to Article 32 of the Immigration Act and address of an actual place of residence; |
| 4. | Physical description: To describe height and weight; height shall be described in centimeters and weight shall be in kilograms, respectively; |
| 5. | Photograph: To post a registered photograph; |
| 6. | Summary of sex offenses subject to registration: State the judgment date, name of an offense, sentenced years in prison, and summary of the offense, but any details that may identify a victim shall not be mentioned; |
| 7. | Criminal records of sexual violence: State the name and frequency of a sex violence crime that is determined guilty final and conclusive before the date of the final decision on the case subject to registration; |
| 8. | Whether to attach an electronic device under the Act on Electronic Monitoring: State whether an electronic device is attached and the period of attachment thereof, if any. |
| (2) | Where the Minister of Gender Equality and Family receives information for disclosure pursuant to Article 52 (2) of the Act, he or she shall formulate the original register of information for disclosure about sexual offenders detailing information for disclosure under paragraph (1). |
| (3) | Specific matters regarding the form and the method of formulating the original register of information for disclosure about sexual offenders under paragraph (2) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 21 (Certification of Real Name and Management of Accessible Information) |
| (1) | Any person who intends to access information for disclosure using a dedicated website pursuant to Article 49 (6) of the Act shall obtain certification of a real name by entering his or her name and resident registration number. <Amended on Sep. 26, 2023> |
| (2) | The Minister of Gender Equality and Family shall keep and manage personal information and contact information pertaining to a person who has accessed information for disclosure pursuant to paragraph (1) for a certain period. |
| Article 22 (Delegation of Posting Notices on Billboard) |
The Minister of Gender Equality and Family shall delegate the posting of notices on the billboard under Article 51 (4) of the Act to the head of an Eup/Myeon office or the head of the community center of a Dong in which a person to be notified actually lives pursuant to paragraph (6) of that Article. <Amended on Sep. 26, 2023>
| Article 22-2 (Requests for Correction of Notified Information or Disclosed Information) |
| (2) | Where the Minister of Gender Equality and Family receives a request for the correction of notified information or disclosed information pursuant to paragraph (1), he or she shall notify the Minister of Justice of such fact within seven days. <Amended on Sep. 26, 2023> |
| (3) | The head of a competent police office shall, when requested by the Minister of Justice to ascertain the authenticity of and verify any modification to the notified information or disclosed information pursuant to Article 52-2 (2) of the Act, he or she shall send the outcomes thereof to the Minister of Justice without delay. <Amended on Sep. 26, 2023> |
| (5) | The Minister of Justice shall send the information changed pursuant to paragraph (4) to the Minister of Gender Equality and Family by using the information and communications network of administrative agencies within seven days from the date on which he or she registers the changed information in the register of registered information. |
| (6) | The Minister of Gender Equality and Family shall make it possible for persons requesting the correction of notified information or disclosed information to read the information changed pursuant to paragraph (4) by means of the information and communications network prescribed in Article 52 (1) of the Act within 14 days from the date on which he or she receives such information pursuant to paragraph (5): Provided, That where a person who has requested the correction of notified information or disclosed information has also made a request to be notified by other means such as registered mail and fax, the Minister may do so as requested. <Amended on Sep. 26, 2023> |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for requesting the correction of notified information or disclosed information, notification of results of handling requests for correction, etc. shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Sep. 26, 2023> |
[This Article Newly Inserted on Jul. 16, 2018]
[Title Amended on Sep. 26, 2023]
| Article 23 (Requests for Submission of Data) |
The Minister of Gender Equality and Family may request a related administrative agency to provide data in order to publish trends and tendencies of sex offenses against children or youth and other matters necessary for guidance pursuant to Article 53 of the Act.
| Article 24 (Scope of Child or Youth-Related Institutions) |
"Facilities, etc. ... the types of which are prescribed by Presidential Decree" in Articles 56 (1) 17 and 57 (3) 12 of the Act means the following institutions, facilities, or places of business (hereafter in this Article referred to as "facilities, etc."): [This Article Wholly Amended on Dec. 29, 2020]
| Article 25 (Inquiries into History of Sexual Offenses) |
| (1) | Any of the following persons who intend to inquire about the history of sexual offenses pursuant to Article 56 (4), (5) and (8) of the Act shall inquire of the commissioner of a police agency about the history of sexual offenses. In such cases, the request may be made via information and communications networks operated by a police agency: <Amended on Apr. 20, 2015; Nov. 29, 2016; Jul. 16, 2018; Sep. 24, 2021; Sep. 26, 2023> |
| 1. | The head of a local government, a superintendent of education, or the head of a district office of education; |
| 2. | The head of a facility, an institution, or a place of business falling under any of the subparagraphs of Article 56 (1) of the Act (hereinafter referred to as "institution, etc. related to children and youth") or a person who intends to operate an institution, etc. related to children and youth; |
| 3. | A person who is being employed or effectively provides his or her labor or a person who intends to get a job or to effectively provide his or her labor to an institution, etc. related to children and youth (hereinafter referred to as “employees, etc.”). |
| (2) | Where a superintendent of education, the head of a district office of education, or the head of an institution, etc. related to children and youth inquires about history of sexual offenses pursuant to paragraph (1), he or she shall submit an inquiry along with a written consent of employees, etc. or shall have employees, etc. indicate their consent on the information and communications networks operated by a police station. <Amended on Apr. 20, 2015; Nov. 29, 2016; Sep. 26, 2023> |
| (3) | The commissioner of a police agency, in receipt of an inquiry regarding history of sexual offenses pursuant to paragraph (1), shall verify only as to whether a person who intends to operate an institution, etc. related to children and youth or employees, etc. is restricted from such operation or employment prescribed in Article 56 (1) of the Act (hereinafter referred to as "person subject to employment restrictions") and reply to the persons falling under the subparagraphs of paragraph (1). In such cases, the reply may be made via the information and communications networks operated by a police agency. <Amended on Apr. 20, 2015; Nov. 29, 2016> |
| (4) | Matters necessary for an inquiry about history of sexual offenses prescribed in paragraph (1), a written consent given under paragraph (2) and a reply form prescribed in paragraph (3) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 26 (Requests for Data Submission) |
Where the head of a central administrative agency under the subparagraphs of Article 57 (1) of the Act and paragraph (2) of that Article, a Mayor/Do Governor, the head of a Si/Gun/Gu, or a superintendent of education requests the submission of data pursuant to paragraph (5) of that Article, he or she shall specify the following matters: <Amended on Dec. 29, 2020> | 1. | Grounds for a request for data submission; |
| 2. | Date and time of data submission; |
| 3. | Details of data to be submitted. |
| Article 27 (Disclosure of Results of Checking and Verification of Former Sex Offenders) |
| (1) | The head of a central administrative agency under the subparagraphs of Article 57 (1) of the Act and paragraph (2) of that Article, a Mayor/Do Governor, the head of a Si/Gun/Gu, or a superintendent of education shall make public the results of the checking and verification under paragraph (6) of that Article (hereinafter referred to as "checking and verification") on a dedicated website established and operated by the Minister within two months after the date the work of checking and verification is completed. In such cases, the period of disclosure shall be at least three months. <Amended on Dec. 29, 2020> |
| (2) | The results of checking and verification that must be disclosed pursuant to Article 57 (6) of the Act shall be as follows: <Amended on Jan. 22, 2016; Nov. 29, 2016; Dec. 29, 2020> |
| 1. | The total number of institutions, etc. related to children and youth, a period of checking or verification, and the current status of the checking or verification on the number of checking or verification institutions or persons; |
| 2. | The number of institutions, etc. related to children and youth which are operated by persons subject to employment restrictions or in which they are employed, and the number of persons subject to employment restrictions of each institution; |
| 3. | Measures necessary for a person subject to employment restrictions who operates an institution or is employed therein, etc. related to children and youth or details of measures taken; |
| Article 28 (Requests for Dismissal and for Closure) |
| (1) | Where the head of a central administrative agency under the subparagraphs of Article 57 (1) of the Act and paragraph (2) of that Article, a Mayor/Do Governor, the head of a Si/Gun/Gu, or a superintendent of education requests to dismiss a person subject to restriction of employment or requests closure of a child or youth-related institution pursuant to Article 58 of the Act, he or she shall make such request in writing, specifying, among other things, violations of the Act, the details of the request, and the deadline for compliance. <Amended on Nov. 29, 2016; Dec. 29, 2020> |
| (2) | Where the head of a central administrative agency under the subparagraphs of Article 57 (1) of the Act and paragraph (2) of that Article, a Mayor/Do Governor, the head of a Si/Gun/Gu, or a superintendent of education requests dismissal of a person subject to restriction of employment pursuant to Article 58 (1) of the Act, he or she shall inform the relevant person of such fact. <Amended on Dec. 29, 2020> |
| (3) | The head of a child or youth-related institution, etc. requested to dismiss a person subject to restriction of employment or to close the institution, etc. pursuant to Article 58 (1) or (2) of the Act, and the person subject to restriction of employment notified of the request for dismissal pursuant to paragraph (2) may lodge an objection with the head of a central administrative agency under the subparagraphs of Article 57 (1) of the Act and paragraph (2) of that Article, a Mayor/Do Governor, the head of a Si/Gun/Gu, or a superintendent of education within 10 days from the date he or she is notified of the requests for dismissal and closure, or for dismissal. <Amended on Nov. 29, 2016; Dec. 29, 2020> |
| (4) | Where the head of a central administrative agency under the subparagraphs of Article 57 (1) of the Act and paragraph (2) of that Article, a Mayor/Do Governor, the head of a Si/Gun/Gu, or a superintendent of education receives an objection under paragraph (3), he or she shall examine the objection within two weeks and shall notify the head of the relevant child or youth-related institution, etc. and the relevant person subject to restriction of employment of the result of such examination. <Amended on Nov. 29, 2016; Dec. 29, 2020> |
| Article 29 (Criteria for Granting Monetary Awards) |
| (1) | Monetary awards for reporting (including making a complaint or accusation; hereinafter the same shall apply) under Article 59 of the Act shall be granted where a person reported to have committed an offense is prosecuted for the relevant offense or whose indictment is suspended. |
| (2) | Notwithstanding paragraph (1), no monetary award shall be granted in any of the following cases: |
| 2. | Where granting monetary awards is deemed inappropriate because a person involved in an offense subject to reporting under Article 59 (1) of the Act reports such offense; |
| 3. | Where a public official who is in charge of controlling offenses reports an offense in relation to his or her duties. |
| Article 30 (Procedures for Granting Monetary Awards) |
| (1) | A person who intends to receive a monetary award under Article 29 shall submit an application for receiving a monetary award to the Minister of Gender Equality and Family within one year from the date he or she learns of his or her eligibility for receiving monetary awards, as prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (2) | Where the Minister of Gender Equality and Family grants monetary awards, he or she shall formulate a report on granting monetary awards and the list thereof, as prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 31 (Amount of Monetary Awards to Be Granted) |
| (1) | A monetary award pursuant to Article 29 shall not exceed one million won within the budget, and the detailed amount of monetary awards shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| 1. | Where an amount of money paid exceeds a monetary award under paragraph (1): No monetary award shall be granted; |
| 2. | Where an amount of money is less than a monetary award under paragraph (1): An amount of money after subtracting the amount of money paid shall be paid. |
| Article 32 (Recovery of Monetary Awards) |
In any of the following cases, the Minister of Gender Equality and Family may withdraw a monetary award even after granting such award under Article 29: | 1. | Where he or she is granted a monetary award by fraud or other improper means; |
| 2. | Where a reason referred to in each subparagraph of Article 29 (2) is confirmed; |
| 3. | Where he or she falls under Article 31 (2) (where he or she falls under Article 31 (2) 2, only the subtracted amount of money shall be recovered). |
| Article 33 (Delegation of Authority) |
The Minister of Food and Drug Safety shall delegate the following authority over the local institutes of food and nutrition service for children under Article 56 (1) 22 of the Act to the heads of regional offices of food and drug safety pursuant to Article 60 (3) of the Act: | (d) | Receipt and handling of an objection and notice of the results of the handling under Article 28 (3) and (4); |
[This Article Wholly Amended on Sep. 26, 2023]
| Article 34 (Request for Probation Orders and Direction of Execution) |
| (1) | When a public prosecutor requests a probation order pursuant to Article 61 (1) of the Act, he or she shall state the following matters in a written request: |
| 1. | The name, resident registration number, occupation, residence, permanent domicile address and name of the offense; |
| 2. | The fact that constitutes a cause of request; |
| 3. | Applicable legal provisions. |
| (2) | Where a public prosecutor requests a probation order while instituting a public prosecution simultaneously, the additional statement of matters referred to in paragraph (1) 2 and 3 in a written arraignment may replace a written request for a probation order. |
| (3) | If a probationary sentence is determined, a public prosecutor shall send a document without delay directing the execution of a probation order to the head of a probation office having jurisdiction over the domicile of a person upon whom a probationary sentence is imposed along with a transcript copy of the written judgment. |
| Article 35 (Investigations) |
| (1) | When a court requests the head of a probation office (including a branch of the probation office; hereinafter the same shall apply) to conduct an investigation pursuant to Article 61 (4) of the Act, it shall notify him or her of personal matters of the relevant defendant and the essential facts of the crime. In such cases, it may also send background information if necessary. |
| (2) | The head of a probation office requested to conduct an investigation pursuant to paragraph (1) may request the head of a prison, juvenile correctional institutions, detention center, military prison or the chief of a police station to provide cooperation necessary for the investigation. In such cases, the head of an institution in receipt of a request shall provide cooperation as requested unless there is a compelling reason not to do so. |
| Article 36 (Application for Extension of Period of Probation) |
| (1) | Where the head of a probation office makes an application for an extension of a period of probation pursuant to Article 62 (1) of the Act, he or she shall make a written application, stating the following matters: |
| 1. | The name, resident registration number, domicile and occupation of a person who has received a probation order (hereinafter referred to as "person on probation"); |
| 2. | The purport of an application; |
| 3. | A reason why an extension of a period of probation is required. |
| (2) | When the head of a probation office makes an application pursuant to paragraph (1), he or she shall also submit data that may verify reasons for such application. |
| Article 37 (Duty to Report Persons on Probation) |
| 1. | Address and contact details; |
| 2. | Occupational relations; |
| 4. | Other matters necessary for the direction and supervision of a person placed on probation. |
| (3) | The head of a prison, juvenile correctional institution, detention center, military prison or medical treatment and probation facility in receipt of a report under Article 63 (1) of the Act from a person placed on probation shall send a copy of the report to the head of a probation office having jurisdiction over the domicile of the person placed on probation by no later than five days before his or her release. |
| Article 38 (Termination of Probation) |
| (1) | The Probation Review Committee pursuant to Article 64 of the Act may determine the termination of probation ex officio or at the request of the head of a probation office. |
| Article 39 (Processing of Sensitive Information and Personally Identifiable Information) |
| (1) | Where unavoidable to perform the following affairs, the head of a central administrative agency under the subparagraphs of Article 57 (1) of the Act and paragraph (2) of that Article (including those delegated with authority pursuant to Article 33), a Mayor/Do Governor, the head of a Si/Gun/Gu, or a superintendent of education (if the relevant authority is delegated or entrusted, those delegated or entrusted with the authority) may process data including criminal history records (hereafter in this Article referred to as "criminal history information") under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act, a resident registration number, passport number, or alien registration number (hereafter in this Article referred to as "resident registration number, etc.") under subparagraph 1, 2, or 4 of Article 19 of that Decree: <Amended on Nov. 29, 2016; Nov. 17, 2020; Dec. 29, 2020> |
| 3. | Affairs concerning a request for dismissal and for closure of a child or youth-related institution, etc., and a request for revocation of registration, permission, etc. under Article 58 of the Act; |
| 4. | Affairs concerning the imposition and collection of administrative fines (limited to resident registration numbers, etc.) prescribed in Article 67 of the Act. |
| (2) | When unavoidable to perform the following affairs, the Minister of Justice may process data including criminal history information and resident registration numbers: <Amended on Mar. 27, 2017> |
| (3) | When unavoidable to perform the following affairs, the Minister of Gender Equality and Family (including the head of an Eup/Myeon office or the head of a Dong community center to whom the posting of notices on a bulletin board has been delegated from the Minister of Gender Equality and Family pursuant to Article 22) may process data including criminal history information and resident registration numbers: <Amended on Dec. 29, 2020; Sep. 26, 2023> |
| 4. | Giving notice of reports on the outcomes of educational programs, etc. for child or youth perpetrators under Article 13 (1) (only applicable where educational programs, etc. have been conducted in a facility recommended by the Minister of Gender Equality and Family pursuant to Article 12 (2) 3); |
| 5. | Operating and managing a website dedicated to information for disclosure under Article 19. |
| (4) | Deleted. <Dec. 29, 2020> |
| (5) | When unavoidable to perform the following affairs, a public prosecutor may process data including resident registration numbers, etc.: |
| 1. | Deleted; <Nov. 17, 2020> |
| 2. | Affairs concerning requests for measures for victimized children, youth, etc. prescribed in Article 41 of the Act; |
| 3. | Affairs concerning requests for change of protective dispositions and termination thereof prescribed in Article 43 (1) of the Act; |
| 4. | Affairs concerning the issuance of orders to child or youth perpetrators prescribed in Article 44 (5) of the Act to participate in educational programs, etc.; |
| 5. | Deleted; <Nov. 17, 2020> |
| 6. | Deleted; <Nov. 17, 2020> |
| 7. | Affairs concerning receipt of notice of reports on the outcomes of educational programs, etc. for child or youth perpetrators prescribed in Article 13 (1); |
| 8. | Affairs concerning revocation of orders to complete courses by child or youth perpetrators prescribed in Article 13 (2). |
| (6) | When unavoidable to perform the following affairs concerning inquiries into sex offense history and replies thereto under Article 56 (4), (5) and (8) of the Act, the head of a local government, a superintendent of education, the head of a district office of education, the head of institutions etc. related to children or youth, and the commissioner of a police agency having jurisdiction over approval for or reporting on the establishment or organization of institutions, etc. related to children or youth may process data including criminal history information and resident registration numbers. <Amended on Apr. 20, 2015; Nov. 29, 2016; Jul. 16, 2018; Sep. 26, 2023> |
| (7) | When unavoidable to perform affairs concerning notification of reports on the completion of educational programs, etc. for child or youth perpetrators prescribed in Article 13 (1), a person who has conducted educational programs, etc. pursuant to Article 12 (2) 1 and 2 may process data including resident registration numbers, etc. |
| Article 40 (Criteria for Imposition of Administrative Fines) |
Criteria for the imposition of administrative fines under Article 67 of the Act shall be as specified in attached Table 4.
ADDENDA <Presidential Decree No. 24567, May 31, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 19, 2013.
Article 2 (Applicability to Matters to Be Reported by Persons Placed on Probation)
The amended provisions of Article 37 (2) shall also apply to persons who make reports under Article 63 (2) of the Act after this Decree enters into force, who were released from custody before this Decree enters into force. Article 3 (Transitional Measures concerning Administrative Fines)
Where criteria for the imposition of administrative fines are imposed regarding offenses committed before this Decree enters into force, the former provisions shall apply thereto.
ADDENDA <Presidential Decree No. 25932, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Article 2 (Transitional Measures concerning Submission of Operation Result)
Matters regarding quarterly operation results before this Decree enters into force shall be governed by the former provisions.
ADDENDUM <Presidential Decree No. 26209, Apr. 20, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 27215, Jun. 8, 2016>
This Decree shall enter into force on July 1, 2016.
ADDENDUM <Presidential Decree No. 27639, Nov. 29, 2016>
This Decree shall enter into force on November 30, 2016.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29044, Jul. 16, 2018>
This Decree shall enter into force on July 17, 2018: Provided, That the amended provisions of Article 33 (6) 8 shall enter into force on September 14, 2018.
ADDENDA <Presidential Decree No. 30908, Aug. 5, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2020.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 31163, Nov. 17, 2020>
This Decree shall enter into force on November 20, 2020: Provided, That the amended provisions of Articles 3 through 5, 14, 33 (7), and 39 (1) and of attached Table 1 shall enter into force on the date of the promulgation of this Decree.
ADDENDUM <Presidential Decree No. 31325, Dec. 29, 2020>
This Decree shall enter into force on January 1, 2021: Provided, That the amended provisions of Articles 2 through 5, attached Table 1, and subparagraph 2 of attached Table 4 shall enter into force on the date of the promulgation of this Decree.
ADDENDA <Presidential Decree No. 31349, Dec. 31, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2021.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 31379, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General Applicability to Requirements for Designation or Entrustment)
This Decree shall begin to apply where procedures for designation or entrustment commence after this Decree enters into force in order to make designation or entrustment pursuant to the statutes or regulations amended under this Decree.
ADDENDA <Presidential Decree No. 31625, Apr. 20, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 21, 2021.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31726, Jun. 8, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 9, 2021.
Articles 2 through 13 Omitted.
ADDENDUM <Presidential Decree No. 32008, Sep. 24, 2021>
This Decree shall enter into force on September 24, 2021.
ADDENDUM <Presidential Decree No. 32866, Aug. 9, 2022>
This Decree shall enter into on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33762, Sep. 26, 2023>
This Decree shall enter into force on October 12, 2023.