Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Act on Special Cases concerning the Punishment of Child Abuse Crimes and matters necessary for enforcing that Act.
Article 2(Principle of protection of child victims) #
Where a prosecutor, judicial police officer, probation officer, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), an anti-child abuse official defined in Article 22 (4) of the Child Welfare Act (hereinafter referred to as "anti-child abuse official"), or the head or an employee of a specialized child protection agency referred to in Article 45 of the Child Welfare Act (hereinafter referred to as "specialized child protection agency") issues a disposition or makes a request under the Act on Special Cases concerning the Punishment of Child Abuse Crimes (hereinafter referred to as the "Act"), he or she shall give the utmost priority to the safety, protection, and interest of a child victim, his or her siblings, and a child living with the child victim. <Amended on Sep. 29, 2020>
Article 3(Formulation of policies for preventing recidivism of child abuse offenders) #
The Minister of Justice shall formulate policies for preventing the recidivism of child abuse offenders, including the development of programs necessary for the implementation of course attendance orders and program completion orders provided for in Article 8 (1) of the Act, the nurturing of related experts, etc.
Article 4(Case management meetings) #
(1) In order to take any of the following measures, the prosecutor may hold a case management meeting (hereinafter referred to in this Article as the "meeting") which is comprised of anti-child abuse officials, the heads of specialized child protection agencies, the heads of entrusted institutions referred to in the main clause of Article 36 (5) of the Act (hereinafter referred to as "entrusted institution"), judicial police officers, probation officers, doctors, attorneys-at-law, child welfare officials defined in Article 13 of the Child Welfare Act and hear their opinions, etc.: <Amended on Jun. 20, 2025>
1. Request for ad hoc measures under Articles 14 and 15 of the Act;
2. Request for extension of the duration of the interim measure, change of its type and revocation in accordance with Article 22 (2) of the Act;
3. Transfer of child protection cases under Article 28 of the Act;
4. Request for the revision, revocation, or termination of protective orders under Articles 40 through 42 of the Act;
5. Request for child victim protection order under Article 47 of the Act;
6. Request for revocation of a child victim protection order, alteration of the type thereof, and extension of the period thereof under Articles 50 and 51 of the Act;
7. Other measures deemed necessary by the prosecutor, such as support for child victim, etc.
(2) Members of a meeting may submit or report the results of investigation, materials, etc. necessary for the meeting. <Amended on Jun. 20, 2025>
(3) The prosecutor may request any member of the meeting to submit or report the results of investigation, materials, etc. if necessary for the operation of the meeting. <Amended on Jun. 20, 2025>
Article 5(Hearing opinions of child victims) #
(1) Where a child victim, etc. is delivered or entrusted to a facility or institution, such as a protective facility, medical institution, or child welfare facility, or is delivered to his or her relative under Article 12 (1) 5 of the Act in accordance with an emergency measure under Article 12 of the Act or a child victim protection order under Article 47 of the Act, an anti-child abuse official or judicial police officer may regularly visit the child victim, etc. in order to mediate communication between the child victim and his or her guardian, to hear opinions regarding the condition of the child victim, etc.; provided, the mediation of communication between the child victim and his or her guardian shall be done only when the child victim wants it. <Amended on Sep. 29, 2020; Jun. 20, 2025>
(2) An anti-child abuse official or judicial police officer shall endeavor to create an environment in which a child victim, etc. can feel comfortable and talk when he or she mediates communication or hears opinions pursuant to paragraph (1). <Amended on Sep. 29, 2020>
(3) Where it is necessary for the submission of materials under Article 25 (4) of the Act, for the submission of reports or written opinions under Article 39 of the Act, or for the investigation of the current status of compliance under Article 53 (1) of the Act, Mayors/Do Governors, the head of a Si/Gun/Gu, home protection case investigators, court officials, judicial public officers, probation officers, the head of a specialized child protection agency, or the head of an entrusted institution may request the head of a protective facility, the head of a medical institution, the head of a child welfare facility, etc. to submit materials related to a child victim, etc. or a child abuse offender. <Amended on Sep. 29, 2020>
[Title Amended on Sep. 29, 2020]
Article 5-2(Criteria for relatives, etc.) #
Relatives, etc. under Article 12 (1) 5 of the Act shall be those who wish to receive the victim child, etc. among persons who have a special connection to the victim child, etc., such as relatives of the victim child, etc. or persons with a history of protecting and raising the victim child, etc.
[Added on Jun. 20, 2025]
Article 5-3(Procedures for delivering child victims to relatives) #
(1) Where a judicial police officer or an anti-child abuse official intends to deliver a child victim, etc. to relatives, etc. under Article 5-2 (hereinafter referred to as "relatives, etc.") in accordance with Article 12 (1) 5 of the Act, he or she may ask the relatives, etc. about the following matters to determine whether it is appropriate to deliver the child victim, etc. to the relatives:
1. Relationship between the child victim, etc. and the relatives, etc.;
2. History of protecting and raising the victim child, etc.;
3. Relationship between the child abuse offender and the relatives, etc.;
4. Criminal records of the relatives, etc.;
5. Other matters necessary for the protection of the child victim, etc.
(2) Where a judicial police officer or an anti-child abuse official transfers a child victim, etc. to his or her relatives, etc., he or she shall inform the relevant relatives, etc. of the following matters in advance:
1. The fact of notification under Article 12 (2) of the Act;
2. Matters regarding the period of emergency measures under Article 12 (3) and (4) of the Act;
3. Matters regarding the submission of written consent to inquiry into criminal records under paragraph (3);
4. Matters to be observed by the relatives, etc. under paragraph (5).
(3) A judicial police officer or an anti-child abuse official shall, before delivering a child victim, etc. to his or her relatives, etc. in accordance with Article 12 (1) 5 of the Act, check a written consent to inquire into criminal records prescribed by Decree of the Ministry of Justice submitted by the relevant relatives, etc. to verify whether the relative, etc. have a criminal record prescribed in Appendix 1 in accordance with the following classification. In such cases, the head of a police office in receipt of a request for inquiry into criminal records under subparagraph 2 shall comply with such request unless there is a compelling reason not to do so:
1. Where a judicial police officer makes the handover: The judicial police official personally verifies the criminal history records of the relatives, etc.;
2. Where an anti-child abuse official makes the handover: The anti-child abuse official requests a criminal history record check from the head of the police station (except in cases where a judicial police officer has already made a criminal history record check in accordance with subparagraph 1), along with a written consent to criminal history record check submitted by the relatives, etc.
Article 6(Training for specialized child protection agencies) #
Training for anti-child abuse officials, judicial police officers, and employees of specialized child protection agencies prescribed in Article 55 of the Act shall include the following: <Amended on Sep. 29, 2020; May 18, 2021>
1. Policies for preventing child abuse crimes;
2. Statutes related to child abuse crimes;
3. Liaison with related agencies for work performance;
4. Investigative methods for the protection of child victims;
5. Other matters for enhancing the expertise of anti-child abuse officials, judicial police officers, and employees of specialized child protection agencies.
[Title Amended on Sep. 29, 2020]
Article 7(Management of sensitive information and unique identifying information) #
(1) Where it is inevitable to conduct the following duties, the heads of the related administrative agencies including the Minister of Justice, prosecutors, the director of a probation office, the director of a correctional facility, judicial police officers, probation officers, Mayors/Do Governors, the heads of Sis/Guns/Gus, anti-child abuse officials, the head and employees of a specialized child protection agency, the head and employees of a child welfare facility, the head and employees of a foster home supporting center, and the head and employees of an entrusted institution may manage materials which include information on health and sex life referred to in Article 23 of the Personal Information Protection Act, information corresponding to genetic data and criminal records prescribed in subparagraphs 1 and 2 of Article 18 of the Enforcement Decree of that Act, and resident registration numbers, passport numbers, driver's license numbers, or foreigner registration numbers prescribed in Article 19 of that Enforcement Decree: <Amended on Sep. 29, 2020; May 18, 2021; Jun. 20, 2025>
1. Duties related to the execution of a course attendance order or a program completion order under Article 8 of the Act;
2. Duties related to a request for adjudication on the loss of parental authority or for trial for the replacement of a guardian, etc. under Article 9 of the Act;
3. Duties related to an investigation or inquiry under Article 11 (2) and (3) and Article 11-2 of the Act;
4. Duties related to emergency measures under Article 12 of the Act;
5. Duties related to urgent ad hoc measures under Article 13 of the Act;
6. Duties related to a request for ad hoc measures under Articles 14 and 15 of the Act;
6-2. Duties related to handing of opinions submitted by the competent superintendent under Article 17 (3) of the Act;
7. Duties related to notifying the implementation status of temporary measures under Article 21 (2) of the Act;
8. Duties related to a request for change of ad hoc measures under Article 22 (3) of the Act;
9. Duties related to the presentation of opinions concerning the temporary appointment of a guardian under Article 23 (2) of the Act (including cases which this is applied mutatis mutandis under Article 36 (4), 47 (5), or 52 (3) of the Act);
10. Duties related to the investigation, submission of materials, etc. before a decision is made under Article 25 of the Act;
Article 8(Criteria for imposition of administrative fines) #
The criteria for imposing administrative fines under Article 63 (1) of the Act shall be as specified in Appendix 2. <Amended on Jun. 20, 2025>