Act on the Protection of Children and Youth against Sexual Abuse

Under the Act on the Protection of Children and Youth against Sexual Abuse, the term children and youth refers to persons under the age of 19.

Among children and youth, sexual intercourse or indecent acts against a person under the age of 13 (or, where the offender is 19 or older, a person aged 13 to under 16) are punished as rape, indecent act by compulsion, or similar offenses. Such offenses are subject to no statute of limitations and are punished more severely than ordinary sexual offenses.

-Rape, indecent act by compulsion, and related conduct: This includes rape or indecent act by compulsion committed against children and youth, as well as the preparation or conspiracy for such acts.

-Offenses against children and youth with disabilities: Conduct such as sexual intercourse committed against children and youth with disabilities is regulated separately.

-Sexual intercourse and related conduct against persons aged 13 to under 16: Even where the other party expressly consents, the conduct constitutes an offense if deceit or coercion was used.

-Offenses related to sexual exploitation material: The production, distribution, possession, and viewing of obscene material featuring children and youth, as well as threats and coercion, are all subject to punishment.

-Offenses related to prostitution: Purchasing sex, arranging, soliciting, or coercing it are all defined as offenses.

-Conversation for the purpose of sexual exploitation: Merely attempting a sexual conversation on social media or a messenger application may be punishable.

-Special rape, attempted special rape, and the preparation or conspiracy thereof: Offenses such as those involving the use of a weapon or committed by multiple persons are subject to aggravated punishment.

-Sexual offenses against relatives or persons with disabilities: Sexual violence committed against a family member or a person with a disability also constitutes a serious offense under the Act on the Protection of Children and Youth against Sexual Abuse.

-Offenses in crowded or multi-use places: Indecent acts or covert filming in public transportation or public places are also included.

-Obscene acts using telecommunication media and illegal filming: Filming or distribution using a mobile phone, camera, or similar device, as well as the production of fabricated material, also fall within this category.

-Rape, imitative rape, indecent act by compulsion, quasi-rape, and related conduct: Most sexual offenses regulated under the general Criminal Act are included.

-Sexual intercourse or indecent acts with a minor: If the victim is a minor, the conduct is treated as an offense regardless of consent.

-Sexual intercourse by abuse of authority: Sexual intercourse using one's position or relationship, such as that of a teacher or supervisor, is also included.

Sexual harassment, sexual abuse, and related conduct: Inducing obscene acts, sexual remarks or behavior, and inappropriate contact with a child are all subject to punishment.

The following examines methods of response from the perspective of a suspect in a violation of the Act on the Protection of Children and Youth against Sexual Abuse.

1. Caution regarding the initial statement

In cases under the Act on the Protection of Children and Youth against Sexual Abuse, the suspect's first statement often determines the direction of the case.

Before making a statement, the following must be considered.

-Clearly exercising the right to remain silent and the right to request the assistance of counsel
-The option to request that the statement be recorded
-Always confirming whether the situation is a voluntary accompaniment or an arrest or detention

2. Awareness of the other party's age as a point of dispute

In cases involving the purchase of sex or obscene material, the claim that one “believed the other party was an adult” may become a key point of defense. To establish this, the following evidence is effective.

-Messages or a profile in which the other party stated that they were an adult
-Whether the other party's account had been verified as belonging to an adult
-Materials indicating possible deception regarding age (intent to deceive)

3. Preserving records of conversations and photographs

Even where a conversation occurred unintentionally, it should be preserved as evidence rather than deleted.

4. Leaving the determination of whether material qualifies as child or youth sexual exploitation material to a professional

If it is unclear whether a video or image one has viewed or shared actually constitutes child or youth sexual exploitation material, it is safer to obtain a determination through digital forensics or legal advice.

1. Reporting to the police immediately

If sexual harm has occurred, the first priority is to report it immediately to 112 or the nearest police station.

In particular, in cases of online harm, securing evidence such as screenshots and ensuring a prompt investigation are necessary to prevent secondary harm.

2. Using victim protection systems

Institutions such as the Youth Sexual Protection Center and the Digital Sex Crime Victim Support Center can provide counseling and assistance with the removal of material.

3. Filing a civil claim for damages

A claim for consolation money may be filed against the offender in addition to criminal punishment.

1. Assistance with statements and design of the initial statement

In cases under the Act on the Protection of Children and Youth against Sexual Abuse, the most important point is the initial statement during the investigation.

If a suspect carelessly confesses or makes inconsistent statements before the investigating authority, this may operate to their disadvantage.

An attorney can advise the suspect of their rights, including the right to remain silent, the right of defense, and the right to request recording, and can prepare a written statement or opinion in advance to prevent unfavorable statements.

If the suspect is psychologically intimidated, accompanied questioning may also be requested so that the suspect can respond to leading questions or pressure to confess from the investigating authority.

2. A strategy for establishing a mistake regarding the other party's age

Because a sexual offense under the Act on the Protection of Children and Youth against Sexual Abuse is established solely on the basis of whether the victim is a child or youth, a legitimate claim of mistake, that “the suspect did not know and could not have known this,” may serve as a substantive point of defense.

3. Review of illegally obtained evidence and procedural violations in the investigation

In the seizure and search of digital devices and the forensic analysis procedure, it is necessary to carefully review whether the requirements for issuing a warrant were met, the manner of seizure, and any illegality in the storage and analysis process.

If there has been an unlawful seizure or search, an attorney can invoke the exclusionary rule for illegally obtained evidence to exclude the admissibility of key evidence.

4. Emphasizing factors in mitigation

A strategy is needed that emphasizes efforts to prevent recidivism and the sincerity of remorse by considering confession, a written apology, a settlement with the victim, and a treatment plan together.

In particular, where the person is a first-time offender and needs to continue their social activities, leniency may be requested by submitting an implementation plan for community service, attendance at educational programs, or completion of counseling.

1. Active use of confidential statements and procedural protection measures

Because child and youth victims are at high risk of secondary harm, it is important to promptly apply for the following protection measures from the early stages of the investigation.

2. Preparing a civil response to mental and economic harm

Alongside the criminal proceedings, preparing the civil procedure for a claim for damages (consolation money) is also essential.

-Securing psychological counseling records: Collecting treatment records, medical certificates, counseling logs, and similar materials to establish mental suffering
-Organizing receipts for medical and treatment expenses: Securing a record of costs for psychiatric treatment, psychological counseling, drug therapy, and the like
-Preparing a statement of the circumstances of the harm: Specifying the circumstances, time, place, and the offender's conduct, centered on the victim's statement

An attorney can consult with the victim and guardian on whether to proceed with civil litigation in parallel and can decide whether to file a claim for damages at an appropriate time.

3. A strategy for securing the credibility of the statement

Because the victim's statement may be the only evidence in a case under the Act on the Protection of Children and Youth against Sexual Abuse, securing the specificity and consistency of the statement is critical.

-Structuring the statement by time, place, and conduct: Organizing the statement in a specific and logical structure
-Preparing for repeated statements: Preparing in advance so that consistency is maintained across statements to the police, the prosecution, and the court
-Rehearsing in advance when a video statement is chosen: Reducing emotional shock during the statement and preventing omissions in its content

4. Prevention of secondary harm and measures to stabilize daily life

A victim may suffer from concerns about encountering the offender in daily life or from social stigma.

-Requesting a restraining order, communication blocking, or a transfer of school or facility: Such requests may be formally made to investigating authorities, educational institutions, and the like
-Considering a parallel criminal complaint for insult or defamation on social media or messenger applications
-Requesting a victim protection order or in-school protective measures: This may be coordinated with the office of education, the school principal, or counseling institutions

An attorney can advise the victim of their institutional rights for protection (such as a restraining order or referral to a protective facility) and, where necessary, can prepare written requests to administrative agencies on the victim's behalf.

Cases involving a violation of the Act on the Protection of Children and Youth against Sexual Abuse carry very high levels of punishment, and a person may be stigmatized as an offender even due to a simple mistake or a mistaken belief about the other party, so careful response is necessary.

In particular, from the suspect's perspective, the initial statement, preservation of evidence, and proof of a mistake regarding age become the central issues of the case, while from the victim's perspective, prompt reporting and use of protection systems become the starting point for recovery from the harm.

Our firm has formed a task force response team consisting of attorneys experienced in sexual offense cases, criminal cases, and civil cases to provide response strategies tailored to each client's situation.

In addition, through the firm's in-house psychological counseling center, we provide a one-stop service ranging from legal assistance to recovery in daily life.