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ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF CHILD ABUSE CRIMES — 법갈피

영문법령 / ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF CHILD ABUSE CRIMES

ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF CHILD ABUSE CRIMES

법률타법개정시행 2026-05-12법무부 · 제21108호 · 공포 2025-11-11

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to protect children and help them grow as sound members of society by prescribing special provisions on the punishment of crimes of child abuse and the procedures therefor, the procedures for protecting child victims, and protective orders against child abusers.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jan. 6, 2016; May 29, 2016; Mar. 16, 2021; Dec. 26, 2023>

1. "Child" means a child defined in subparagraph 1 of Article 3 of the Child Welfare Act;

2. "Protector" means a protector defined in subparagraph 3 of Article 3 of the Child Welfare Act;

3. "Child abuse" means child abuse defined in subparagraph 7 of Article 3 of the Child Welfare Act; provided, legitimate educational activities, and student guidance and counseling by teachers under the Early Childhood Education Act and the Elementary and Secondary Education Act shall not be deemed child abuse.;

4. "Crime of child abuse" means any of the following child abuse crimes committed by a child's protector:

a. Crimes falling under paragraphs (1) and (3) of Article 257, paragraphs (1) (limited to a crime falling under Article 257(1)) and (3) (limited to a crime falling under Article 257(1) among the crimes under paragraph (1)) of Article 258-2, paragraph (1) of Article 260, Article 261, and Article 262 (limited to crimes that cause injury) among the crimes of inflicting bodily injury and violence set forth in Chapter XXV of Part II of the Criminal Act;

b. Crimes falling under paragraph (1) of Article 271, Article 272, paragraph (1) of Article 273, Article 274, and Article 275 (limited to crimes that cause injury) among the crimes of abandonment and maltreatment set forth in Chapter XXVIII of Part II of the Criminal Act;

c. Crimes falling under paragraph (1) of Article 276, paragraph (1) of Article 277, Article 278, Article 280, and Article 281 (limited to crimes that cause injury) among the crimes of false arrest and illegal confinement set forth in Chapter XXIX of Part II of the Criminal Act;

d. Crimes falling under paragraph (1) of Article 283, Article 284, and Article 286 among the crimes of intimidation set forth in Chapter XXX of Part II of the Criminal Act;

Article 8(Concurrent imposition of punishment and order to undergo education) #

(1) Where a court issues a child abuse offender a guilty verdict (excluding cases where such sentence is suspended) or a summary order, it may order him or her to undergo education aimed at preventing recommitment of a crime (referring to an order to undergo education as provided for in the Act on Probation; hereinafter the same shall apply) or to complete a child abuser treatment program (hereinafter referred to as "order to complete the program") for certain hours not exceeding 200 hours, concurrently with such sentence. <Amended on Dec. 20, 2024>

(2) An order to undergo education issued to a child abuse offender under paragraph (1) shall be imposed concurrently during the suspension of execution of punishment if a court declares the suspension of execution, and an order to complete the program shall be imposed concurrently when a court declares an actual sentence of punishment by a fine or imprisonment with labor or issues a summary order. <Amended on Dec. 20, 2024>

(3) Where a court grants the suspension of execution of sentence to a child abuse offender, it may concurrently impose probation or community service for a certain period not exceeding the period of suspension of execution, in addition to an order to undergo education issued under paragraph (1).

(4) An order to undergo education or to complete the program issued under paragraph (1) shall be executed during the suspension of execution when the suspension of execution of sentence is granted, within six months from the date a sentence becomes final and conclusive when the punishment by a fine is declared or a summary order is issued, and during punishment when the actual punishment by imprisonment with labor is imposed. <Amended on Dec. 20, 2024>

(5) Where an order to undergo education or to complete the program under paragraph (1) is imposed concurrently with the punishment by a fine or the suspension of execution of sentence, it shall be executed by the director of a probation office, and where it is imposed concurrently with the actual punishment by imprisonment with labor, it shall be executed by the director of a correctional facility; provided, where a child abuse offender is released or provisionally released from prison prior to the fulfillment of a program completion order imposed concurrently with the actual punishment by imprisonment with labor, or the execution of punishment becomes impossible for reasons, such as the inclusion of the number of days of detention pending a court decision, the remainder of such order shall be executed by the director of a probation office.

(6) The content of an order to undergo education or to complete the program issued under paragraph (1) shall consist of the following:

1. Diagnosis of and consultation about child abuse behaviors;

2. Education for developing an appropriate attitude as a protector;

3. Other matters necessary to prevent the recommitment of a crime by child abuse offenders.

(7) With respect to the matters, other than those prescribed by this Act, concerning probation, community service, and an order to undergo education or to complete the program imposed concurrently with punishment, the Act on Probation shall apply mutatis mutandis.

Article 10(Obligation to report child abuse crimes and procedures therefor) #

(1) Any person who becomes aware of, or suspects, a crime of child abuse may report it to the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Do, or Special Self- Governing Province (hereinafter referred to as City/Do), Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply), or investigative agency. <Amended on Mar. 24, 2020>

(2) Where any person falling under any of the following subparagraphs becomes aware of or suspects an offense of child abuse in the course of performing his or her duties, such person shall immediately report it to the competent City/Do or Si/Gun/Gu, or an investigative agency. <Amended on May 29, 2016; Jan. 15, 2019; Mar. 24, 2020; Dec. 27, 2022; Jul. 18, 2023; Dec. 20, 2024; Apr. 22, 2025; Nov. 11, 2025>

1. The head and employees of the National Center for the Rights of the Child (hereinafter referred to as the "National Center for the Rights of the Child") under Article 10-2 of the Child Welfare Act and of foster care support centers;

2. Heads and employees (excluding the heads and employees of specialized child protection agencies) of child welfare facilities;

3. Public officials dealing exclusively with child welfare referred to in Article 13 of the Child Welfare Act;

4. Heads and employees of counseling centers related to domestic violence referred to in Article 5 of the Act on the Prevention of Domestic Violence and Protection of Victims as well as protection facilities for victims of domestic violence referred to in Article 7-2 of that Act;

5. Heads and employees of healthy family support centers under Article 35 of the Framework Act on Healthy Families and family centers under Article 35-2 of that Act;

6. Heads and employees of multicultural family support centers referred to in Article 12 of the Multicultural Families Support Act;

7. Public officials exclusively in charge of social welfare referred to in Article 43 of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries and heads and employees of social welfare facilities referred to in Article 34 of the Social Welfare Services Act;

8. Heads and employees of supporting institutions referred to in Article 9 of the Act on the Prevention of Commercial Sex Acts and Protection of Victims as well as counseling centers for victims, etc. of sexual traffic referred to in Article 17 of that Act;

9. Heads and employees of counseling centers for the victims of sexual assault referred to in Article 10 of the Sexual Violence Prevention and Victims Protection Act, heads and employees of protection facilities for victims of sexual violence under Article 12 of that Act, and heads and employees of integrated support centers for victims of sexual violence under Article 18 of the same Act;

10. Members of the 119 emergency medical services team referred to in subparagraph 4 of Article 2 of the Act on 119 Rescue and Emergency Medical Services;

11. Licensed emergency medical rescuers engaged in emergency medical institutions, etc. referred to in subparagraph 7 of Article 2 of the Emergency Medical Service Act;

12. Heads and employees of childcare support centers under Article 7 of the Infant Care Act, and heads and teaching and administrative staff of nursery facilities under Article 10 of the same Act;

13. Heads and employees of kindergartens referred to in subparagraph 2 of Article 2 of the Early Childhood Education Act;

14. Heads and employees of specialized child protection agencies;

15. Heads of medical institutions under Article 3(1) of the Medical Service Act, and medical persons and medical technicians engaged therein;

16. Heads and employees of welfare facilities for persons with disabilities referred to in Article 58 of the Act on Welfare of Persons with Disabilities who conduct duties of counselling, medical treatment, training, or medical care for children with disabilities at those facilities;

17. Heads and employees of mental health welfare centers under subparagraph 3 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients, mental medical institutions under subparagraph 5 of the same Article, mental health sanatoriums under subparagraph 6 of that Article, and mental health rehabilitation facilities under subparagraph 7 of the same Article;

18. Heads and employees of youth establishment defined in subparagraph 6 of Article 3 of the Framework Act on Youth and youth organizations defined in subparagraph 8 of that Article;

19. Heads and employees of youth protection and rehabilitation centers established under Article 35 of the Youth Protection Act;

20. Heads and employees of schools referred to in Article 2 of the Elementary and Secondary Education Act;

21. Heads and employees of single-parent family welfare facilities referred to in Article 19 of the Single-Parent Family Support Act;

22. Administrators, instructors, and employees of private teaching institutes referred to in Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons as well as operators and employees of teaching schools referred to in Article 14 of that Act;

23. Child care providers defined in subparagraph 4 of Article 2 of the Child Care Support Act;

24. Human resources for implementing support for integrated services for children belonging to vulnerable social groups referred to in Article 37 of the Child Welfare Act;

25. The heads and employees of social welfare foundations and organizations entrusted with affairs pursuant to Article 37(1) of the Special Act on Domestic Adoption and Article 32(1) of the Act on Intercountry Adoption;

26. The head of the Korea Childcare Promotion Institute under Article 8 of the Infant Care Act and employees thereof, who engage in the evaluation of child-care centers under Article 30 of that Act;

27. The heads and employees of alternative educational institutions under subparagraph 2 of Article 2 of the Alternative Education Institution and those of educational institutions, etc. entrusted with the education of students with learning difficulties by the head of a school under Article 54 of the Enforcement Decree of the Elementary and Secondary Education Act.

(3) No one shall inform, disclose, or report to any third person, personal information of an informant provided for in paragraphs (1) and (2) or facts which can help any third person to recognize an informant.

(4) When there is a report under paragraph (2), the City/Do, Si/Gun/Gu, or investigative agency shall immediately initiate an investigation, unless there is a good cause. <Added on Jan. 26, 2021>

Article 11(Moving to scene of crimes) #

(1) Upon receiving a report on a crime of child abuse, a judicial police officer or an anti-child abuse official under Article 22(4) of the Child Welfare Act (hereinafter referred to as "anti-child abuse official") shall move to the scene of the child abuse crime without delay. In such cases, the head of an investigative agency, the Mayor/Do Governor, or the head of a Si/Gun/Gu may request accompanying each other, and the head of an investigative agency, the Mayor/Do Governor, or the head of a Si/Gun/Gu in receipt of such request shall take measures to have a judicial police officer or an anti-child abuse official accompany to the scene of the crime, unless good cause for not accepting the request exists. <Amended on Mar. 24, 2020>

(2) A judicial police officer or an anti-child abuse official in receipt of a report on a crime of child abuse may access the site reported as where the child abuse crime is being committed or other places as necessary for protecting the child victim, to conduct an investigation about or ask questions to any persons concerned, including a child, child abuse offender, etc.; provided, an anti-child abuse official shall conduct an investigation about or ask questions to any persons concerned, including a child abuse offender, etc. only to the extent of the following purposes: <Amended on Mar. 24, 2020; Jan. 26, 2021>

1. Protection of the child victims;

2. Case management in accordance with the case management plan under Article 22-4 of the Child Welfare Act (hereinafter referred to as "case management").

(3) If necessary for child protection and case management when moving to the scene under paragraph (1), the Mayor/Do Governor or the head of a Si/Gun/Gu may request that the head of a specialized child protection agency allow an employee of the specialized child protection agency to accompany. In such cases, the employee of the specialized child protection agency may join in the investigation conducted by the anti-child abuse official within the scope of protecting the child victim and the case management. <Added on Mar. 24, 2020>

(4) A judicial police officer, an anti-child abuse official, or an employee of a specialized child protection agency who enters or leaves the scene of a crime or conducts an investigation under paragraphs (2) and (3) shall carry with him or her a certificate evidencing his or her authority and present it to persons concerned. <Amended on Mar. 24, 2020>

(5) The judicial police officer or anti-child abuse official conducting an investigation or questioning pursuant to paragraph (2) shall take measures, such as investigating in a separate place from the child abuse offender, so that the child victim, the reporter, etc. of a crime of child abuse, and the witness, etc. can freely testify. <Added on Jan. 26, 2021>

(6) As a judicial police officer, an anti-child abuse official, or an employee of a specialized child protection agency who arrives at the scene of a crime pursuant to paragraphs (1) through (3) conducts his or her duties under paragraphs (2) and (3), no one shall obstruct the performance of such duties through force, threat, refusal of a site investigation, etc. <Amended on Mar. 24, 2020; Jan. 26, 2021>

(7) If the dispatch to the scene under paragraph (1) was not accompanied by anyone, the head of an investigation agency, Mayor/Do Governor, or the head of a Si/Gun/Gu shall notify each other of the results of the investigation, etc. resulting from the dispatch to the scene. <Added on Jan. 26, 2021>

Article 12(Emergency measures concerning child victims) #

(1) Where being dispatched to the scene pursuant to Article 11(1), discovering the scene of a child abuse crime, or confirming abuse at a place other than the scene of the abuse and the risk of re-abuse is imminent and significant, the judicial police officer or anti-child abuse official shall immediately take the following measures (hereinafter referred to as "emergency measures") for the protection of the child victim, children who are siblings of the child victim, and children living with the child victim (hereinafter referred to as "child victim, etc."). In such cases, the interests of the child victim, etc. shall be given the highest priority when taking the measures under subparagraph 3 or 5, and the will of the child victim, etc. shall be respected, except in special circumstances such as the need to protect the child victim, etc.: <Amended on May 29, 2016; Mar. 24, 2020; Dec. 20, 2024>

1. Stopping an act of a child abuse crime;

2. Isolating a child abuse offender from a child victim, etc.;

3. Delivering a child victim, etc. to protective facilities related to child abuse;

4. Delivering a child victim in need of emergency treatment to medical institutions.

5. Delivering a child victim, etc. to his or her relatives, etc.

(2) A judicial police officer or an anti-child abuse official who protects a child victim, etc. after isolation or delivery under paragraph (1)3 and 5 shall notify such fact, without delay, to the City/Do Governor, or the head of the Si/Gun/Gu having jurisdiction over the location of the protective facility or medical facility to which a child victim, etc. is delivered or the place of residence of the relatives, etc. <Amended on May 29, 2016; Mar. 24, 2020; Dec. 20, 2024>

(3) Emergency measure prescribed in paragraph (1)2 through 5 shall not exceed 72 hours; provided, if a holiday or Saturday is included in the period referred to in the main clause and it is deemed necessary for the protection of the child victim, the period may be extended up to 48 hours. <Amended on Jan. 26, 2021; Dec. 20, 2024>

(4) Notwithstanding paragraph (3), if a prosecutor files a request for an ad hoc measure with the court pursuant to Article 15(2), the period of emergency measure shall be extended until the court decides on the ad hoc measure. <Added on Jan. 26, 2021>

(5) Where a judicial police officer or an anti-child abuse official takes an emergency measure pursuant to paragraph (1), he or she shall prepare a report on the result of the emergency measure. In such cases, where a judicial police officer takes the emergency measure, the head of the competent police station shall send the prepared report on the result of the emergency measure without delay to the Mayor/Do Governor or the head of a Si/Gun/Gu; and where an anti-child abuse official takes the emergency measure, the Mayor/Do Governor or the head of a Si/Gun/Gu shall do so to the head of the competent police station. <Amended on Mar. 24, 2020; Jan. 26, 2021>

(6) The report on the result of the emergency measure under paragraph (5) shall include a summary of damage, grounds for the emergency measure, details of the emergency measure, etc. <Amended on Jan. 26, 2021>

(7) When the anti-child abuse official or the judicial police officer performs duties under paragraph (1), no one shall interfere with the performance of duties by assault, intimidation, blocking emergency measures, etc. <Amended on Mar. 24, 2020; Jan. 26, 2021>

(8) A judicial police officer may enter another person's land, building, ship, or vehicle in order to take measures under paragraph (1)1 or 2. <Added on Jan. 26, 2021>

(9) Where a judicial police officer or an anti-child abuse official takes measures under paragraph (1)5, he or she may take measures necessary for the protection of a child victim, etc., such as checking criminal records of domestic violence crimes, child abuse crimes, etc. with the consent of the relatives, etc. <Added on Dec. 20, 2024>

(10) Details regarding the criteria for relatives, etc. under paragraphs (1) 5 and (2) and the measures necessary for the inquiry into criminal records and the protection of child victims under paragraph (9) shall be prescribed by Presidential Decree. <Added on Dec. 20, 2024>

[Title Amended on Mar. 24, 2020]

Article 19(Ad hoc measures concerning child abuse offenders) #

(1) A judge may take any of the following measures (hereinafter referred to as "ad hoc measure") against a child abuse offender by ruling, when deemed necessary to facilitate the investigation and examination of a child abuse crime or to protect a child victim, etc.: <Amended on Mar. 24, 2020>

1. Isolation from a child victim, etc. or his or her family members (referring to family members defined in subparagraph 2 of Article 2 of the Act on Special Cases concerning the Punishment of Crimes of Domestic Violence; hereinafter the same shall apply), including evacuation, etc. from their residence;

2. Denial of access within 100 meters from the residence, school, protective facilities, etc. of a child victim, etc. or his or her family members;

3. Denial of access to a child victim, etc. or his or her family members through telecommunications defined in subparagraph 1 of Article 2 of the Framework Act on Telecommunications;

4. Restriction on or suspension of the exercise of parental authority or guardian’s authority;

5. Entrusting a child abuse offender to a specialized child protection agency, etc. for counseling and education;

6. Entrusting a child abuse offender to a medical institution or intermediate care center;

7. Confining a child abuse offender in a detention center or room of any police station.

(2) Dispositions falling under the subparagraphs of paragraph (1) may be made concurrently.

(3) Where an emergency measure falling under Article 12(1)2 through 5 is taken in relation to a child victim, etc. a judge shall determine whether to take an ad hoc measure within 24 hours from when an ad hoc measure request is made. <Amended on Mar. 24, 2020; Dec. 20, 2024>

(4) No period for taking any ad hoc measure specified under paragraph (1) shall exceed two months; provided, a court may extend a period for ad hoc measures falling under paragraph (1)1 through 3 on only two occasions and ad hoc measures falling under subparagraphs 4 through 7 of that paragraph on only one occasion, by ruling within the respectively specified period, when deemed necessary to protect a child victim, etc. <Amended on Mar. 24, 2020>

(5) When a child abuse offender is entrusted under paragraph (1)6, a court may assign necessary matters for the protection of a child abuse offender to the head of a medical institution, etc.

(6) When a court intends to entrust a child abuse offender to a private medical institution, etc. operated under paragraph (1)6, it shall notify the head of such institution, etc. of matters to be assigned under paragraph (5) in advance and obtain consent therefrom.

(7) When a court decides to take an ad hoc measure pursuant to paragraph (1), it shall notify it to the relevant prosecutor, child victim, etc., his or her legal representative, attorney-at-law, Mayor/Do Governor, head of a Si/Gun/Gu, or the head of an institution protecting the child victim, etc. <Amended on Mar. 24, 2020>

(8) The head of a specialized child protection agency, etc. which offers counseling and education under paragraph (1) 5 shall submit a report on the results thereof to the relevant judge and prosecutor.

(9) Standards for counseling centers, medical institutions, intermediate care centers, etc. to which a child abuse offender can be entrusted under the subparagraphs of paragraph (1), procedures for entrustment, procedures for notification under paragraph (7), and other necessary matters shall be prescribed by the Supreme Court Regulations.

Article 23(Persons to temporally conduct duties of guardian) #

(1) Where there is no person to exercise parental authority over a child victim, etc. or to conduct duties as his or her guardian following an ad hoc measure prescribed in Article 19(1)4, a judge shall have the Mayor/Do Governor, the head of a Si/Gun/Gu, the head of the National Center for the Rights of the Child, the head of a specialized child protection agency, or the head of a foster care center temporarily conduct the duties of guardian during the period of the ad hoc measure or appoint a person to perform such duties. <Amended on May 29, 2016; Jan. 15, 2019; Mar. 24, 2020; Nov. 11, 2025>

(2) In cases of paragraph (1), the judge shall give the highest priority to the interests of the child victim, etc. and respect his or her opinion; and the child victim, etc. or a person protecting the child victim, etc. such as the attorney-at-law, the Mayor/Do Governor, the head of a Si/Gun/Gu, the head of the National Center for the Rights of the Child, the head of a specialized child protection agency, and the head of a foster care center, may present his or her opinions on the appointment. <Amended on May 29, 2016; Jan. 15, 2019; Mar. 24, 2020; Nov. 11, 2025>

(3) Where a court takes a measure under paragraph (1), it shall notify such fact to the relevant child victim, etc. or a person protecting the child victim, etc. such as the attorney-at-law, the Mayor/Do Governor, the head of a Si/Gun/Gu, the head of the National Center for the Rights of the Child, the head of a specialized child protection agency, or the head of a foster care center. <Amended on May 29, 2016; Jan. 15, 2019; Mar. 24, 2020; Nov. 11, 2025>

(4) A person who temporarily conducts the duties of guardian under paragraph (1) shall do so only to the extent necessary to preserve the property owned by the child victim, etc. and to protect the child victim. etc. <Amended on Mar. 24, 2020>

(5) Article 949 of the Civil Act shall apply mutatis mutandis to a person who temporally conducts the duties of guardian.

(6) Necessary matters concerning procedures, etc. for the appointment, resignation, or change of a person to temporally conduct the duties of guardian shall be prescribed by the Supreme Court Regulations.

Article 25(Investigation before decisions by prosecutors) #

(1) Where deemed necessary to make a decision on dispositions with respect to a crime of child abuse, such as the transfer of a child abuse case, prosecution, or suspension of prosecution, a prosecutor may request the head of a probation office having jurisdiction over the residence of a child abuse offender or the location of the prosecutors’ office, to conduct an investigation into the career, living environment, child-rearing ability of a child abuse offender, and other necessary matters.

(2) The head of a probation office in receipt of a request under paragraph (1) shall conduct an investigation and give written notice thereof without delay to the relevant prosecutor, and if it is necessary for the investigation, he or she may assign probation officers under his or her control to examine necessary matters by requiring a child abuse offender or the person concerned to appear and present his or her opinions, etc.

(3) Where an investigation is performed pursuant to paragraph (2), the purpose of the investigation shall be explained to a child abuse offender or the persons concerned in advance, and their human rights shall be respected, and confidential information related to the performance of duties shall be strictly kept.

(4) Where it is required in relation to a crime of child abuse, a prosecutor may request the Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a specialized child protection agency to submit materials necessary for a decision referred to in paragraph (1). <Amended on Mar. 24, 2020>

(5) When making a decision under paragraph (1), a prosecutor shall work to reach a decision most appropriate for the protection of a child victim and for the correction and edification of a child abuse offender by taking into consideration the results of an investigation notified by the head of a probation office, the materials submitted by the Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a specialized child protection agency, etc. <Amended on Mar. 24, 2020>

Article 36(Decision on protective orders) #

(1) Where a protective order is deemed necessary as a result of an examination, a judge may rule on any of the following dispositions:

1. Restrictions on a child abuse offender's access to a child victim or his or her family members;

2. Restrictions on a child abuse offender's access to a child victim or his or her family members through telecommunications defined in subparagraph 1 of Article 2 of the Framework Act on Telecommunications;

3. Restriction on or suspension of the exercise of parental authority or guardian’s authority over a child victim;

4. Community service and lecture attendance order under the Act on Probation;

5. Probation under the Act on Probation;

6. Entrustment to facilities for care and custody established under the control of the Minister of Justice or to protective facilities designated by the Minister of Justice;

7. Entrustment to medical institutions for treatment;

8. Entrustment to specialized child protection agencies, counseling centers, etc. for counseling.

(2) Dispositions falling under the subparagraphs of paragraph (1) may be made concurrently.

(3) Where a disposition under paragraph (1)3 is made, a child victim may be sent to a person with parental authority or his or her relatives who are not a child abuse offender, child welfare facilities, etc.

(4) Where a judge issues a protective order under paragraph (1)3, Article 23 shall apply mutatis mutandis to the appointment, etc. of a person to temporally conduct the duties of guardian during the period of the protective order.

(5) Where a court decides to issue a protective order pursuant to paragraph (1), it shall, without delay, notify it to the relevant prosecutor, child abuse offender, child victim, legal representative, attorney-at-law, Mayor/Do Governor, head of a Si/Gun/Gu, probation officer, and the head of a protective facility, medical institution, specialized child protection agency, or counseling center, etc. entrusted with the protective order (hereinafter referred to as "entrusted institutions"); provided, in cases of an entrusted institution which is not operated by the State or local governments, the court shall obtain consent to entrustment from the head of such institution. <Amended on Mar. 24, 2020>

(6) Where dispositions are made pursuant to paragraph (1)4 through 8, a court shall send reference materials necessary for the correction of a child abuse offender, to probation officers or the heads of entrusted institutions.

(7) A facility entrusted with the care and custody under paragraph (1)6 shall subject a child abuse offender to education for correcting his or her character and conduct.

Article 47(Child victim protection orders by family court) #

(1) A judge may issue any of the following child victim protection orders for the protection of child victims, either ex officio or by ruling upon request of a child victim, his or her legal representative, a prosecutor, an attorney-at-law, a City/Do Governor, or the head of a Si/Gun/Gu: <Amended on Dec. 19, 2017; Mar. 24, 2020; Dec. 20, 2024>

1. Isolation of a child abuse offender from a child victim, including evacuation, etc. from the residence of a child victim or a room occupied by him or her;

2. Restriction on the access of a child abuse offender to a child victim or his or her family members;

3. Restriction on the access of a child abuse offender a child victim or his or her family members through telecommunications defined in subparagraph 1 of Article 2 of the Framework Act on Telecommunications;

4. Entrusting a child victim to child welfare facilities or welfare facilities for persons with disabilities for protection;

5. Entrusting a child victim to medical institutions for treatment;

5-2. Entrusting a child victim to a specialized child protection agency, counseling center etc., for counseling and treatment;

6. Entrusting a child victim to his or her relatives, etc. for foster care;

7. Restriction on or suspension of the exercise of parental authority over a child victim by a person having parental authority who is a child abuse offender;

8. Restriction on or suspension of the exercise of guardian’s authority over a child victim by a guardian who is a child abuse offender;

9. Decision in substitution for the expression of will by a person having parental authority or a guardian.

(2) The head of a specialized child protection agency may request the Mayor/Do Governor or the head of a Si/Gun/Gu to request the child victim protection order under paragraph (1). In such cases, the Mayor/ Do Governor or the head of a Si/Gun/Gu shall promptly process the request, and notify the head of the specialized child protection agency of the result of the processing within 15 days from the date of receipt of the request. <Added on Mar. 24, 2020>

(3) Dispositions specified under paragraph (1) may be made concurrently. <Amended on Mar. 24, 2020>

(4) Where a judge issues a child victim protection order under the subparagraphs of paragraph (1), a child victim, his or her legal representatives, a prosecutor, an attorney-at-law, a City/Do Mayor, the head of a Si/Gun/Gu, or the head of a specialized child protection agency may express necessary opinions to the competent court. <Amended on Mar. 24, 2020; Dec. 20, 2024>

(5) Where a judge issues a child victim protection order under paragraph (1)7 or 8, Article 23 shall apply mutatis mutandis to the appointment of a person who shall temporally conduct the duties of guardian during the period of the child victim protection order, etc. <Amended on Mar. 24, 2020>

(6) Standards for child welfare facilities, medical institutions, specialized child protection agencies, counseling centers, relatives, etc. to which a child victim can be entrusted under paragraph (1)4, 5, 5-2, or 6, the procedures for entrustment, the implementation of entrustment, and other necessary matters, shall be prescribed by the Supreme Court Regulations. <Amended on Dec. 19, 2017; Mar. 24, 2020>

(7) When a judge issues a child victim protection order under paragraph (1)5-2, he or she may have a protector of the victim participated in the procedure if he or she deems necessary. <Added on Dec. 19, 2017; Mar. 24, 2020>

ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF CHILD ABUSE CRIMES

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Relationship to other statutes) #

Article 4(Murder by child abuse and death resulting from child abuse) #

Article 5(Abuse of, and aggravated bodily injury on, children) #

Article 6(Habitual offenders) #

Article 7(Aggravated punishment of persons engaged in child welfare facilities) #

Article 8(Concurrent imposition of punishment and order to undergo education) #

Article 9(Application for loss of parental authority) #

Article 10(Obligation to report child abuse crimes and procedures therefor) #

Article 10-2(Prohibition on unfavorable measures) #

Article 10-3(Protective measures for reporters of crime of child abuse) #

Article 10-4(Special cases concerning criminal complaints) #

Article 11(Moving to scene of crimes) #

Article 11-2(Investigation) #

Article 12(Emergency measures concerning child victims) #

Article 13(Urgent ad hoc measures concerning child abuse offenders) #

Article 14(Requests for ad hoc measures) #

Article 15(Requests for ad hoc measures after emergency measures or urgent ad hoc measures) #

Article 16(Special cases concerning appointment of attorney-at-laws for child victims) #

Article 17(Application mutatis mutandis) #

Article 17-2(Measures for personal safety of witnesses) #

Article 17-3(Special cases concerning handling of child abuse cases against teachers) #

Article 18(Jurisdiction) #

Article 19(Ad hoc measures concerning child abuse offenders) #

Article 20(Notification of ad hoc measures) #

Article 21(Execution of ad hoc measures) #

Article 22(Change of ad hoc measures) #

Article 23(Persons to temporally conduct duties of guardian) #

Article 24(Transfer of cases by judicial police officers) #

Article 25(Investigation before decisions by prosecutors) #

Article 26(Conditional suspension of prosecution) #

Article 27(Handling of child protection cases) #

Article 28(Transfer of cases by prosecutors) #

Article 29(Transfer of cases by courts) #

Article 30(Handling of child abuse offenders in cases of transfer) #

Article 31(Warrant of transfer) #

Article 32(Transfer) #

Article 33(Effects of protective order) #

Article 34(Suspension and effects of prescription of public prosecution) #

Article 35(Duty of confidentiality) #

Article 36(Decision on protective orders) #

Article 37(Periods of protective orders) #

Article 38(Execution of decisions of protective orders) #

Article 39(Presentation of reports and opinions) #

Article 40(Revision of protective orders) #

Article 41(Revocation of protective orders) #

Article 42(Termination of protective orders) #

Article 43(Apportioning expenses) #

Article 44(Application mutatis mutandis) #

Article 45(Complaints and further complaints) #

Article 46(Jurisdiction over child victim protection order cases) #

Article 47(Child victim protection orders by family court) #

Article 48(Assistants) #

Article 49(Court-appointed assistants) #

Article 50(Execution, revocation, and alteration of child victim protection orders) #

Article 51(Period of child victim protection order) #

Article 52(Ad hoc protection orders for child victims) #

Article 53(Investigations of current status of compliance) #

Article 54(Concurrent examination) #

Article 55(Training for anti-child abuse officials) #

Article 55-2(Request for data and interview) #

Article 56(Application mutatis mutandis) #

Article 57(Complaints and further complaints) #

Article 58(Provisions for delegation) #

Article 59(Non-compliance with protection orders) #

Article 60(Forceful demand to victims) #

Article 61(Crimes of obstructing performance of duties) #

Article 62(Violation of duties of confidentiality) #

Article 62-2(Crimes of violating prohibition on unfavorable measures) #

Article 63(Administrative fines) #

Article 64(Legal fiction as public officials for purposes of penalty provisions) #