Article 56(Restrictions of Employment at Child or Youth-Related Institutions) #
(1) Where the court sentences a person to a penalty or medical treatment and custody for committing a sex offense against a child, youth, or adult (hereinafter referred to as "sex offense"), it shall issue an order (notifies in cases of a summary order) to prohibit such person from operating any of the following facilities, institutions, or workplace (hereinafter referred to as "child or youth-related institutions, etc.") referred to in the following subparagraphs, or from finding a job at, or providing de facto labor to, the child or youth-related institutions, etc. (hereinafter referred to as an employment restriction order) for a specified period from the date the execution of such penalty or medical treatment and custody is wholly or partially terminated, suspended, or exempted (where a person is sentenced to punishment of a fine, referring to the date such sentence is made final and conclusive; hereinafter referred to as "period of restricted employment"), concurrently as it renders a judgment on the sex offense; provided, the foregoing shall not apply where the person is very unlikely to recommit a crime, or where it is deemed there are extenuating circumstances to lift the restriction of employment: <Amended on Mar. 23, 2013; Jan. 21, 2014; Jan. 19, 2016; May 29, 2016; Jan. 16, 2018; Mar. 13, 2018; Nov. 26, 2019; Jun. 2, 2020; Dec. 8, 2020; Jan. 12, 2021; Apr. 11, 2023>
1. Kindergartens defined in subparagraph 2 of Article 2 of the Early Childhood Education Act;
2. Schools defined in Article 2 of the Elementary and Secondary Education Act, entrusted educational institutions referred to in Article 28 of that Act and Article 54 of the Enforcement Decree of that Act, and schools defined in Article 2 of the Higher Education Act;
2-2. Student counseling centers or entrusted educational institutions that are established and operated directly, or operated by entrustment, by Offices of Education of Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Special Self-Governing Province, or Offices of Education referred to in Article 34 of the Local Education Autonomy Act;
2-3. International schools established under Article 223 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City;
3. Private teaching institutes defined in subparagraph 1 of Article 2 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, teaching schools defined in subparagraph 2 and private tutors defined in subparagraph 3 of that Article of that Act (referring to private teaching institutes, teaching schools, and private tutors for children and youth designated by the Minister of Education, the use of which by children and youth is not restricted);
4. Centers for the protection and rehabilitations of youth under Article 35 of the Youth Protection Act;
5. Facilities for youth activities defined in subparagraph 2 of Article 2 of the Youth Activity Promotion Act;
6. Youth counseling and welfare centers under Article 29 (1) of the Youth Welfare Support Act, support centers for youth with immigrant background under Article 30 (1) of that Act, and youth welfare facilities under Article 31 of that Act;
6-2. A support center for out-of-school youth under Article 12 of the Act on the Support for Out-of-School Youth;
7. Child care centers defined in subparagraph 3 of Article 2 of the Child Care Act; child care support centers prescribed in Article 7 of that Act; and part-time child care services providers prescribed in Article 26-2 of that Act;
8. Child welfare facilities under subparagraph 10 of Article 3 of the Child Welfare Act, institutions delivering integrated services under Article 37 of that Act, and community-based childcare centers under Article 44-2 of that Act;
9. Supporting institutions for victims, etc. of commercial sex acts under Article 9 of the Act on the Prevention of Commercial Sex Acts and Protection of Victims, and counseling centers for victims of commercial sex acts under Article 17 of that Act;
9-2. Institutions specializing in sex education, and support centers for children and youth victimized through commercial sex acts;
10. Housing management offices of collective housing defined in subparagraph 3 of Article 2 of the Housing Act. In such cases, limited to a person directly engaged in security work;
11. Sports facilities designated by the Minister of Culture, Sports and Tourism, the use of which by children and youth is not restricted, among sports facilities established pursuant to Article 3 of the Installation and Utilization of Sports Facilities Act;
12. Medical institutions under Article 3 of the Medical Service Act (limited to medical personnel under Article 2 of that Act, assistant nurses under Article 80 of that Act, and medical service technologists under Article 2 of the Act on Medical Technologists);
13. Places of business for following businesses under the Game Industry Promotion Act:
(a) A business providing Internet computer game facilities defined in subparagraph 7 of Article 2 of the Game Industry Promotion Act;
(b) A combined distribution and game providing business defined in subparagraph 8 of Article 2 of the Game Industry Promotion Act;
14. Corporations providing security services defined in subparagraph 1 of Article 2 of the Security Services Industry Act. In such cases, limited to a person directly engaged in security work;
15. Places of business for planning, supervising and operating youth activities defined in subparagraph 3 of Article 3 of the Framework Act on youth for commercial purposes (hereinafter referred to as "business establishments for planning youth activities");
16. Business establishments for popular culture planning;
17. Any of the following institutions, facilities or places of business where the employment of children or youth or their entrance is permitted (hereafter referred to as "facilities, etc." in this subparagraph), the types of which are prescribed by Presidential Decree:
(a) Facilities, etc. where there exist or may exist business-related or de-facto power relationship between children or youth, and the operators or employees of, or persons providing de facto labor to, relevant facilities, etc.;
(b) Facilities, etc. favored and frequented by children and youth, over which there are concerns that children and youth could fall victim to sexual assault by the operators, employees, or persons providing de facto labor in the process of operating relevant facilities, etc.;
18. Places of business which recruit or hire persons who provide educational services directly to children and youth who come for learning or by other ways such as visiting home of children and youth (hereinafter referred to as "workplace of private tutors visiting home, etc."). In such cases, limited to a person engaged in business of educational services provided directly to children and youth;
19. Special education support centers referred to in Article 11 of the Act on Special Education for Persons with Disabilities and institutions and organizations providing special education-related services under Article 28 of that Act;
20. Public facilities designated by the Minister of the Interior and Safety that are used by children and youth, among public facilities referred to in Article 161 of the Local Autonomy Act;
21. Educational institutions for children and youth, among educational institutions referred to in Article 32 of the Local Education Autonomy Act;
22. Centers for children’s foodservice management under Article 21 (1) of the Special Act on Safety Management of Children's Dietary Lifestyle;
23. Service-providing agencies referred to in Article 11 of the Child Care Support Act;
24. Healthy family support centers referred to in Article 35 of the Framework Act on Healthy Families;
25. Support centers for multicultural families referred to in Article 12 of the Multicultural Families Support Act.
(2) The period of restricted employment under paragraph (1) shall not exceed 10 years. <Added on Jan. 16, 2018>
(3) Where the court intends to issue an employment restriction order under paragraph (1), it may seek opinions on the recidivism risk of the person subject to restriction order of employment from neuropsychiatrists, psychologists, scholars of social welfare science, and other relevant experts. <Added on Jan. 16, 2018>
(4) The head of a local government, the superintendent of education or the head of a district office of education having jurisdiction over the establishment of, authorization for, or reporting on the establishment of child or youth-related institutions, etc. under the subparagraphs (excluding subparagraph 10) of paragraph (1) shall request the heads of the relevant agencies for an inquiry of sex offense history of a person who intends to run child or youth-related educational institutions, etc.; provided, if a person who intends to run child or youth-related institutions, etc. directly submits a written reply to a request for inquiry of sex offense history to the head of a local government, the superintendent of education or the head of a district office of education, it shall be deemed the inquiry of sex offense history has been conducted. <Amended on May 29, 2016; Jan. 16, 2018>
(5) The head of each child or youth-related institution, etc. shall verify the sex offense history of a person currently working for or providing de facto labor to the institution, or a person intending to be employed by or to provide de facto labor to the institution (hereinafter referred to as "employees, etc."), and in such cases, he or she shall request the heads of the relevant agencies to inquire into sex offense history after obtaining consent from the relevant person; provided, if employees, etc. directly submit a written reply to a request for inquiry of sex offense history to the heads of child or youth-related institutions, etc., it shall be deemed the inquiry of sex offense history has been conducted. <Amended on May 29, 2016; Jan. 16, 2018>
(6) The heads of the relevant agencies shall issue a written reply to a request for inquiry of sex offense history upon receipt of a request for inquiry into sex offense history under paragraphs (4) and (5). <Added on May 29, 2016; Jan. 16, 2018>
(7) Where the head of a child care support center referred to in paragraph (1) 7 or the Center for Children’s Foodservice Management referred to in paragraph (1) 22 makes an inquiry on the sex offense history of an employee, etc. under paragraph (5), and the employee, etc. actually provides labor to another child or youth-related institution, etc. in performing his or her duties, the head of such child or youth-related institution, etc., shall be deemed to have made an inquiry on the sex offense history, notwithstanding paragraph (5). <Added on Nov. 26, 2019; Apr. 11, 2023>
(8) Notwithstanding paragraph (5), the superintendent of education or the head of a district office of education may verify the sex offense history of an employee, etc. of any of the following child or youth-related institutions, etc. with the consent of the relevant person. In such cases, the head of the child or youth-related institution, etc. shall be deemed to have made an inquiry on the sex offense history: <Added on Apr. 11, 2023>
1. Kindergartens referred to in paragraph (1) 1;
2. Schools and entrusted educational institutions referred to in paragraph (1) 2;
3. Student counseling centers and entrusted educational facilities referred to in paragraph (1) 2-2;
4. Special education support centers and institutions and organizations providing special education-related services referred to in paragraph (1) 19;
5. Educational institutions for children or youth referred to in paragraph (1) 21.
(9) Matters necessary for procedures for and scope of making inquiries into sex offense history under paragraphs (4) through (6) and others shall be prescribed by Presidential Decree. <Amended on May 29, 2016; Jan. 16, 2018; Nov. 26, 2019; Apr. 11, 2023>
[Title Amended on Jan. 26, 2018]
[Paragraph (1) of this Article is amended by Act No. 15352, Jan. 16, 2018, for being found unconstitutional by the Constitutional Court based on its decisions such as 2013 Hun Ma 585, Mar. 31, 2016; 2015 Hun Ma 98, Apr. 28, 2016; 2015 Hun Ma 359, Jul. 28, 2016; 2015 Hun Ma 914, Jul. 28, 2016; and 2014 Hun Ma 709, Oct. 27, 2016.]