Article 1(Purpose) #
The purpose of this Decree is to provide for matters delegated by the Act on Special Cases concerning the Punishment of Sexual Crimes and those necessary for the enforcement thereof.
Article 1-2(Intrusion into pub lic places with intent to satisfy sexual urges) #
"Any public place prescribed by Presidential Decree, such as a public toilet, etc. provided for in any of subparagraphs 1 through 5 of Article 2 of the Public Toilets, etc. Act and a public bath, etc. for the public bath business provided for in Article 2 (1) 3 of the Public Health Control Act" prescribed in Article 12 of the Act on Special Cases concerning the Punishment of Sexual Crimes (hereinafter referred to as the "Act") means any of the following places:
1. A public toilet, toilet for public use, mobile toilet, portable toilet, or pay toilet defined in subparagraphs 1 through 5 of Article 2 of the Public Toilets Act;
2. A public bath for the public bath business defined in Article 2 (1) 3 of the Public Health Control Act;
3. A breast-feeding facility, where nursing mothers can breast-feed their babies, established under Article 10-3 of the Mother and Child Health Act;
4. A changing room or bath room established in any of the following facilities:
(a) A sports facility established under subparagraph 1 of Article 2 of the Installation and Utilization of Sports Facilities Act;
(b) A large store provided for in subparagraph 3 of Article 2 of the Distribution Industry Development Act.
[This Article Added on Jun. 17, 2013]
Article 2(Formulation of policies for preventing sex offenders from repeating crimes) #
The Minister of Justice shall formulate policies for preventing sex offenders from recommitting a crime by developing programs, nurturing professional workforce, etc. necessary to implement an order to attend a course and an order to complete a sex offender treatment program prescribed in Article 16 (2) of the Act. <Amended on Jun. 17, 2013>
Article 2-2(Matters to be observed during identity-concealed investigations and undercover investigations) #
(1) Judicial police officers shall be careful not to cause additional harm to a victim when conducting an identity-concealed investigation under Article 22-2 (1) of the Act (hereinafter referred to as "identity-concealed investigation") or undercover investigation under paragraph (2) of that Article (hereinafter referred to as "undercover investigation").
(2) Judicial police officers shall ensure that materials regarding the victim are not disseminated if they possess or advertise photographs, videos, their duplicates, etc. in accordance with Article 22-2 (2) 3 of the Act.
[This Article Added on May 27, 2025]
Article 2-3(Identity-concealed investigation method) #
(1) The non-disclosure of identity under Article 22-2 (1) of the Act shall be made by not disclosing or denying one's identity as a judicial police officer (this includes stating an identity other than that of a judicial police officer as long as it does not constitute any of the acts specified in Article 22-2 (2) 1 of the Act).
(2) Access under Article 22 (2) 1 of the Act shall be made in any of the following methods:
1. Directly participating in or observing conversations;
2. Purchasing photographs, videos, their duplicates, etc. falling under the items of Article 22-2 (2) 3 of the Act, or receiving or otherwise accepting them free of charge.
[This Article Added on May 27, 2025]
Article 2-4(Procedures for victim's consent to undercover investigation) #
(1) Where a judicial police officer intends to obtain the consent of a victim under the proviso of Article 22-2 (2) 3 of the Act, he or she shall directly explain to the victim the necessity, type, purpose, object, scope, period, place, method, etc. of the undercover investigation before applying for permission for an undercover investigation under Article 22-3 (3) of the Act (in the case of an identity-concealed investigation under Article 22-5 (1) of the Act, it shall be done before providing or selling photographs, videos, their duplicates, etc.) and then obtain the victim's consent in writing as determined by the Commissioner General of the Korean National Police Agency or the Commander of the Korea Coast Guard.
(2) Where a judicial police officer intends to extend the investigation period of an undercover investigation under Article 22 (3) 8 of the Act and if it is required to obtain the victim's consent under paragraph (1), the judicial police officer shall explain it to the victim again and obtain written consent in accordance with paragraph (1) before applying for the extension.
(3) A judicial police officer shall not obtain consent under the proviso of Article 22-2 (2) 3 of the Act if the victim has a physical or mental disability that impairs his or her ability to discern things or make decisions.
(4) If a judicial police officer decides to terminate or not to conduct the undercover investigation even after having received the victim's consent in accordance with paragraph (1), he or she shall notify the victim without delay of the following matters:
1. Whether photographs or videos or their duplicates have been provided or sold;
2. The object, scope, period, place, and method of the provision or sale, if any, under paragraph (1).
(5) Paragraphs (1) through (4) shall apply the procedures, etc. for the victim's consent when the advertisement under Article 22-2 (2) 3 of the Act contains all or part of photographs or videos or their duplicates, such as video, photo, or audio. In this case, "before providing or selling" in paragraph (1) shall be construed as "before advertising".
[This Article Added on May 27, 2025]
Article 2-5(Procedures for approval of identity-concealed investigation) #
(1) A judicial police officer who intends to conduct an identity-concealed investigation under Article 22-3 of the Act shall obtain the approval of the head of the investigation division of the immediately higher-level police office in writing as determined by the Commissioner General of the Korean National Police Agency or the Commander of the Korea Coast Guard before initiating the identity-concealed investigation (in the case of an urgent identity-concealed investigation under Article 22-4 of the Act, such approval shall be obtained no later than 48 hours after initiating the non-disclosure investigation).
(2) If a judicial police officer intends to obtain approval under paragraph (1), he or she shall explain the necessity, object, scope, period, place, method, etc. of the identity-concealed investigation to the head of the investigation division of the immediately higher-level police office.
(3) When a judicial police officer terminates an identity-concealed investigation, he or she shall report the date of termination and the reason for termination to the head of the investigation division of the immediately higher-level police office.
[This Article Added on May 27, 2025]
Article 2-6(Control on identity-concealed investigation) #
(1) Matters to be reported to the Korean National Police Commission under Article 22-7 (1) of the Act shall be the police office requesting approval of the identity-concealed investigation, the period of approval, the date of termination, the reason for termination, the object of investigation, the method of investigation, the summary of the case, and the necessity.
(2) Matters to be reported to the competent Standing Committee of the National Assembly under Article 22-7 (2) of the Act shall be the police office requesting approval of the identity-concealed investigation, the period of approval, the number of approvals, the date and time of termination, and the reason for termination.
(3) Reporting under paragraphs (1) and (2) shall be made by using the information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as the "information and communications network") or by storing and submitting the content stored in an electronic information storage medium capable of recording, archiving, and printing.
[This Article Added on May 27, 2025]
Article 2-7(Protection facilities and counseling facilities) #
"Protection facility or counseling facility prescribed by Presidential Decree" in Article 23-2 (2) of the Act means any of the following protection facilities or counseling facilities:
1. The National Center for Digital Sexual Crime Response and regional sexual crime victims support centers under Article 7-4 of the Sexual Violence Prevention and Victims Protection Act;
2. Counseling centers for victims of sexual violence under Article 10 of the Sexual Violence Prevention and Victims Protection Act, protection facilities for victims of sexual violence under Article 12 of that Act, and integrated support centers for victims of sexual violence under Article 18 of that act;
3. Temporary protective shelters under Article 7 (2) of the Crime Victim Protection Act and crime victim support corporations under Article 33 of that Act.
[This Article Added on May 27, 2025]
Article 3(Details of personal information to be submitted) #
(1) Details of personal information (hereinafter referred to as "basic personal information") to be submitted by a person subject to registration of personal information provided for in Article 42 (1) of the Act (hereinafter referred to as "person subject to registration") pursuant to Article 43 (1) of the Act shall be as follows: <Amended on Jan. 20, 2015; Jun. 22, 2015; Jun. 20, 2017>
1. Name shall be indicated in Korean script and Chinese characters (limited to cases where a person subject to registration has a Chinese name), and in cases of a foreigner, it shall be written in Korean and English;
2. Resident registration number; provided the following shall apply to foreigners, Korean nationals residing abroad defined in subparagraph 1 of Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans (limited to those who have not completed resident registration; hereinafter referred to as "Korean nationals residing abroad"), and foreign nationality Koreans defined in subparagraph 2 of the same Article (hereinafter referred to as "foreign nationality Koreans"):
(a) Foreigners: Nationality, passport number, and alien registration number (in cases of foreigners without an alien registration number, their date of birth);
(b) Korean nationals residing abroad: Passport number and the date of birth;
(c) Foreign nationality Koreans: Nationality, passport number, and the report number of the domestic place of residence (in cases of foreign nationality Koreans without a report number of the domestic place of residence, their date of birth);
3. Address and actual domicile shall be indicated according to the following classifications:
(a) Korean local residents: Address reported under the Resident Registration Act, and the address of the actual domicile;
(b) Foreigners: A place of stay in the Republic of Korea registered pursuant to Article 32 of the Immigration Act, and the address of their actual domicile;
(c) Foreign nationality Koreans: A place of residence in the Republic of Korea reported under Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans, and the address of their actual domicile;
4. Locations of job, workplace, etc.: The job, company name, and the address of workplace of a person subject to registration shall be indicated;
5. Contact information shall be reported according to the following classifications:
Article 4(Service of Personal Information) #
Basic personal information and any changed information provided for in Article 43 (5) of the Act shall be served by registered mail, and electronic records shall be served using the information and communications network of administrative agencies, etc. <Amended on Jun. 20, 2017>
Article 4-2(Report at Time of Entry into and Departure from Country) #
(1) In accordance with Article 43-2 (1) of the Act, where a person subject to registration intends to leave the Republic of Korea to stay in a foreign country for at least six months, he or sheshall submit a departure report prescribed by Decree of the Ministry of Justice to the head of the competent police office prior to his or her departure from the country.
(2) Where a person who has submitted a departure report pursuant to paragraph (1) decides not to leave the country due to changes in circumstances, etc. or becomes unable to return to the country by the scheduled date of entry after his or her departure, he or sheshall inform it to the head of the competent police office without delay.
(3) In accordance with Article 43-2 (2) of the Act, a person subject to registration shall submit an entry report prescribed by Decree of the Ministry of Justice to the head of the competent police office within 14 days from the date of his or her entry into the country; provided where there is any special circumstance that makes such person unable to submit an entry report within the aforementioned period, he or sheshall submit an entry report, attached with explanatory materials, within seven days from the date the relevant cause ceases to exist.
(4) In accordance with Article 43-2 (3) of the Act, the head of the competent police office shall serve information concerning the entry into or departure from the country by a person subject to registration, including a departure report referred to in paragraph (1), an entry report referred to in paragraph (3), etc., by registered mail to the Minister of Justice.
[This Article Added on Jun. 20, 2017]
Article 5(Registration of personal information) #
(1) After verifying the information served by the head of the competent police office or the head of the correctional institution, etc. pursuant to Article 43 (5) and (6) or 43-2 (3) of the Act and the information obtained from the heads of the relevant administrative agencies pursuant to the former part of Article 44 (4) of the Act, the Minister of Justice shall register such information in a register of registered information on sex offenders (hereinafter referred to as "register of registered information"). <Amended on Jun. 20, 2017>
(2) Details of information on persons subject to registration under the subparagraphs of Article 44 (1) of the Act shall be as follows: <Amended on Aug. 5, 2020>
1. Information on the personal history of sex crimes subject to registration: The following matters:
(a) The date of judgement on a case subject to registration;
(b) The adjudicating court;
(c) The case number;
(d) The name of the crime;
(e) The sentence pronounced and summary of details of the crime;
2. Previous convictions for sex crimes (the names and frequency of such crimes): The matters specified in the following:
(a) The names of sex crimes that a person subject to registration is finally convicted of prior to the date of the final judgement of a case subject to registration;
(b) The number of sex crimes that a person subject to registration is finally convicted of prior to the date of the final judgement of a case subject to registration;
3. Whether a person subject to registration is subject to electronic monitoring under the Act on Electronic Monitoring: whether an electronic device is attached to a person subject to registration and the period for attachment (the period of attachment shall apply only when such person is subject to an attachment order).
(3) Detailed matters concerning the form, methods for preparing the register of registered information, and others shall be prescribed by Decree of the Ministry of Justice.
Article 5-2(Methods for inspecting registered information) #
(1) Where a person subject to registration intends to inspect information registered pursuant to Article 44 of the Act (1) or the former part of paragraph (4) of the same Article (hereinafter referred to as "registered information"), he or sheshall do so by accessing a criminal justice portal defined in subparagraph 6 of Article 2 of the Act on Promotion of the Digitalization of the Criminal Justice Process (hereinafter referred to as "criminal justice portal").
(2) The registered information prescribed in paragraph (1) shall be inspected by no one other than a person subject to registration himself/herself.
(3) The procedures, methods, etc. for accessing a criminal justice portal, and other matters necessary for inspecting registered information shall be determined by the Minister of Justice.
[This Article Added on Jun. 20, 2017]
Article 5-3(Methods and procedures for notifying registered information) #
(1) Where a person subject to registration intends to apply for notification of his or her registered information pursuant to the proviso to Article 44 (2) of the Act or to withdraw such application, he or sheshall submit a written application prescribed by Decree of the Ministry of Justice to the Minister of Justice by paying a visit in person or by registered mail.
(2) Where the Minister of Justice intends to notify registered information pursuant to the proviso to Article 44 (2) of the Act or the latter part of paragraph (4) of the same Article, he or sheshall make such notification by registered mail.
[This Article Added on Jun. 20, 2017]
Article 6(Management of Registered Information) #
(1) Where it is necessary to verify the veracity and any change of the registered information of a person subject to registration under Article 45 (7) and (8) of the Act, the Minister of Justice may provide the head of the competent police office with the registered information of a person subject to registration. <Amended on Jun. 20, 2017>
(2) The methods, such as in-person meetings, referred to in Article 45 (7) of the Act shall include requiring a person subject to registration to be present at a police office. <Amended on Jun. 20, 2017>
(3) Upon receipt of the results of verification of the veracity, and any change of, the registered information of a person subject to registration from the head of the competent police office pursuant to Article 45 (7) and (8) of the Act, the Minister of Justice shall verify them and register any changed information in the register of registered information. <Amended on Jun. 20, 2017>
Article 6-2(Application for exemption from registration of personal information) #
(1) A person subject to registration, who intends to apply for exemption from registering his or her personal information pursuant to Article 45-2 (2) of the Act (hereinafter referred to as "applicant for exemption"), shall submit a written application prescribed by Decree of the Ministry of Justice to the Minister of Justice by paying a visit in person or by registered mail.
(2) Upon receipt of the application for exemption from registering personal information from an applicant for exemption referred to in paragraph (1), the Minister of Justice shall verify whether the applicable period under the subparagraphs of Article 45-2 (2) of the Act has elapsed and whether the requirements for exemption prescribed in the subparagraphs of Article 45-2 (3) of the Act are satisfied, and determine whether to grant exemption from registering personal information within 20 days from the date of receipt of the application for exemption from registration. In such cases, the determination as to whether the applicable period under the subparagraphs of Article 45-2 (2) of the Act has elapsed shall be made based on the date of application for exemption from registration, and the determination as to whether the requirements for exemption prescribed in Article 45-2 (3) of the Act are met shall be made based on the date of determination of exemption from registration.
(3) The Minister of Justice shall ensure that an applicant for exemption can use the information and communications network to review the outcome of the determination on whether he or sheis to be exempted from registering his or her personal information; provided the Minister of Justice, at the request of the applicant for exemption, shall notify him/her of it by registered mail.
(4) Article 5-2 shall apply mutatis mutandis to the methods, etc. for reviewing the outcome of the application for exemption from registration prescribed in paragraph (3).
[This Article Added on Jun. 20, 2017]
Article 6-3(Methods for verifying discard of registered information) #
(1) Article 5-2 shall apply mutatis mutandis to the methods, etc. for verifying the discard of registered information pursuant to the main sentence of Article 45-3 (3) of the Act.
(2) The period for verifying the discard of registered information pursuant to the main sentence of Article 45-3 (3) of the Act shall be one year from the date the registration of personal information is terminated pursuant to Article 45-3 (1) of the Act.
[This Article Added on Jun. 20, 2017]
Article 6-4(Methods and procedures for notifying discard of registered information) #
(1) Where a person subject to registration intends to apply for notification of discard of his or her registered information pursuant to the proviso to Article 45-3 (3) of the Act or to withdraw such application, he or sheshall submit a written application prescribed by Decree of the Ministry of Justice to the Minister of Justice by paying a visit in person or by registered mail.
(2) Where the Minister of Justice receives the application for notification on the discard of registered information pursuant to paragraph (1), he or sheshall notify the relevant details by registered mail.
(3) Where any personal information registered under the former part of Article 44 (4) of the Act is discarded pursuant to Article 45-3 (2) of the Act, the Minister of Justice shall notify such fact to the relevant person subject to registration by registered mail.
[This Article Added on Jun. 20, 2017]
Article 7(Utilization of registered information) #
(1) The Minister of Justice may, in lieu of the distribution of registered information prescribed in Article 46 (1) of the Act, allow prosecutors or the heads of polices offices of various levels to access the information and communications network that he or sheoperates to view or print out any registered information.
(2) Any registered information printed out pursuant to paragraph (1) shall be discarded immediately when the purpose of its use is fulfilled or when the registration of personal information is terminated pursuant to Article 45-3 (1) of the Act. <Amended on Jun. 20, 2017>
Article 8(Service of registered information) #
(1) Upon registering information necessary for disclosing or notifying registered information pursuant to Article 47 (3) or 49 (3) of the Act (including any changed information registered in the register of registered information under Article 6 (3)), the Minister of Justice shall send such information to the Minister of Gender Equality and Family without delay. <Amended on Oct. 1, 2025>
(2) Service of information prescribed in paragraph (1) shall be effected by using the information and communications network of an administrative agency, etc.
Article 9(Management of sensitive information and personally identifiable information) #
(1) The Minister of Justice, a prosecutor, or a judicial police officer may manage data containing health information prescribed in Article 23 of the Personal Information Protection Act, information constituting a criminal history record referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, and data containing resident registration numbers, passport numbers, driver's license numbers, or alien registration numbers referred to in Article 19 of the same Enforcement Decree, if essential in conducting the following duties:
1. Duties related to appointing a public defender, etc. referred to in Article 27 (6) of the Act;
2. Duties related to qualification, fostering, training, etc. of an intermediary prescribed in Articles 35 and 36 of the Act;
3. Duties necessary to conduct the duties specified in subparagraph 1 or 2.
(2) The Minister of Justice, the Minister of Gender Equality and Family, a prosecutor, the head of the competent police office, the heads of police offices of various levels, the head of the correctional institution, etc., the head of an administrative agency concerned, or a judicial police officer may manage information on health and sexual life prescribed in Article 23 of the Personal Information Protection Act, genetic information and information constituting a criminal history record referred to in subparagraphs 1 and 2 of Article 18 of the Enforcement Decree of the same Act, and data containing resident registration numbers, passport numbers, driver's license numbers or alien registration numbers referred to in Article 19 of the same Enforcement Decree, if essential in conducting the following duties: <Amended on Jun. 20, 2017; Oct. 1, 2025>
1. Deleted; <Jan. 23, 2021>
2. Duties related to the duty to report at the time of entry into and departure from the country, etc. prescribed in Article 43-2 of the Act;
3. Duties related to registering personal information of a person subject to registration, etc. prescribed in Article 44 of the Act;
4. Duties related to managing registered information prescribed in Article 45 of the Act;
5. Duties related to exempting registration of personal information prescribed in Article 45-2 of the Act;
6. Duties related to terminating registration of personal information prescribed in Article 45-3 of the Act;
Article 10(Criteria for imposition of administrative fines) #
The criteria for imposing administrative fines referred to in Article 52 (2) of the Act shall be as described in the attached Table.
[This Article Added on Jun. 20, 2017]