ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF SEXUAL CRIMES

Article 1(Purpose) #

The purpose of this Act is to ensure the safety of the life and body of those who have suffered sexual crimes and to contribute to the establishment of a healthy, orderly society by prescribing special cases concerning the punishment of sexual crimes and the procedures therefor.

Article 2(Definitions) #

(1) The term "sexual crime" used in this Act means any of the following: <Amended on Apr. 5, 2013; Dec. 20, 2016>

1. A crime falling under Article 242, 243, 244, or 245 of the Criminal Act among the crimes concerning sexual morals provided for in Chapter XXII of Part II of the same Act;

2. Intercourse, or sex trafficking and sexual exploitation, or a crime provided for in Article 289 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation); and a crime falling under Article 294 (limited to an attempt to commit a crime provided for in Article 288 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; or an attempt to commit a crime provided for in Article 289 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; an attempt to commit a crime provided for in Article 290 (1) caused by a crime under Article 288 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, or a crime under Article 289 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; or an attempt to commit a crime provided for in Article 291 (1) caused by a crime under Article 288 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, or a crime under Article 289 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; and an attempt to commit a crime of taking or concealing a victim, who has been kidnapped, abducted, or trafficked, for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, among attempts to commit a crime provided for in Article 292 (1));

3. A crime falling under Article 297, 297-2, 298, 299, 300, 301, 301-2, 302, 303, or 305 among the crimes concerning rape and infamous conduct prescribed in Chapter XXXII of Part II of the Criminal Act;

4. A crime falling under Article 339 or Article 342 (limited to a person who has attempted to commit a crime falling under Article 339) of the Criminal Act;

5. A crime falling under any of Articles 3 through 15 of this Act.

(2) Any crime referred to in paragraph (1), subject to any aggravated punishment under any other Act, shall be deemed a sexual crime.

Article 3(Special robbery and rape) #

(1) A person who commits a crime prescribed in Article 297, 297-2, 298, or 299 of the Criminal Act in the course of committing a crime under Article 319 (1), 330, 331, or 342 (limited to an attempt to commit a crime under Article 330 or 331) of the same Act shall be punished by imprisonment with labor for an indefinite term or for at least seven years. <Amended on May 19, 2020>

(2) A person who commits a crime prescribed in Article 297, 297-2, 298, or 299 of the Criminal Act in the course of committing a crime under Article 334 or 342 (limited to an attempt to commit a crime under Article 334) of the same Act shall be punished by death or by imprisonment with labor for an indefinite term or for at least 10 years.

[Simple unconstitutionality, 2021Heon-Ga9, February 23, 2023: The part 'a person who has committed a crime prescribed in Article 319 (1) of the Criminal Act commits a crime under Article 298 of that Act among the crimes specified in Articles 298 and 299 of that Act shall be punished by imprisonment labor for an indefinite term or for a term of at least seven years' in Article 3 (1) of the Act on Special Cases concerning the Punishment of Sexual Crimes (amended on May 19, 2020) violates the Constitution.]

Article 4(Aggravated rape) #

(1) A person who commits a crime prescribed in Article 297 of the Criminal Act, carrying any weapon or other dangerous object or jointly with any other persons, shall be punished by imprisonment with labor for an indefinite term or for at least seven years. <Amended on May 19, 2020>

(2) A person who commits a crime prescribed in Article 298 of the Criminal Act in the manner as prescribed by paragraph (1) shall be punished by imprisonment with labor for a limited term of at least five years. <Amended on May 19, 2020>

(3) A person who commits a crime prescribed in Article 299 of the Criminal Act in the manner prescribed by paragraph (1) shall be punished according to the provisions of paragraph (1) or (2).

Article 5(Rape through abuse of consanguineous or marital relationship) #

(1) A person who, through violence or intimidation, has sexual intercourse with another person in a consanguineous or marital relationship shall be punished by imprisonment with labor for a limited term of at least seven years.

(2) A person who, through violence or intimidation, commits an indecent act by compulsion on another person in a consanguineous or marital relationship shall be punished by imprisonment with labor for a limited term of at least five years.

(3) A person who commits a crime prescribed in Article 299 of the Criminal Act on another person in a consanguineous or marital relationship shall be punished according to the provisions of paragraph (1) or (2).

(4) The scope of persons in a consanguineous or marital relationship referred to in paragraphs (1) through (3) shall be limited to relatives by blood or marriage within the fourth degree or residing together.

(5) A consanguineous or marital relationship under paragraphs (1) through (3) shall include a de facto relationship.

Article 6(Rape of, or commission of indecent act by compulsion on, persons with disabilities) #

(1) A person who commits a crime prescribed in Article 297 of the Criminal Act on another person with a physical or mental disability shall be punished by imprisonment with labor for an indefinite term or for at least seven years.

(2) A person who, through violence or intimidation, commits any of the following acts on another person with a physical or mental disability shall be punished by imprisonment for a limited term of at least five years:

1. Inserting the genitals into the inner part of the body (excluding genitals), such as the mouth or anus;

2. Inserting a part of the body (excluding genitals), such as fingers, or implements into the genitals or anus.

(3) A person who commits a crime prescribed in Article 298 of the Criminal Act on another person with a physical or mental disabilities shall be punished by imprisonment with labor for a limited term of at least three years or by a fine of at least 30, but not more than 50 million won. <Amended on May 19, 2020>

(4) A person who has sexual intercourse with or commits an indecent act on another person by taking advantage of the latter's condition of inability to resist or difficulty in resisting due to physical or mental disability shall be punished according to the provisions of paragraphs (1) through (3).

(5) A person who, through fraudulent means or by a threat of force, has sexual intercourse with another person with a physical or mental disability shall be punished by imprisonment for a limited term of at least five years.

(6) A person who, through fraudulent means or by a threat of force, commits an indecent act on another person with a physical or mental disability shall be punished by imprisonment with labor for a limited term of at least one year or by a fine of at least 10, but not more than 30 million won.

(7) If the head or a staff member of a facility for the protection, education, etc. of persons with disabilities commits any of the crimes listed in paragraphs (1) through (6) on a disabled person who is under his or her protection or supervision, the penalty shall be raised by up to 1/2 of the prescribed one.

Article 7(Rape of, or commission of indecent acts by compulsion on, minors under age of 13) #

(1) A person who commits a crime prescribed in Article 297 of the Criminal Act on a minor under the age of 13 shall be punished by imprisonment with labor for an indefinite term or for at least 10 years.

(2) A person who, through violence or intimidation, commits any of the following acts on a minor under the age of 13 shall be punished by imprisonment with labor for a limited term of at least seven years:

1. Inserting the genitals into the inner part of the body (excluding genitals), such as the mouth or anus;

2. Inserting a part of the body (excluding genitals), such as fingers, or implements into the genitals or anus.

(3) A person who commits a crime prescribed in Article 298 of the Criminal Act on a minor under the age of 13 shall be punished by imprisonment with labor for a limited term of at least five years. <Amended on May 19, 2020>

(4) A person who commits a crime prescribed in Article 299 of the Criminal Act on a minor under the age of 13 shall be punished according to the provisions of paragraphs (1) through (3).

(5) A person who, through fraudulent means or by a threat of force, has sexual intercourse with or commits an indecent act on a minor under the age of 13 shall be punished according to the provisions of paragraphs (1) through (3).

Article 8(Bodily injury associated with, or resulting from, rape) #

(1) A person who inflicts a bodily injury on another person in the course of committing a crime prescribed in Article 3 (1), 4, 6, 7, or 15 (limited to an attempt to commit a crime under Article 3 (1), 4, 6, or 7), or leads to a bodily injury on another person by committing such crime, shall be punished by imprisonment with labor for an indefinite term or for at least 10 years.

(2) A person who inflicts a bodily injury on another person in the course of committing a crime prescribed in Article 5 or 15 (limited to an attempt to commit a crime under Article 5), or leads to a bodily injury on another person by committing such crime, shall be punished by imprisonment with labor for an indefinite term or for at least seven years.

Article 9(Murder associated with rape, or rape resulting in death) #

(1) A person who murders another person in the course of committing a crime prescribed in any of Articles 3 through 7 and 15 (limited to an attempt to commit a crime under any of Articles 3 through 7) of this Act or a crime prescribed in any of Articles 297, 297-2, and 298 through 300 of the Criminal Act shall be punished by death or imprisonment with labor for an indefinite term.

(2) A person who commits a crime prescribed in Article 4, 5, or 15 (limited to an attempt to commit a crime under Article 4 or 5), thereby causing the death of another person, shall be punished by imprisonment with labor for an indefinite term or for at least 10 years.

(3) A person who commits a crime prescribed in Article 6, 7, or 15 (limited to an attempt to commit a crime under Article 6 or 7), thereby causing the death of another person, shall be punished by death or by imprisonment with labor for an indefinite term or for at least 10 years.

Article 10(Indecent acts through abuse of occupational authority) #

(1) A person who, through fraudulent means or by a threat of force, commits an indecent act on another person who is under his or her guardianship or supervision by reason of his or her business, employment, or other relationship shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 15 million won. <Amended on Oct. 16, 2018>

(2) A person supervising a detained person according to the provisions of any Act commits an indecent act on such detained person shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 20 million won. <Amended on Oct. 16, 2018>

Article 11(Indecent acts in crowded public places) #

A person who commits an indecent act on another person in any public transportation vehicle, place of public performance or assembly, or other crowded public place shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won. <Amended on May 19, 2020>

Article 12(Intrusion upon publicly used places with intent to satisfy sexual urges) #

A person who intrudes upon any publicly used place used by many and unspecified people including a toilette, public bath, bathroom, sweating room, breast-feeding facilities, and dressing room, or who refuses to leave such a place upon demand, with intent to satisfy his or her own sexual urges, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Amended on Dec. 12, 2017; May 19, 2020>

[Title Amended on Dec. 12, 2017]

Article 13(Obscene acts by using means of communication) #

A person who sends another person any words, sounds, writings, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his or her own or the other person's sexual urges, shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended on May 19, 2020>

Article 14(Taking photographs or videos by using cameras) #

(1) A person who takes photographs or videos of another person's body, which may cause any sexual desire or shame against the will of the person who was shot, by using a camera or other mechanism which has functions similar thereto, shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 50 million won. <Amended on Dec. 18, 2018; May 19, 2020>

(2) A person who distributes, sells, leases, provides, or openly exhibits or shows (hereinafter referred to as "distribution, etc.") a photograph taken under paragraph (1) or its duplicate (including a duplicate of its duplicate; hereafter in this paragraph, the same shall apply) or a person who makes the distribution, etc. of a photograph or video taken under paragraph (1) or its duplicate against the will of the person shot after the photograph or video taken under paragraph (1) was not against the will of the person shot (including a person who takes his or her body himself or herself) as at the time such photograph or video was taken, shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 50 million won. <Amended on Dec. 18, 2018; May 19, 2020>

(3) For the purpose of making profits by using an information and communications network (hereinafter referred to as "information and communications network") referred to in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, a person who commits a crime under paragraph (2) against the will of a person shot, shall be punished by imprisonment with labor for a limited term of at least three years. <Amended on Dec. 18, 2018; May 19, 2020>

(4) A person who possesses, purchases, saves or watches the photograph or its duplicates referred to in paragraph (1) or (2) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Added on on May 19, 2020>

(5) A person who habitually commits any of the crimes provided for in paragraph (1) through (3) shall be aggravatingly punished by up to 1/2 of the punishment for each crime. <Added on May 19, 2020>

Article 14-2(Distribution of false video products) #

(1) A person who edits, synthesizes, or processes photograph, video, or audio (hereafter referred to as "photograph, etc." in this Article) targeting the face, body or voice of a person in a form that may cause sexual desire or shame against the will of the person who is subject to video, etc. (hereafter referred to as "editing, etc." in this Article), shall be punished by imprisonment with labor for not more than 7 years or a fine of not more than 50 million won. <Amended on Oct. 16, 2024>

(2) A person who has made a distribution, etc. a compilation, composite, or processed product (hereafter referred to as "compilation, etc." in this Article) or a duplicate (including a duplicate of its duplicate; hereinafter the same applies in this Article) under paragraph (1), or a person who has made a distribution of compilation, etc. or a duplicate, even if it was not against the will of the person subject to the photographs, etc. at the time of editing, etc. under paragraph (1) but it was subsequently against the will of the subject to the photographs, etc., shall be punished by imprisonment with labor for not more than 7 years or by a fine not exceeding 50 million won. <Amended on Oct. 16, 2024>

(3) A person who commits a crime under paragraph (2) by means of information and communications networks against the will of the person subject to video works, etc. for the purpose of making profits shall be punished by imprisonment with labor for a limited term of not less than 3 years. <Amended on Oct. 16, 2024>

(4) A person who possesses, purchases, saves, or watches a compilation, etc. or its duplicates referred to in paragraph (1) or (2) shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won. <Added on on Oct. 16, 2024>

(5) A person who habitually commits any of the crimes provided for in paragraph (1) through (3) shall be aggravatingly punished by up to 1/2 of the punishment for each crime. <Added on May 19, 2020; Oct. 16, 2024>

[This Article Added on Mar. 24, 2020]

Article 14-3(Intimidation or Compulsion by Using Photograph and Compilation) #

(1) A person who intimidates another person by using photograph or its duplicates (including a duplicate of the duplicate) and a compilation or its duplicate under Article 14-2 (2) (including a duplicate of the duplicate) which may cause sexual desire or shame shall be punished by imprisonment with labor for a limited term of not less than 1 year. <Amended on Oct. 16, 2024>

(2) Any person who interferes with the exercise of a person's right by intimidation under paragraph (1) or has the person do the work not obligatory for him or her shall be punished by imprisonment with labor for a limited term of at least three years.

(3) A person who habitually commits a crime specified in paragraph (1) or (2) shall be punished by aggravating the punishment for such crime by up to 1/2 of the pending punishment thereon.

[This Article Added on May 19, 2020]

[Title Amended on Oct. 16, 2024]

Article 15(Attempted crime) #

Any person who attempts to commit any crime referred to in Articles 3 through 9, 14, 14-2, and 14-3 shall be punished.

[This Article Wholly Amended on May 19, 2020]

Article 15-2(Preparation and conspiracy) #

A person who makes preparations or conspires with intent to commit the crimes under Article 3 through 7, shall be punished by imprisonment with labor for not more than three years.

[This Article Added on May 19, 2020]

Article 15-3(Confiscation and collection) #

(1) Property generated by criminal acts constituting the crimes under Articles 14 through 14-3 or property obtained as renumeration for such criminal acts (hereafter referred to as "criminal proceeds" in this paragraph) and property derived from criminal proceeds shall be confiscated, and if it is impossible to confiscate the property, the value thereof shall be collected.

(2) Articles 8 through 10, 10-3, 10-4, 11, and 12 of the Act on Regulation and Punishment of Criminal Proceeds Concealment shall apply mutatis mutandis to confiscation and collection under paragraph (1).

[This Article Added on Dec. 20, 2024]

Article 16(Concurrent imposition of punishment and order to attend course) #

(1) If a court pronounces a suspended sentence on a sex offender, it may order him or her to be subject to probation for one year; provided, when it pronounces a suspended sentence on a sex offender who is a juvenile provided for in Article 2 of the Juvenile Act, the probation shall be ordered against him or her without exception.

(2) If a court declares a sex offender guilty (excluding a suspended sentence) or notifies a summary order, it shall order him or her to attend a course or complete a sex offender treatment program (hereinafter referred to as "order to complete a program") for not more than 500 hours, concurrently with such sentence, as may be necessary to prevent a recurrence of the offense; provided, the same shall not apply where the sex offender has any special circumstances that make it impossible to impose such order to attend a course or order to complete a program. <Amended on Dec. 20, 2016>

(3) If a court pronounces a stay of execution of sentence on a sex offender, it shall order him or her to attend a course under paragraph (2) for a certain period not exceeding the period of such stay, concurrently with such pronouncement, and if a court pronounces a fine or heavier punishment on a sex offender or notifies a summary order to him or her, it shall impose an order to complete a program on him or her concurrently with such punishment; provided, such order to complete a program may not be imposed concurrently on any sex offender subject to an order to complete a program under Article 9-2 (1) 4 of the Act on Electronic Monitoring. <Amended on Dec. 20, 2016; Feb. 4, 2020>

(4) If a court pronounces a stay of execution of sentence on a sex offender, it may impose on him or her probation or/and community service for a certain period not exceeding the period of such stay, concurrently with an order to attend a course under paragraph (2).

(5) An order to attend a course or order to complete a program prescribed in paragraph (2) shall be executed within the period during which the execution of a sentence is stayed if a court pronounces a stay of execution of sentence, within six months from the date on which a sentence becomes final and conclusive if a court pronounces punishment of a fine or notifies a summary order, and within the term of punishment if a court pronounces a sentence of imprisonment with labor or any heavier punishment, respectively; provided, such order to attend a course or order to complete a program may not be imposed concurrently on any sex offender subject to an order to attend a course or order to complete a program under Article 21 of the Act on Protection of Children and Youth against Sex Offenses. <Amended on Dec. 20, 2016>

Article 17(Investigations before ruling) #

(1) If deemed necessary to impose on an accused sex offender a term of probation, community service, an order to attend a course, or an order to complete a program under Article 16, a court may require the director of the probation office having jurisdiction over the seat of the court or the place of residence of the accused to investigate the accused's physical and mental traits and state, psychosexual development, childhood and family background, occupation, living conditions, associates, motive for the crime, medical history, relationship with the victim, danger of repetition of the crime, and other relevant matters.

(2) The director of a probation office who has been requested to carry out an investigation under paragraph (1) shall, without delay, carry out the investigation and give written notice of the results to the competent court. In such cases, if deemed necessary, the director may summon and interrogate the accused or other relevant persons or direct a probation officer under his or her control to investigate necessary matters.

(3) The court may require the director of a probation office who has been requested to carry out an investigation under paragraph (1) to report the progress of the investigation.

Article 18(Exception to Limitation of Criminal Complaints) #

With respect to any sexual crime, a complaint may be lodged against one's own or spouse's lineal ascendant, notwithstanding Article 224 of the Criminal Procedure Act and Article 266 of the Military Court Act. <Amended on Apr. 5, 2013>

Article 19 #

Deleted. <Apr. 5, 2013>

Article 20(Special cases concerning provisions of the Criminal Act concerning reduction of sentence) #

If a sexual crime (excluding a crime as defined in Article 2 (1) 1) is committed in the state of mental disorder due to alcohol or drugs, it may be excluded from the application of Articles 10 (1) and (2) and 11 of the Criminal Act.

Article 21(Special cases concerning prescription of public prosecution) #

(1) The prescription of public prosecution against a sexual crime committed on a minor shall commence from the date the minor who has suffered the sexual crime reaches his or her majority, notwithstanding Article 252 (1) of the Criminal Procedure Act and Article 294 (1) of the Military Court Act. <Amended on Apr. 5, 2013>

(2) The prescription of public prosecution against any crime under subparagraphs 3 and 4 of Article 2 and Articles 3 through 9 shall be extended by 10 years if any scientific evidence of such crime, such as DNA, exists.

(3) If any crime listed below is committed on a minor under the age of 13 or a person with a physical or mental disability, the prescription of public prosecution set forth in Articles 249 through 253 of the Criminal Procedure Act and Articles 291 through 295 of the Military Court Act shall not apply, notwithstanding paragraphs (1) and (2): <Amended on Aug. 20, 2019; May 19, 2020>

1. An offense prescribed in Article 297, 298, 299, 301, or 301-2 of the Criminal Act;

2. A crime falling under Article 6 (2), 7 (2) and (5), 8, or 9 of this Act;

3. A crime falling under Article 9 or 10 of the Act on the Protection of Children and Youth against Sex Offenses.

(4) If any crime listed below is committed, the prescription of public prosecution set forth in Articles 249 through 253 of the Criminal Procedure Act and Articles 291 through 295 of the Military Court Act shall not apply, notwithstanding paragraphs (1) and (2): <Amended on Apr. 5, 2013>

1. A crime falling under Article 301-2 of the Criminal Act (limited to murder after rape, etc.);

2. A crime falling under Article 9 (1) of this Act;

3. A crime falling under Article 10 (1) of the Act on the Protection of Children and Youth against Sex Offenses;

4. A crime falling under Article 92-8 of the Military Criminal Act (limited to murder after rape, etc.).

Article 22(Application mutatis mutandis of the Act on Special Cases concerning the Punishment of Specific Violent Crimes) #

Articles 7, 8, 9, 12, and 13 of the Act on Special Cases concerning the Punishment of Specific Violent Crimes shall apply mutatis mutandis to the procedures for punishment of sexual crimes.

Article 22-2(Special cases concerning investigation of digital sex crimes) #

(1) A judicial police officer may, with respect to a crime under Articles 14 through 14-3 (hereinafter referred to as "digital sex crime"), conceal his or her identity and access to the crime scene (including information and communication networks) or a person suspected of committing the crime to collect evidence, materials, etc. of the criminal act (hereinafter referred to as "identity-concealed investigation").

(2) A judicial police officer may engage in the following acts (hereinafter referred to as "undercover investigation") when it is unavoidable for achieving the purpose of the investigation, limited to cases where there are sufficient reasons to suspect that a digital sex crime is being planned, committed, or has been committed, and it is difficult to prevent the commission of the crime, arrest the offender, or collect evidence in other ways:

1. Preparation, alteration, or exercise of documents, drawings, electronic records, etc. to disguise their identity;

2. Contracts and transactions using a false identity;

3. Possession, provision, sale, or advertisement of the following photographs or videos or their duplicates; provided, the provision or sale shall be limited to cases where there is no victim or where the victim is an adult and has given his or her consent:

(a) Photographs or videos or their duplicates (including a duplicate of its duplicate) under Article 14;

(b) Compilations, composites, processed products, or their duplicates (including duplicates of duplicates) under Article 14-2;

(c) Child or youth sexual exploitation materials under subparagraph 5 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses;

(d) Information under Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection.

(3) Matters necessary for the methods, etc. of investigation under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Added on Dec. 3, 2024]

Article 22-3(Procedures for special cases concerning investigation of digital sex crimes) #

(1) Where a judicial police officer intends to conduct an identity-concealed investigation, he or she shall obtain prior approval from the head of the investigation division of the higher-level police office. In such cases, the investigation period shall not exceed three months.

(2) Matters necessary for the procedures, methods, etc. of approval under paragraph (1) shall be prescribed by Presidential Decree.

(3) Where a judicial police officer intends to conduct an undercover investigation, they shall apply to the prosecutor for permission to conduct an undercover investigation, and the prosecutor shall request to the court for the permission.

(4) The application under paragraph (3) shall be filed in writing, stating the grounds for application, including the type, purpose, target, scope, period, place, and method of the necessary undercover investigation, and the grounds for satisfying the requirements under Article 22-2 (2), along with explanatory materials on the grounds for application.

(5) Where the court deems that the application under paragraph (3) is well-grounded, it shall permit the undercover investigation and issue a document certifying such fact (hereinafter referred to as "permit") to the applicant.

(6) The permit shall specify the type, purpose, target, scope, period, place, method, etc. of the undercover investigation.

(7) The period of an undercover investigation shall not exceed three months, and shall be terminated immediately if the purpose of the investigation is attained during the investigation period.

(8) Notwithstanding paragraph (7), where it is necessary to extend the investigation period because the requirements under Article 22-2 (2) continue to exist, the judicial police officer shall apply to the prosecutor for the extension of the investigation period by up to three months, along with explanatory materials, and the public prosecutor shall request the court for the extension of the period. In this case, the total period of the undercover investigation shall not exceed one year.

[This Article Added on Dec. 3, 2024]

Article 22-4(Urgent identity-concealed investigation of digital sex crime) #

(1) A judicial police officer may conduct an identity-concealed investigation of a digital sex crime without the approval of the head of the investigation division of the higher-level police agency when there is an urgent need that makes it impossible to go through the procedures under Article 22-3 (1) and (2).

(2) The judicial police officer shall report to the head of the investigation division of the higher-level police office without delay after initiating the identity-concealed investigation under paragraph (1), and if the judicial police officer fails to receive the approval of the head of the investigation division of the higher-level police office within 48 hours, the judicial police officer shall immediately stop the identity-concealed investigation.

(3) The latter part of Article 22-3 (1) shall apply mutatis mutandis to the period of an identity-concealed investigation under paragraphs (1) and (2).

[This Article Added on Dec. 3, 2024]

Article 22-5(Urgent undercover investigation of digital sex crime) #

(1) A judicial police officer may conduct an undercover investigation without the permission of the court when the requirements of Article 22-2 (2) are met and there is an urgent need that makes it impossible to go through the procedures under Article 22-3 (3) through (8).

(2) A judicial police officer shall apply to the prosecutor for permission without delay after initiating an undercover investigation under paragraph (1), and if the court's permission is not obtained within 48 hours, the judicial police officer shall immediately stop the undercover investigation.

(3) Article 22-3 (7) and (8) shall apply mutatis mutandis to the period of an undercover investigation under paragraphs (1) and (2).

[This Article Added on Dec. 3, 2024]

Article 22-6(Restriction on use of evidence and materials collected by identity-concealed investigation or undercover investigation of digital sex crime) #

No evidence, materials, etc. collected by a judicial police officer under Articles 22-2 through 22-5 shall be used except in any of the following cases:

1. Where they are used to investigate or prosecute a digital sexual crime that is the object of an identity-concealed investigation or undercover investigation or a crime related thereto, or to prevent such crime;

2. Where they are used in disciplinary proceedings due to a digital sex crime that is the object of an identity-concealed investigation or undercover investigation or a crime related thereto;

3. Where they are used in a lawsuit for damages brought by the subject of the evidence and data collection;

4. Where they are used under the provisions of other Acts.

[This Article Added on Dec. 3, 2024]

Article 22-7(Control by Korean National Police Commission and National Assembly) #

(1) The Vice Commissioner General for Investigation under Article 16 (1) of the Act on the Organization and Operation of the National Police and Autonomous Police (hereinafter referred to as the "Vice Commissioner General for Investigation") shall report on the investigation-related materials to the Korean National Police Commission under Article 7 (1) of that Act as prescribed by Presidential Decree as soon as the identity-concealed investigation is completed.

(2) The Vice Commissioner General for Investigation shall report semi-annually on materials related to concealed identity investigations to the competent Standing Committee of the National Assembly as prescribed by Presidential Decree.

[This Article Added on Dec. 3, 2024]

Article 22-8(Duty of confidentiality) #

(1) A public official who has been involved in the approval, execution, reporting, preparation of various documents, etc. of an identity-concealed investigation or undercover investigation under Articles 22-2 through 22-5 or a person who served in such position shall not disclose or divulge any information about the identity-concealed investigation or undercover investigation that he or she has learned in the course of his or her duties.

(2) Matters necessary for maintaining confidentiality under paragraph (1) shall be prescribed by Presidential Decree.

[This Article Added on Dec. 3, 2024]

Article 22-9(Matters to be observed) #

Judicial police officers shall follow lawful procedures and methods, such as complying with investigation-related statutes and regulations and not conducting any act that provokes criminal intent to a person who has no original intention to commit a crime, when conducting an identity-concealed investigation or undercover investigation under Articles 22-2 through 22-5.

[This Article Added on Dec. 3, 2024]

Article 22-10(Exemption from Liability) #

(1) If a judicial police officer commits an illegal act in the course of an identity-concealed investigation or undercover investigation for any unavoidable cause, he or she shall not be punished if there is no intent or gross negligence on his or her part.

(2) Even if the illegal act under paragraph (1) constitutes the grounds for disciplinary action under Article 78 (1) of the State Public Officials Act, the person shall not be held liable for a request for disciplinary action or reprimand if there is no intent or gross negligence on his or her part.

(3) A judicial police officer shall not be liable for any damage incurred by an identity-concealed investigation or undercover investigation if there is no intent or gross negligence on his or her part.

[This Article Added on Dec. 3, 2024]

Article 22-11(Investigative assistance and training) #

Upon approval of, or receipt of a report on, an identity-concealed investigation or undercover investigation, the head of the investigation division of the higher-level police office shall provide judicial police officers with personnel and logistical support necessary for the investigation and furnish them with professional knowledge and training on investigative methods and procedures for the protection of victims.

[This Article Added on Dec. 3, 2024]

Article 23(Measures to protect victims and informants) #

Where a court or an investigative agency examines or investigates a victim of a sexual crime or a person who has reported (including a complaint or accusation) a sexual crime, as a witness, Articles 5 and 7 through 13 of the Act on Protection of Specific Crime Informants shall apply mutatis mutandis. In such cases, the said Articles shall apply regardless of the likelihood of retaliation except in cases of falling under Articles 9 and 13 of the Act on Protection of Specific Crime Informants.

Article 23-2(Measures for preventing spread of harm from digital sex crimes and for protecting victims) #

(1) Where a judicial police officer, upon receipt of a report of a digital sex crime, finds that photographs or videos or their duplicates falling under any of the following subparagraphs (hereinafter referred to in this paragraph as "recording, etc.") are being posted, screened, or circulated through an information and communications network, he or she shall, without delay, request the Korea Media and Communications Commission under Article 18 of the Act on the Establishment and Operation of the Act on the Establishment and Operation of Korea Media and Communications Commission, the providers of information and communications services under Article 2 (1) 3 of the Act on the Promotion of Information and Communication Network Utilization and Information Protection, or the management and operator of the bulletin board under subparagraph 9 of that Article, to take measures such as deleting or blocking access to the recording, etc. In this case, the judicial police officer shall inform the victim about the procedures for deleting or blocking access to the recording, etc. unless there are special circumstances. <Amended on Oct. 1, 2025>

1. Photographs or videos or their duplicates (including duplicates of duplicates) under Article 14;

2. Compilations, composites, processed products, or duplicates (including duplicates of duplicates) under Article 14-2.

(2) Where a judicial police officer recognizes that a victim of a digital sex crime is at significant risk of being victimized again and it is necessary to protect the victim's personal safety, the officer may transfer the victim to a protection facility or counseling facility prescribed by Presidential Decree. In this case, the consent of the victim shall be obtained.

[This Article Added on Dec. 20, 2024]

Article 24(Prohibition against divulgence of victims' identity and privacy) #

(1) No public official in charge of or participating in an investigation into or judgment on a sexual crime, nor any person who has served as such public official, shall disclose or divulge to any third party the victim's name, address, age, occupation, alma mater, appearance, and other personal information by which it is possible to ascertain the victim's identity, photograph, and privacy.

(2) No one shall publish in any newspaper or other printed paper, or disclose to the public by means of any broadcasting defined in subparagraph 1 of Article 2 of the Broadcasting Act or any information and communications network, the victim's name, address, age, occupation, alma mater, appearance, or other personal information by which it is possible to ascertain the victim's identity, or photograph under paragraph (1), without the victim's consent.

Article 25 #

Deleted. <Oct. 24, 2023>

Article 26(Exclusive investigation with respect to victims of sexual crimes) #

(1) The Prosecutor General of the Public Prosecutors' Office shall have the chief public prosecutor of each district public prosecutors' office designate public prosecutors in exclusive charge of sexual crimes to investigate the victims of such crimes except in exceptional circumstances.

(2) The Commissioner General of the National Police Agency shall have the chief of each police station designate judicial police officers in exclusive charge of sexual crimes to investigate the victims of such crimes except in exceptional circumstances.

(3) The State shall provide a public prosecutor under paragraph (1) and a judicial police officer in paragraph (2) with education on professional knowledge necessary to investigate sexual crimes, investigative methods and procedures for the protection of victims, child psychology, investigative interview techniques for children and persons with disabilities, and other matters. <Amended on Jul. 11, 2023>

(4) When a public prosecutor under paragraph (1) and a judicial police officer in paragraph (2) in exclusive charge of sexual crimes investigate a victim under the age of 19 or a victim who lacks the ability to discern things or to make a decision due to any physical or mental disability (hereinafter referred to as "victim under the age of 19, etc."), he or she shall fully consider the age, cognitive development stage, mental state, degree of a disability, etc. of the victim. <Added on Jul. 11, 2023>

Article 27(Special cases concerning appointment of counsel for victims of sexual crimes) #

(1) The victim of a sexual crime and his or her legal representative (hereinafter referred to as "victim, etc.") may appoint counsel to defend them against any damage that they may suffer in criminal proceedings and to provide them with legal assistance.

(2) The counsel referred to in paragraph (1) may participate in the investigation of the victim, etc. by a public prosecutor or a judicial police officer to state his or her views; provided, when the investigation is under way, the counsel may state his or her views subject to approval by the public prosecutor or judicial police officer.

(3) The counsel referred to in paragraph (1) may appear before the court to state his or her views at any stage of the examination of the suspect before detention, procedures for preserving evidence, preparatory hearing date, and trial proceedings. In such cases, detailed matters regarding necessary procedures shall be prescribed by the Supreme Court Regulations.

(4) The counsel referred to in paragraph (1) may inspect or copy any related document or evidence for his or her case in which evidence is preserved or which is pending in the court.

(5) The counsel referred to in paragraph (1) shall have the comprehensive power to act on behalf of the victim, etc. in all procedural acts for which representation is permissible in criminal proceedings.

(6) If the victim has no counsel, the public prosecutor may appoint a public defender to protect the victim's rights and interests in criminal proceedings; provided, if a victim under the age of 19, etc. has no counsel, a public defender shall be appointed. <Amended on Jul. 11, 2023>

Article 28(Trial divisions in exclusive charge of sexual crimes) #

The president of a district court or of a higher court shall designate a trial division in exclusive charge of sexual crimes to render judgment on such crimes except in exceptional circumstances.

Article 29(Matters to be considered during investigation and court proceedings) #

(1) An investigative agency, a court, and other persons involved in litigation shall endeavor not to damage the character or honor of the victim of a sexual crime or infringe on the privacy of such victim in the course of his or her investigation, hearing, and trial by giving careful consideration to the age, mental state, aftermath of the injury, etc. of the victim.

(2) An investigative agency and a court shall, in investigating, hearing, or trying the victim of a sexual crime, prepare an environment in which the victim may make a statement in a relaxed state, and the frequency of the investigations, hearings, and trials shall be limited to the minimum necessary.

(3) An investigative agency and a court shall endeavor to take the following protective measures in the course of an investigation, hearing, and trial in consideration of the best interests of a victim under the age of 19, etc.: <Added on Jul. 11, 2023>

1. It shall ensure that the procedures for hearing the statement of a victim under the age of 19, etc. are not delayed without good reason;

2. It shall investigate a victim under the age of 19, etc. and examine a witness in a place designed friendly to children, etc. for the statement of the victim under the age of 19, etc.;

3. It shall ensure that a victim under the age of 19, etc. does not contact or encounter a suspect or the accused;

4. It shall give a victim under the age of 19, etc. a clear and sufficient explanation of the process of an investigation, hearing, and trial;

5. It shall protect and support a victim under the age of 19, etc. and take other necessary measures in the course of an investigation, hearing, and trial.

Article 30(Video recording of statements by victims under age of 19 and retainment of videos) #

(1) A public prosecutor or a judicial police officer shall record statements made by a victim under the age of 19, etc. and the process of an investigation using a video recording device (referring to those with sound recordings; hereinafter referred to as "video recording") and shall retain the relevant video recordings.

(2) Before investigating a victim under the age of 19, etc., a public prosecutor or a judicial police office shall explain the following to the victim by using proper methods in consideration of his or her age, cognitive development state, mental state, degree of a disability, etc.:

1. The fact that a video recording of the investigation process is made;

2. The fact that video recordings made through video recording may be used as evidence.

(3) Notwithstanding paragraph (1), where a victim under the age of 19, etc. or his or her legal representative (excluding where the legal representative is an offender or the spouse of the offender) express the intention of excluding a video recording, no video recording shall be made.

(4) When a public prosecutor or a judicial police officer completes a video recording prescribed in paragraph (1), he or she shall, without delay, seal the relevant recordings in the presence of a victim or a counsel and shall have the victim affix his or her name and seal or sign thereon.

(5) A public prosecutor or a judicial police officer shall enter the progress of the video recording process prescribed in paragraph (1) in a report (including a separate document; hereinafter the same shall apply) and shall file such report into the investigation records.

(6) When the progress of the video recording process is entered in a report under paragraph (5), the following matters shall be specified:

1. The time when a victim arrives at the place of the video recording;

2. The time when the video recording starts and ends;

3. Other matters necessary to check the progress of the video recording process.

(7) Upon request by a victim under the age of 19, etc. or his or her legal representative, a public prosecutor or a judicial police officer shall issue the requesting person a copy of the report prepared in the course of a video recording or a copy of the transcript containing the content of video recordings or shall replay the video recordings to allow him or her to watch them.

Article 30-2(Special cases concerning admissibility of evidence) #

(1) A video recording under Article 30 (1) that is obtained under the procedures using the methods under the paragraphs (4) through (6) of that Article and that contains the statements made by a victim under the age of 19, etc. may be used as evidence in any of the following cases:

1. Where the suspect, the accused, or the counsel could examine the victim with regard to the content of the video recording on the date of evidence preservation, the date of trial preparation, or the date of a trial; provided, in the case of an examination on the date of evidence preservation, this shall apply only where the court deems that a sufficient cross examination of the victim is conducted with the right to defense guaranteed to the suspect or victim;

2. Where a victim under the age of 19, etc. is unable to appear before the court on the date of trial preparation or the date of a trial and to make a statement due to any of the following reasons; provided, this shall apply only where a video-recorded statement or video recording is made under a particularly reliable circumstance:

(a) Death;

(b) Overseas residence;

(c) Physical or mental diseases or disabilities;

(d) Unknown whereabouts;

(e) Any other reason equivalent to those prescribed in items (a) through (d).

(2) When deciding whether a video recording with admissibility of evidence is used as evidence of a conviction under paragraph (1) 2, a court shall consider the relationship with the accused, the details of a crime, the age and mental and physical state of a victim, the psychological trauma that a victim may suffer due to statements, the details of the statements made by a victim under the age of 19, etc. that are included in the video recording, the attitude taken when the victim makes the statements, and other matters. In such cases, the court shall hear the opinion of a professional examiner or a professional prescribed in Article 33.

[This Article Added on Jul. 11, 2023]

Article 31(Non-disclosure of trials) #

(1) A court may decide not to disclose a trial on a sexual crime to the public to protect the privacy of the victim.

(2) The victim of a sexual crime or his or her family member, who is summoned as a witness, may request that the witness examination should not be disclosed to the public, on the ground of protection, etc. of his or her own privacy.

(3) Upon receipt of a request under paragraph (2), the presiding judge may decide the methods and place for the witness examination, including whether to accept the request, whether to disclose the witness examination to the public, and whether to conduct the witness examination at a place other than the court.

(4) Article 57 (2) and (3) of the Court Organization Act and Article 67 (2) and (3) of the Military Court Act shall apply mutatis mutandis to cases falling under paragraphs (1) and (3). <Amended on Apr. 5, 2013>

Article 32(Establishment and operation of witness assistance facilities) #

(1) Each level of court shall have appropriate facilities for protecting and assisting victims, etc. so as to keep any victim, etc. appearing in court as a witness from encountering the accused or his or her family before or after trial.

(2) Each level of court shall have employees who will take charge of the management and operation of the facilities mentioned in paragraph (1) and the protection of and provision of assistance to victims, etc. (hereinafter referred to as "witness assistance officers").

(3) Each court shall provide, on a regular basis, education necessary to raise the level of witness assistance officers' sensitivity to human rights.

(4) Matters necessary for the duties, qualifications, education, etc. of witness assistance officers shall be prescribed by the Supreme Court Regulations.

Article 33(Seeking professional opinions) #

(1) A court may seek opinions from a psychiatrist, psychologist, social welfare scholar, and other related professionals about the mental and psychological state of any offender or victim, the outcome of their diagnosis, and the details stated by the victim.

(2) In investigating and trying a sexual crime case, a court shall take into account the professional opinions obtained pursuant to paragraph (1).

(3) A court shall select the professionals referred to in paragraph (1) from among those designated as candidates by the Minister of the National Court Administration.

(4) Paragraphs (1) through (3) shall apply mutatis mutandis where an investigative agency investigates any sexual crime; provided, when a victim is under the age of 13 or lacks the ability to discern things or make decisions due to any physical or mental disability, the investigative agency shall seek opinions from related professionals about the mental and psychological state of the victim, the outcome of their diagnosis, and the details stated by the victim.

(5) In applying mutatis mutandis in accordance with paragraph (4), the "Minister of the National Court Administration" shall be construed as the "Prosecutor General of the Public Prosecutors' Office or the Commissioner General of the National Police Agency."

Article 34(Appearance of persons in relationship of trust) #

(1) Where a court examines any of the following victims, it shall, upon request by the public prosecutor or the victim or his or her legal representative, allow the appearance of a person in a relationship of trust with the victim, except where his or her appearance may pose difficulties to the trial or otherwise there exist any unavoidable circumstances: <Amended on Jul. 11, 2023>

1. A victim of a crime under Articles 3 through 8, 10, 14, 14-2, 14-3, 15 (excluding an attempt to commit a crime under Article 9), and 15-2;

2. A victim under the age of 19, etc.

(2) Paragraph (1) shall apply mutatis mutandis where an investigative agency investigates a victim referred to in the subparagraphs of the same paragraph. <Amended on Jul. 11, 2023>

(3) In cases falling under paragraphs (1) and (2), neither the court nor the investigative agency shall allow the appearance of a person in a relationship of trust with the victim if it is unfavorable to the victim or is not desired by the victim.

Article 35(Training of intermediaries) #

(1) The Minister of Justice shall train intermediaries to assist victims of sexual crimes having difficulty in understanding and communication in criminal judicial proceedings.

(2) An intermediary shall be a person who completes a course of education determined by the Minister of Justice among those who have expertise in a field related to the psychology of or communication with children and persons with disabilities, such as psychiatry, psychology, the science of social welfare, or education, or who have served in such field for a considerable period. Matters necessary for the qualifications, training, etc. of intermediaries shall be prescribed by Decree of the Ministry of Justice. <Amended on Oct. 20, 2020>

(3) The Minister of Justice shall make a list of intermediaries trained pursuant to paragraph (1).

Article 35-2(Grounds for disqualification of intermediaries) #

None of the following persons shall become an intermediary:

1. A person under adult guardianship;

2. A person for whom five years have not elapsed since his or her imprisonment without labor or heavier punishment as declared by the court was completely executed or exempted (including where the sentence is deemed completed);

3. A person who has been suspended for execution of a sentence of more than an imprisonment and has not passed two years from the date of the completion of the probation period;

4. A person who has been deferred from a sentence of more than a confinement sentence and is in the probation period;

5. Notwithstanding subparagraphs 2 through 4, as a person who has committed any of the following crimes, for whom 10 years have not elapsed from the date of probation or exemption from execution of all or part of the sentence or treatment and supervision after being sentenced to and confirmed with a sentence or treatment and supervision (including cases deemed to have ended):

(a) A sexual crime under Article 2;

(b) Sexual offense against children or youth pursuant to subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses;

(c) A crime of child abuse defined in subparagraph 4 of Article 2 of the Act on Special Cases concerning the Punishment of Crimes of Child Abuse;

(d) Crimes under Articles 86, 86-2 and 87 of the Act on Welfare of Persons with Disabilities;

6. A person for whom three years have not passed since his or her qualification as an intermediary was revoked under Article 35-3 (except for revocation of qualification as an intermediary in accordance with Article 35-3 (1) 2 on the grounds falling under subparagraph 1 of this Article.

[This Article Added on Oct. 20, 2020]

Article 35-3(Revocation of qualification as intermediaries) #

(1) If an intermediary falls under any of the following case, the Minister of Justice may revoke the eligibility of the intermediary; provided, the qualification of an intermediary must be revoked in cases falling under subparagraph 1 or 2:

1. Where it is revealed that the intermediary has obtained qualification by fraud or other improper means;

2. Where the intermediary falls under any of the reasons for disqualification under each subparagraph of Article 35-2;

3. Where the obligations of an intermediary under Article 38 are violated;

4. Where a serious problem occurs to the performance of duties by intention or gross negligence;

5. Where the intermediary has engaged in any unlawful act, such as receiving illegal money or goods in connection with the performance of his or her duties;

6. If the education prescribed by Decree of the Ministry of Justice has not been completed without good cause;

7. In other cases, when there is a serious reason that makes it impossible to perform the duties of the intermediary.

(2) The Minister of Justice shall, when he or she intends to revoke qualification of an intermediary pursuant to paragraph (1), notify the relevant intermediary of the fact of scheduled revocation of qualification and the grounds therefor. In such cases, an intermediary who has received a notice may appear before the Ministry of Justice and submit a written opinion on vindication or an explanation.

(3) The Minister of Justice may, where an intermediary has vindicated his or her explanation or has submitted a written opinion concerning vindication pursuant to the latter part of paragraph (2), hear the opinions of external experts to decide whether to revoke his or her qualification as an intermediary.

(4) The Minister of Justice shall, where he or she revokes the qualification of an intermediary pursuant to paragraph (1), immediately notify the person of the fact of revocation of the qualification of an intermediary and the grounds for such revocation.

(5) Matters concerning the return of qualification certificates of intermediaries whose qualifications are revoked under paragraph (1) shall be prescribed by Decree of the Ministry of Justice.

[This Article Added on Oct. 20, 2020]

Article 36(Participation of intermediaries in investigative processes) #

(1) If the victim of a sexual crime is a victim under the age of 19, etc., a public prosecutor or a judicial police officer may, ex officio or upon request by the victim or his or her legal representative or counsel, allow an intermediary to mediate or assist in communication by participating in the investigative process to facilitate the investigation; provided, the same shall not apply where the victim or his or her legal representative expresses his or her intention to refuse the intermediary's participation. <Amended on Jul. 11, 2023>

(2) A public prosecutor or a judicial police officer shall, prior to investigation into a victim under paragraph (1), notify the victim or his or her legal representative or counsel that he or she can request mediation or assistance to communicate through an intermediary.

(3) An intermediary may, prior to the commencement of an investigation, have an interview with the victim and provide the investigative agency with his or her opinion about the necessity of his or her assistance.

(4) The intermediary who has participated in the investigative process under paragraph (1) may provide the investigative agency or court with his or her opinion about the victim's ability to understand or communicate, traits, etc.

(5) Paragraphs (1) through (4) shall apply mutatis mutandis to the inspection of evidence.

(6) Procedures, methods, and other necessary matters relating to the participation of intermediaries in the investigative process shall be prescribed by Decree of the Ministry of Justice.

Article 37(Participation of intermediaries in proceedings) #

(1) If the victim of a sexual crime is a victim under the age of 19, etc., the court may, ex officio or upon request by the public prosecutor or the victim or his or her legal representative or counsel, decide to allow an intermediary to mediate or assist in communication by participating in the examination of the witness to facilitate the examination. <Amended on Jul. 11, 2023>

(2) If a witness is subject to the application of paragraph (1), the court shall, prior to his or her examination, notify the victim and his or her legal representative and counsel that they can request mediation or assistance to communicate through an intermediary.

(3) Detailed procedures and methods relating to the participation of intermediaries in proceedings shall be prescribed by the Supreme Court Regulations.

Article 38(Intermediaries' duties) #

(1) Each intermediary shall endeavor to maintain a neutral position in investigative processes and trial proceedings to ensure that statements are mutually communicated to each other without distortion.

(2) No intermediary shall disclose or divulge to any third person a victim's name, address, age, occupation, alma mater, appearance, and other personal information by which it is possible to ascertain the victim's identity, photograph, and privacy, which he or she has learned in the course of performing his or her duties.

Article 39(Legal fiction as public officials in application of penalty provisions) #

An intermediary shall be deemed a public official in applying the penalty provisions of Articles 129 through 132 of the Criminal Act.

Article 40(Examination of witnesses by means of video recording and other relay devices) #

(1) Where a court examines the victim of a crime provided for in any of Article 2 (1) 3 through 5, as a witness, it may do so by means of video recording or other relay devices after hearing opinions from the public prosecutor and the accused or his or her counsel.

(2) Necessary matters regarding the procedures, methods, etc. relating to the examination of witnesses under paragraph (1) shall be prescribed by the Supreme Court Regulations.

Article 40-2(Trial preparation procedures for witness examination for victims under age of 19) #

(1) Where a court intends to examine a victim under the age of 19, etc. as a witness, it may refer the relevant case to the trial preparation procedures after hearing the opinion of the prosecutor, the accused, or the counsel, if necessary to protect the victim and facilitate the hearing.

(2) Where a court refers a case to the trial preparation procedures under paragraph (1), it shall designate the date of trial preparation to formulate a plan for hearings for witness examination.

(3) A court may require an intermediary who mediates or assists in witness examination to appear before the court on the date of trial preparation designated under paragraph (2).

(4) A counsel for a victim under the age of 19, etc. may appear before the court on the date of trial preparation designated under paragraph (2).

(5) A court may require the prosecutor, the accused, or the counsel to submit in advance a document including matters subject to examination in the trial preparation procedures referred to in paragraph (1); provided, matters subject to examination submitted shall not be disclosed to the other party by means of inspection, copying, etc. before a witness examination is conducted.

(6) A court may seek opinions on matters subject to examination, examination methods, etc. from the prosecutor, the accused, attorneys-at-law, the counsel for a victim under the age of 19, etc., or the intermediary on the date of trial preparation designated under paragraph (2).

[This Article Added on Jul. 11, 2023]

Article 40-3(Special cases concerning place of witness examination for victim under age of 19) #

(1) Where a court examines a victim under the age of 19, etc. as a witness, it shall notify the victim in advance of the fact that the examination may be conducted through a video or any other transmission system under Article 165-2 (1) of the Criminal Procedure Act.

(2) A victim under the age of 19, etc. may state his or her opinion to the court with regard to whether a witness examination is conducted through any transmission system prescribed in paragraph (1) and the place where the victim appears as a witness.

(3) Where a victim under the age of 19, etc. is examined as a witness through any transmission system under paragraph (1), such transmission system shall be in the place where video recording is made under Article 30 (1) unless there is a compelling reason not to do so; provided, where the victim expresses his or her intention to want another place or the place in which video recording was made under Article 30 (1) is an investigative agency such as a police station, the relevant court may designate a transmission system.

[This Article Added on Jul. 11, 2023]

Article 41(Special cases concerning preservation of evidence) #

(1) Where any circumstances exist that make it impractical for a victim to appear and give testimony on a trial date, the victim or his or her legal representative or the judicial police officer may, by explaining the grounds therefor, ask the public prosecutor who investigates the relevant sexual crime to request the preservation of evidence under Article 184 (1) of the Criminal Procedure Act in regard to a video recording made under Article 30 or other proofs. In such cases, if the victim is a victim under the age of 19, etc., he or she shall be deemed to be under circumstances that make it impractical for him or her to appear and give testimony on the trial date. <Amended on Oct. 20, 2020; Jul. 11, 2023>

(2) The public prosecutor who has received a request under paragraph (1) may request the preservation of evidence if he or she deems that any reasonable reason therefor exists; provided, where a victim under the age of 19, etc. or his or her legal representative makes a request under paragraph (1), he or she shall request a judge of the competent district court to preserve evidence under Article 184 (1) of the Criminal Procedure Act unless there is compelling reason not to do so. <Amended on Jul. 11, 2023>

Article 42(Persons subject to registration of personal information) #

(1) Any person in whose case a judgment of conviction or a summary order has become final and conclusive for a crime as defined in any of Article 2 (1) 3 and 4 and (2) (limited to paragraph (1) 3 and 4) and Articles 3 through 15 or a crime as defined in subparagraph 2 (a) and (d) 　 of Article 2 of the Act on Protection of Children and Youth against Sex Offenses (hereinafter referred to as "sex crime subject to registration"), or any person to whom a definitive order is issued to disclose information under Article 49 (1) 4 of the said Act, shall be a person subject to registration of personal information (hereinafter referred to as "person subject to registration"); provided, this shall exclude any person who is fined for committing a crime as defined in Article 12 or 13, or Article 11 (3) or (5) of the Act on Protection of Children and Youth against Sex Offenses. <Amended on Dec. 20, 2016>

(2) Where a court pronounces a judgment of conviction or notifies a summary order on or to a person who has committed a sex crime subject to registration, a court shall notify him or her that he or she is subject to registration and has the duty to submit his or her personal information pursuant to Article 43. <Amended on Dec. 20, 2016>

(3) A notification prescribed in paragraph (2) shall be made orally or in writing when a court declares a judgment and by serving a document describing details of the notification when a summary order is notified. <Added on Dec. 20, 2016>

(4) A court shall serve the Minister of Justice with a certified copy of a written judgment (in cases a court determines a period of registration differently under Article 45 (4), including such fact) or summary order within 14 days from the date on which the judgment or the summary order prescribed in paragraph (1) becomes final and conclusive. <Amended on Dec. 20, 2016>

[This Article, which was found unconstitutional by the Constitutional Court on March 31, 2016, was amended in accordance with Act No. 14412, Dec. 20, 2016]

Article 43(Duty to submit personal information) #

(1) Any person subject to registration shall submit his or her personal information listed in the following subparagraphs (hereinafter referred to as "basic personal information") to the head of the police office who has jurisdiction over his or her place of domicile (hereinafter referred to as "head of the competent police office") within 30 days from the date on which the judgment of Article 42 (1) becomes final and conclusive; provided, when the person subject to registration is placed in a correctional facility or a medical treatment and custody facility, he or she may submit his or her basic personal information to the head of the correctional facility in lieu of the head of the competent police office: <Amended on Dec. 30, 2014; Dec. 20, 2016; Jan. 16, 2024>

1. Name;

2. Resident registration number;

3. Address and the actual place of residence;

4. Occupation and the place of work, etc.;

5. Contact information (referring to a telephone number and an e-mail address);

6. Information on physical build (height and weight);

7. Registration number of his or her vehicle.

(2) When a person subject to registration submits his or her basic personal information pursuant to paragraph (1), the head of the competent police office or the head of the relevant correctional facility, etc. shall take color bust photographs showing the front, left and right sides of and a full-length color photograph of the person subject to registration and keep and preserve records thereof in electronic form. <Amended on Dec. 20, 2016>

(3) If a change is made to the basic personal information of a person subject to registration submitted pursuant to paragraph (1), he or she shall submit the cause and details of such change (hereinafter referred to as "information changed"), as prescribed in paragraph (1), within 20 days from the date on which the cause accrues. <Amended on Dec. 20, 2016>

(4) Where a person subject to registration submits his or her basic personal information under paragraph (1), he or she shall appear at the police office that has jurisdiction over his or her place of domicile by December 31 of each year, starting from the year following the year of submitting his or her basic personal information, and allow the head of the police office to take color bust photographs showing the front, left and right sides of and a full-length color photograph of his or her own body and to keep and preserve records thereof in electronic form; provided, when the person subject to registration is placed in a correctional facility, etc., the head of the correctional facility, etc. shall newly take color bust photographs showing the front, left and right sides of and a full-length color photograph of the person subject to registration and keep and preserve records thereof in electronic form, before he or she is released from the correctional facility, etc. or completes the medical treatment and custody. <Amended on Dec. 20, 2016>

Article 43-2(Duty to report at time of entry into and departure from country) #

(1) Where a person subject to registration leaves the Republic of Korea to stay in a foreign country for at least six months, he or she shall report to the head of the competent police office of the foreign country where he or she will stay, the length of stay, and so forth in advance.

(2) Where a person subject to registration who has reported pursuant to paragraph (1) enters the Republic of Korea, except in extenuating circumstances, he or she shall report his or her entry into the country to the head of the competent police office within 14 days. The same shall apply to a person subject to registration who enters the country after leaving it without making a report prescribed in paragraph (1) and staying in a foreign country for at least six months.

(3) The head of the competent police office, in receipt of a report provided for in paragraphs (1) and (2), shall serve the relevant information to the Minister of Justice without delay.

(4) Matters necessary for the procedures, methods, etc. regarding a report prescribed in paragraphs (1) and (2) and service provided for in paragraph (3), and other relevant matters shall be prescribed by Presidential Decree.

[This Article Added on Dec. 20, 2016]

Article 44(Registration of personal information on persons subject to registration) #

(1) The Minister of Justice shall register the information served pursuant to Articles 43 (5) and (6) and 43-2 (3) and the following information on persons subject to registration: <Amended on Dec. 20, 2016; Feb. 4, 2020>

1. Information on the personal history of sex crimes subject to registration;

2. Previous convictions for sex crimes (the names and frequency of such crimes);

3. Whether an electronic device is attached pursuant to the Act on Electronic Monitoring.

(2) The Minister of Justice shall make the information registered by a person subject to registration pursuant to paragraph (1) available on the information and communications network; provided, he or she shall notify the person subject to registration of the registered information if he or she applies therefor. <Amended on Dec. 20, 2016>

(3) The Minister of Justice may apply to the head of the relevant administrative agency for the information necessary for registration under paragraph (1) (including references to the criminal records set forth in subparagraph 8 of Article 2 of the Act on the Lapse of Criminal Sentences).

(4) If a person subject to registration fails to submit his or her basic personal information or any changed information without good cause, the Minister of Justice may apply to the head of the relevant administrative agency for his or her personal information necessary for registration and then register the information so obtained. In such cases, the Minister of Justice shall notify the person subject to registration of the fact that his or her personal information has been registered and details of the registered personal information, specifying the date of registration. <Amended on Dec. 20, 2016>

(5) The head of the relevant administrative agency, in receipt of an application under paragraphs (3) and (4), shall, without delay, send the required information to the Minister of Justice.

(6) Where the Minister of Justice has registered basic personal information pursuant to the former part of paragraph (4), with respect to the submission of any changed information by a person subject to registration and taking a photo of him or her, Article 43 (3) and (4) shall apply mutatis mutandis. <Added on Dec. 20, 2016>

(7) Matters necessary for the inspection of information registered under paragraph (1) or the former part of paragraph (4) (hereinafter referred to as "registered information"), the application for notification, the methods of and procedures for notification, and other related matters shall be prescribed by Presidential Decree. <Added on Dec. 20, 2016>

Article 45(Management of registered information) #

(1) The Minister of Justice shall retain and manage any registered information during a period according to the following classifications (hereinafter referred to as "period of registration") starting from the date on which basic personal information is initially registered (hereinafter referred to a "date of initial registration") in accordance with Article 44 (1) or (4); provided, when a court has determined a period of registration in accordance with paragraph (4), the registered information shall be retained and managed during such period:

1. A person sentenced to capital punishment, imprisonment with labor for an indefinite term, imprisonment without labor for an indefinite term, or imprisonment with or without labor for more than 10 years for a sex crime which causes the registration of personal information: 30 years;

2. A person sentenced to imprisonment with or without labor for more than three years but not more than 10 years for a sex crime which causes the registration of personal information: 20 years;

3. A person sentenced to imprisonment with or without labor for not more than three years for a sex crime which causes the registration of personal information or a person for whom an order to disclose information has become final and conclusive under Article 49 (1) 4 of the Act on the Protection of Children and Youth against Sex Offenses: 15 years;

4. A person subject to a fine for a sex crime which causes the registration of personal information: 10 years.

(2) Where a sex crime which causes the registration of personal information and other crimes are deemed concurrent under Article 37 (limited to cases where several crimes for which judgment has not become final are regarded as concurrent crimes) of the Criminal Act, and sentences are pronounced accordingly under Article 38 of the Criminal Act, all of such sentences shall be deemed to have been pronounced for a sex crime which causes the registration of personal information.

(3) The following shall apply to calculation of terms of sentences necessary to determine a period of registration set forth in paragraph (1). The same shall apply for paragraph (2):

1. Where multiple types of sentences are pronounced in a single judgment for a sex crime which causes the registration of personal information, the term of the sentence of the most severe type shall apply;

2. Where multiple sentences of imprisonment with or without labor are pronounced for a sex crime which causes the registration of personal information in a single judgment, the terms of the respective sentences shall be aggregated. In such cases, imprisonment with labor and imprisonment without labor shall be deemed sentences of the same type;

Article 45-2(Exemption from registering personal information) #

(1) Where a person who has received a suspended sentence for a sex crime which causes the registration of personal information is deemed acquitted under Article 60 of the Criminal Act since two years has elapsed from the date of receiving the suspended sentence, such person shall be exempted from registering personal information.

(2) A person subject to registration may apply for an exemption from registration of personal information by submitting an application prescribed by Decree of the Ministry of Justice to the Minister of Justice in the event that the period under each of the following categories (excluding periods held in correctional facilities or treatment and supervision facilities) has elapsed: <Amended on Feb. 4, 2020>

1. A person subject to registration in whose case a period of registration prescribed in Article 45 (1) is 30 years: 20 years from the date of initial registration;

2. A person subject to registration in whose case a period of registration prescribed in Article 45 (1) is 20 years: 15 years from the date of initial registration;

3. A person subject to registration in whose case a period of registration prescribed in Article 45 (1) is 15 years: 10 years from the date of initial registration.

4. A person subject to registration in whose case a period of registration prescribed in Article 45 (1) is 10 years: 7 years from the date of initial registration;

(3) Where a person subject to registration, who has applied for exemption from registration under paragraph (2), meets all of the following requirements, the Minister of Justice shall exempt him or her from registering his or her personal information: <Amended on Feb. 4, 2020>

1. The person shall have not been finally convicted of a sex crime subject to registration during a period of registration;

2. The execution of a sentence of imprisonment with or without labor pronounced for a sex crime which causes the registration of personal information shall have been completed or a fine shall have been paid in full;

3. The execution of the following orders imposed for a sex crime which causes the registration of personal information shall have been completed:

(a) An order to disclose information or an order to notify information provided for in the Act on the Protection of Children and Youth against Sex Offenses;

Article 45-3(Termination of registration of personal information) #

(1) The registration of personal information shall be terminated in cases of falling under any of the following:

1. When a period of registration prescribed in Article 45 (1) is expired;

2. When registration is exempted pursuant to Article 45-2.

(2) The Minister of Justice shall immediately discard personal information of which registration is terminated pursuant to paragraph (1).

(3) Where the Minister of Justice discards registered information pursuant to paragraph (2), he or she shall ensure that a person subject to registration can confirm the fact that his or her personal information has been discarded using the information and communications network; provided, the Minister of Justice shall notify the person subject to registration of such fact if he or she applies therefor.

(4) Matters necessary for verifying whether registered information has been discarded under paragraph (3), applying for notification, the methods of and procedures for notification, and other matters shall be determined by Presidential Decree.

[This Article Added on Dec. 20, 2016]

Article 46(Utilization of registered information) #

(1) The Minister of Justice may distribute registered information to public prosecutors or the heads of various levels of police offices to utilize it in preventing and investigating crimes associated with the sex crimes subject to registration.

(2) Matters regarding the procedures for distribution, management, etc. of registered information under paragraph (1) shall be prescribed by Presidential Decree.

Article 47(Disclosure of registered information) #

(1) The disclosure of registered information shall be governed by Articles 49, 50, 52, 54, 55, and 65 of the Act on Protection of Children and Youth against Sex Offenses.

(2) The disclosure of registered information shall be made by the Minister of Gender Equality and Family. <Amended on Oct. 1, 2025>

(3) The Minister of Justice shall send information necessary for disclosing registered information to the Minister of Gender Equality and Family. <Amended on Oct. 1, 2025>

(4) Matters necessary for sending information under paragraph (3) shall be prescribed by Presidential Decree.

Article 48(Maintenance of confidentiality) #

Any person who is or was engaged in the affairs of registration, preservation, and management of personal information on persons subject to registration shall be prohibited from divulging any registered information learned in the course of performing his or her duties.

Article 49(Notification of registered information) #

(1) The notification of registered information shall be governed by Articles 50 and 51 of the Act on Protection of Children and Youth against Sex Offenses.

(2) The notification of registered information shall be made by the Minister of Gender Equality and Family. <Amended on Oct. 1, 2025>

(3) The Minister of Justice shall send information necessary to notify registered information to the Minister of Gender Equality and Family. <Amended on Oct. 1, 2025>

(4) Detailed matters regarding the sending of information under paragraph (3) shall be prescribed by Presidential Decree.

Article 49-2(Constructive provisions) #

(1) Where a military court has judicial power with regard to any person falling under Article 2 (1) of the Military Court Act (hereafter referred to as "military personnel, etc." in this Article), "court" shall be construed as "military court (including a High Court)", "investigative agency" as "military investigative institution", "public prosecutor" as "military prosecutor", "judicial police officer" as "military judicial police officer", and "public defender" as "officer admitted to the bar" in applying any of Articles 27 (2) and (6), 29, 30, 33 (1) through (4), 34, 40 (1), 41, and 42 (2) and (4). <Amended on Dec. 20, 2016; Sep. 24, 2021; Jul. 11, 2023; Oct. 24, 2023>

(2) In applying Article 41 (1) to any military personnel, etc., "judicial police officer" shall be construed as "military judicial police officer." <Amended on Jul. 11, 2023>

(3) In applying Article 33 (3) (including cases where it is applied mutatis mutandis under paragraph (4) of the same Article) to any military personnel, etc., "Minister of the National Court Administration" shall be construed as "Minister of National Defense."

[This Article Added on Apr. 5, 2013]

Article 50(Penalty provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 30 million won: <Amended on Oct. 20, 2020; Dec. 3, 2024>

1. A person who discloses or divulges matters related to an identity-concealed investigation or undercover investigation that he or she has learned in the course of his or her duties, in violation of Article 22-8;

2. A person who divulges registered information learned in the course of his or her duties, in violation of Article 48;

3. A person who modifies or deletes registered information without due authority.

(2) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Oct. 20, 2020>

1. A person who violates the duty not to divulge confidential information on the identity and privacy of a victim under Article 24 (1) or 38 (2);

2. A person who discloses the personal details, photographs, etc. of a victim, in violation of Article 24 (2).

(3) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won: <Amended on Dec. 20, 2016>

1. A person who fails to submit basic personal information without a justifiable ground or submits any false information, in violation of Article 43 (1), or a person who refuses to be photographed by the head of the competent police office or the head of the relevant correctional facility without good cause, in violation of paragraph (2) of the same Article;

2. A person who fails to submit any changed information or submits any false information on change without good cause, in violation of Article 43 (3) (including cases applied mutatis mutandis under Article 44 (6));

3. A person who fails to be present at the competent police office or refuses to be photographed without good cause, in violation of Article 43 (4) (including cases applied mutatis mutandis under Article 44 (6)).

(4) No crime falling under paragraph (2) 2 shall be prosecuted against an express objection of the victim.

(5) If a person subject to an order to complete a program under Article 16 (2) receives a warning under the Probation Act or the Administration and Treatment of Correctional Institution Inmates Act for not complying with the instruction of the director of a probation office or the head of a correctional facility, etc. concerning the implementation of the order to complete a program, but again fails to follow such instruction without good cause, any of the following subparagraphs shall apply: <Amended on Dec. 20, 2016; Jan. 16, 2024>

Article 51(Joint penalty provisions) #

If the representative of a legal entity, or an agent, servant, or other employee of a legal entity or individual, commits an offense prescribed in Article 13 or 43 in relation to the business of the legal entity or individual, not only shall such offender be punished but also the legal entity or individual shall be punished by a fine prescribed in the relevant provisions; provided, this shall not apply where the legal entity or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.

Article 52(Administrative fines) #

(1) A person who fails to report or makes a false report without good cause, in violation of Article 43-2 (1) or (2), shall be subject to an administrative fine not exceeding three million won.

(2) An administrative fine referred to in paragraph (1) shall be imposed and collected by the head of the competent police office as prescribed by Presidential Decree.

[This Article Added on Dec. 20, 2016]