Last Change:

05/27/2025

Act on the Protection of Children and Youth against Sex Offenses

Year: 2010

Type: Domestic law

Rights Category: Health, Liberty & security of person, Social protection, Documentation

Description

The purpose of this Act is to prescribe special cases concerning punishment for committing sex offenses against children or youth and the procedures therefor, prepare procedures for relieving and assisting victimized children and youth, and systematically manage sex offenders against children or youth, thereby protecting them against sexual abuse and assisting them to become sound members of society.

Selected provisions
Article 4 - Obligations of the State and Local Governments

(1) The State and local governments shall conduct surveys and research and provide education and guidance, as well as raise necessary funds by preparing a legal and institutional framework, to prevent sex offenses against children or youth and to protect them from sexual exploitation and abuse.

(2) In recognition that child and youth sex exploitation and abuse are international crimes, the State shall endeavor to reinforce international cooperation through sharing of criminal information, criminal investigations and research, cooperation under international criminal law, extradition of criminals, etc.

Article 36 - Protection of Victimized Children or Youth

@Articles 5, 8, 29, and 49 through 53 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence shall apply mutatis mutandis where a person who commits a sex offense against a child or youth is in a family relationship prescribed in subparagraph 2 of Article 2 of that Act with the relevant victimized child or youth, and it is necessary to protect such victimized child or youth.

Article 37 - Counseling and Treatment of Victimized Children or Youth

(1) For physical and mental recovery of victimized children, youth, etc., the State may request the counseling facilities referred to in Article 46 or the medical institutions taking exclusive charge of victims of sexual violence designated under Article 27 of the Sexual Violence Prevention and Victims Protection Act to provide counseling or treatment programs (hereinafter referred to as "counseling and treatment programs") to the following persons:

1. A victimized child or youth;

2. The guardian or siblings of a victimized child or youth;

3. Other persons prescribed by Presidential Decree.

(2) No institution in receipt of a request to provide counseling and treatment programs under paragraph (1) shall reject such request without any justifiable ground.