Last Change:
06/25/2025
Sexual Violence Prevention and Victims Protection Act
Original names of the law: 성폭력방지 및 피해자보호 등에 관한 법
Year: 2011
Type: Domestic law
Rights Category: Liberty & security of person
Selected provisions
(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 Newly Inserted on Feb. 1, 2012]
(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 Ordinance of the Ministry 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). <Newly Inserted 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 Ordinance of the Ministry of Gender Equality and Family. <Amended on Mar. 13, 2018>
(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: <Newly Inserted 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);
3. Protection facilities for special support: Facilities that provide victims less than 19 years old under Article 5 of the Act on Special Cases concerning the Punishment of Sexual Crimes with any of the services specified in the subparagraphs of Article 13 (1);
4. Protection facilities for foreigners: Facilities that provide foreign victims with any of the services specified in the subparagraphs of Article 13 (1): Provided, That such protection facilities may be integrated for the purpose of management with the protection facilities for foreigners under Article 7-2 (1) 3 of the Act on the Prevention of Domestic Violence and Protection of Victims;
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. <Newly Inserted 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 Ordinance of the Ministry of Gender Equality and Family. <Amended on Dec. 18, 2012; Dec. 1, 2015>
[Title Amended on Dec. 18, 2012]