HumanTrafficking.org | South Korea: Government Laws | Acts On The Punishment Of Sexual Crimes And Protection Of Victims Thereof

A web resource for combating human trafficking

Government Laws

Acts On The Punishment Of Sexual Crimes And Protection Of Victims Thereof

(Source: retrieved 2001, from Protection Project Web site: http://www.protectionproject.org/)

Article 21 (Prohibition of Divulgence of Identity and Privacy of Victim):
(1)	Any public official who is in charge of, or participates in, an investigation or judgement on a sexual crime, shall not disclose or divulge to another person, the address, name, age, occupation and appearance of the victim, and other personal matters, photographs, etc by which it is possible to identify and grasp the victim.
(2)	The person as referred to in paragraph (1) shall not disclose or divulge to another person any privacy of the victim excluding the fact constituting the crime which is requisite for prosecuting the sexual crime.

Article 22 (Trial not Open to Public):
(1)	Any trial on sexual crime may not be open by decision to the public to protect the privacy of the victim.
(2)	Any victim of sexual crime and her family, who are summoned as witness, may request not to open the examination of witness to the public, for the reason of protection, etc. of the privacy.
(3)	The presiding judge may, upon request as referred to in paragraph (2), decide the method and place of the examination of witness, such as whether the request is accepted, opening to the public, examination at a place other than the court, etc.
(4)	The provisions of Article 57 (2) and (3) of the Court Organization Act, shall be applicable mutatis mutandis to the case as referred to in paragraphs (1) and (3).

Article 22-2 (Presence in Company of Persons Having Fiduciary Relation):
(1)	Where any court interrogates a victim of any crime listed in Articles 5 through 9, 11, and 12 (excluding attempted crimes listed in Article 10) as a witness, it may allow, on the application of a public prosecutor or the victim, a person having fiduciary relation with the victim a presence.
(2)	Where any investigation agency examines a victim listed in paragraph (1), it may allow, on the application of the victim, any person designated by the victim a presence. [This Article Newly Inserted by Act No. 5343, Aug 22, 1997]

Article 22-3 (Day to Report): Where any person responsible for facilities which takes care of, educate, or treat persons under eighteen years of age and any person engaged in related facilities knows that any person under his care or supervision is a victim of any crime listed in Articles 5 through 10 of this Act and Article 301 and 301-2 of the Criminal Act, he shall report it without delay to an investigation agency. [This Article Newly Inserted by Act No. 5343, Aug 22, 1997]

Article 22-4 (Special Cases for Preservation of Evidence):
(1)	Where there exist significantly difficult circumstances for a victim or his legal representative to appear and give testimony on a trial date, he any, by explaining causes therefore, ask a public prosecutor who investigates the sexual crime concerned to request the preservation of evidence referred to in Article 184 (1) of the Criminal Procedure Act.
(2)	The public prosecutor who has received the request listed in paragraph (1) may request the preservation of evidence where there exist any reasonable reasons. [This Article Newly Inserted by Act No. 5343, Aug 22, 1997]

CHAPTER III: SEXUAL ASSAULT COUNSELING CENTER, ETC.

Article 23 (Establishment of a Counseling Center):
(1)	The State or local government may set up and operate the sexual assault counseling center (hereinafter referred to as the "counseling center")
(2)	If a person other than the State or local government, desires to set up and operate a counseling center, he shall report it to the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor (hereinafter referred to as a "Mayor/Do-governor"). [Amended by Act No. 5343, Aug 22, 1997; Act No. 5454, Dec 13, 1997]
(3)	Matters necessary for the criteria for the establishment, report, etc of the counseling center shall be determined by the Ordinance of the Ministry of Gender Equality. [Amended by Act No. 5343, Aug 22, 1997; Act No. 6400, Jan 29, 2001]

Article 24 (Function of Counseling Center): The function of the Counseling Center shall be as follows:
1.	Reception of the report on the sexual assault or giving any advice on it;
2.	Taking a person who is difficult in the normal family and social life due to a sexual assault, or who requires an urgent protection by other reason, to a hospital or sexual assault victim protection facility;
3.	Requesting necessary cooperation and assistance from related agencies, such as the Korea Bar Association, the Korea Legal Aid Corporation, etc., on the judicial settlement procedure, such as accusation, claim for damages, etc., against the offender;
4.	Public information for ther precaution and prevention of the sexual crime; and
5.	Other activities of the research and study on the sexual crimes and injuries.

Article 25 (Establishment of Protective Facilities):
(1)	The State or local governments may establish and operate the sexual assault victims protective facilities (hereinafter referred to as the "protective facilities")
(2)	If any social welfare corporation and other nonprofit corporations intend to establish and operate the protective facilities, they shall report such an establishment and operation to the competent Mayor/Do-governor. (Amended by Act No. 5343, Aug 22, 1997)
(3)	Matters necessary for the criteria of establishment and report, etc. of the protective facilities, shall be presented by the Ordinance of the Ministry of Gender Equality. [ Amended by Act No. 5343, Aug 22, 1997; Act No. 5358, Aug. 22, 1997; Act No. 6400, Jan. 29, 2001]

Article 26 (Affairs of Protective Facilities): The protective facilities shall carry out the following affairs:
1.	Affairs as prescribed in Article 24;
2.	Affairs protecting temporarily the sexual assault of victims;
3.	Affairs helping the restoration of the physical and mental stability and rehabilitation of the sexual assault victims;
4.	Other affairs necessary for protecting the sexual assault victims.

Article 27 (Suspension or Discontinuance of Counseling Center and Protective Facilities): If a person desires to suspend or discontinue a counseling center or protective facilities established under Article 23 (2) or 25 (2), he shall report it in advance to the Mayor/Do-governor, under the conditions as prescribed by the Ordinance of the Ministry of Gender Equality. [Amended by Act No. 5343, Aug 22, 1997; Act No. 6100, Jan 29, 2001]

Article 28 (Supervision):
(1)	The Minister of Gender Equality or the Mayor/Do-governor may have the head of the counseling center or protective facilities make a report necessary for such facilities, and have any public official concerned investigate the operational situation of such facilities, or inspect the books and other documents. [Amended by Act No. 5343, Aug 22, 1997; Act No. 6400, Jan 29, 2001]
(2)	When a public official carries out his duties under paragraph (1), he shall carry with himself a certificate indicating his competence, and show it to the interested person.

Article 29 (Closure of Facilities): If the counseling centers or protective facilities fall under any of the following subparagraphs, the Mayor/Do-governor may order a suspension or discontinuance of the operation, or may close such facilities: [Amended by Act No. 5343, Aug 22, 1997; Act No. 5358, Aug 22, 1997]
1.	Where they become unconformed to the criteria for establishment as prescribed in Article 23 (3) or 25 (3); and
2.	Where they fail to make the report as prescribed in Article 28 (1) without any justifiable reason, or make a false report, or refuse or evade the investigation or inspection.

Article 29-2 (Hearing): Where the Mayor/Do-governor desires to order a discontinuance of operation or close the facilities, he shall hold a hearing. [This Article Newly Inserted by Act No. 5453, Dec 13, 1997]

Article 30 (Assistance of Expenses): The State or local government may assist the expenses for the establishment and operation of the counseling center or protective facilities established under Article 23 (2) or 25 (2).

1.	Other Laws and Legal Instruments
	Regardless of a trafficker's aim in committing a trafficking act, traffickers are prosecuted for inveigling or kidnapping minors for whatever purpose, such as forced labor, removal overseas as well as indecent acts, sexual intercourse, or for gain, in accordance with The Criminal Act, punishable by up/to 10 years' imprisonment. (Article 287; Kidnapping of Minors)

	Other relevant articles of The Criminal Act regarding trafficking in persons for forced labor are:
	a.	Article 273 (Crime of Abuse) stipulates that one who abuses someone in his/her guidance or supervision shall be punished by imprisonment of up/to two years or a fine up/to 5 million Korean won.
	b.	Article 274 (Crime of Child Abuse) stipulates that one who hands over minors in his/her guidance or supervision under the age of 16 years to such employers as would place them in work which endangers their lives or bodies shall be punished by imprisonment of up/to 5 years.
	c.	Article 288 stipulates that one who inveigles, kidnaps, or trafficks for the purpose of profiting, removal overseas, marriage, etc. shall be punished by imprisonment of not less than one year. Articles 289 and 291 prescribe such crimes with imprisonment of not less than 5 years and with imprisonment of not more than 5 years, respectively.
	d.	Article 276 (Crimes of Arrest and Detainment) stipulates that one who arrests and detains victims shall be punished with imprisonment of up/to 5 years or a fine of up/to 7 million Korean won. Article 277 (Crime of Severe Arrest) prescribes such crimes with imprisonment of up/to 7 years.
	e.	Article 324 (Crime of Coercion) stipulates that one who coerces someone into doing something which is not someone's lawful obligation with force or intimidation shall be punished by imprisonment of up/to 5 years.

Laws other than The Criminal Act are:
	a.	The labor Standard Law prohibits forced labor (Article 6) and use of force (Article 7). It also provides for the exclusion of intermediary exploitation (Article 8). Those crimes shall be punished by imprisonment of up/to 5 years or a fine of up/to 30 million Korean Won (Article 110).
	b.	The Child Welfare Act prohibits child abuse (Article 29) with such punishment as imprisonment of up/to 10 years or a fine of up/to 30 million Korean Won (Article 40).
	c.	The Juvenile Protection Act prohibits employing juveniles and limits the entry of juveniles.
	d.	The Immigration Law, the Passport Act, the Act on Protection of Dispatched Workers, etc also have articles pursuant to which trafficking crimes are punishable.