CONTENTS
- 1. Act on the Protection of Children and Youth against Sexual Abuse | The Circumstances of the Case of the Client Who Was Charged
- - Detailed Account
- 2. Act on the Protection of Children and Youth against Sexual Abuse | This Firm's Assistance
- - Violation of the Act on the Protection of Children and Youth against Sexual Abuse, the Outcome
- 3. Act on the Protection of Children and Youth against Sexual Abuse | The Concept and the Level of Punishment
- - Relevant Legal Provisions
- 4. Act on the Protection of Children and Youth against Sexual Abuse | Key Points for Responding to an Alleged Violation
- - Systematic Assistance and Response by Daeryun LLC
1. Act on the Protection of Children and Youth against Sexual Abuse | The Circumstances of the Case of the Client Who Was Charged
The client, who was charged with a violation of the Act on the Protection of Children and Youth against Sexual Abuse, explained that everything occurred when the client came to meet the other party through an open chat.
Detailed Account
As for the detailed circumstances, while exchanging messages through an open chat, the client naturally arranged a meeting after the other party said they wanted to have a drink, and a motel was booked.
After arranging the meeting, the client personally drove to meet the other party.
The other party demanded that the memory built into the dashboard camera of the client's vehicle be removed.
In addition, upon entering the motel, the other party continued with highly inappropriate behavior and demands for money, and even undressed in the bathroom and came out without the client's consent.
Sensing that something was wrong, the client reported the matter to the police. However, the police initiated investigative proceedings, stating that the two parties' statements differed and that the other party claimed to have been raped by the client.
As a result, the client came to face an allegation of violating the Act on the Protection of Children and Youth against Sexual Abuse.
2. Act on the Protection of Children and Youth against Sexual Abuse | This Firm's Assistance
The client, who was charged with a violation of the Act on the Protection of Children and Youth against Sexual Abuse, immediately requested this firm's assistance, and accordingly we constructed a response strategy as follows.
1) Analysis of the recording transcript through collaboration with the Evidence Examination Center (a partner company)
The client, who sensed something was wrong at the time of the incident, recorded the situation at the time on a mobile phone. Accordingly, the client submitted the recording file as evidence, and this firm, through collaboration with the Evidence Examination Center, analyzed the recording file and secured evidence that the victim had repeatedly said things such as 'you put it in' and 'you did it' even though the relevant fact had not occurred.
2) The victim's false statements
When the client reported the matter to the police, we emphasized the client's innocence by asserting the fact that the victim had made a false statement to the effect that 'the client distributed a video of a sexual relationship with the victim' and had demanded money and threatened the client.
3) Accompanying the client to police questioning and coaching the statements
We organized into a written opinion the fact that the victim had torn the client's clothes and broken the client's glasses, and accompanied the client to the police questioning, assisting the client to consistently state the point that the client, who first felt fear due to the incomprehensible conduct, made the report in order to protect themselves.
Violation of the Act on the Protection of Children and Youth against Sexual Abuse, the Outcome
The court, comprehensively considering the point that the victim first arranged the meeting with the client, the point that the client actively reported first at the time of reporting, and the point that, through the recording transcript, no fact of intercourse had occurred, issued a non-referral (no suspicion of crime) disposition.
This was an outcome that could be achieved through systematic securing of evidence from the early stage and the maintenance of consistent statements.
The client was able to avoid an actual custodial sentence and conveyed the words, "Thank you for believing in my sincerity to the end and helping me."
3. Act on the Protection of Children and Youth against Sexual Abuse | The Concept and the Level of Punishment
The Act on the Protection of Children and Youth against Sexual Abuse is a special act enacted to protect children and youth from sexual exploitation, abuse, and inducement, and to assist in the recovery and rehabilitation of victims.
According to Article 1 of the Act on the Protection of Children and Youth against Sexual Abuse, the purpose of this Act is 'to provide for the punishment of sex crimes against children and youth and for the procedures for the protection and support of victims, so that children and youth may grow into healthy members of society'.
Relevant Legal Provisions
The term children and youth refers to persons under 19 years of age, and it emphasizes the need for protection arising from their physical and mental immaturity.
(1) A person who rapes a child or youth through violence or intimidation shall be punished by imprisonment for life or for a definite term of at least five years.
(1) Where a person 19 years of age or older, by taking advantage of the destitute condition of a child or youth who is at least 13 but under 16 years of age (excluding a disabled child or youth under 16 years of age under Article 8; the same shall apply in this Article hereinafter), has sexual intercourse with the relevant child or youth or causes the relevant child or youth to have sexual intercourse with another person, that person shall be punished by imprisonment for a definite term of at least three years.
In addition to criminal punishment, security measures such as an order of public disclosure and notification of personal information, registration of personal information, attachment of an electronic anklet, and an order to attend sex education may also be imposed.
4. Act on the Protection of Children and Youth against Sexual Abuse | Key Points for Responding to an Alleged Violation
If an allegation of violating the Act on the Protection of Children and Youth against Sexual Abuse is established, a person may face not only criminal punishment but also a civil claim for damages from the victim, as well as security measures for sex offenses.
The key points for responding are as follows.
▸ Pointing out contradictions in the victim's statement: Identifying and rebutting points that are inconsistent regarding the timing, place, and specific circumstances of the statement, or that conflict with objective facts
▸ Establishing an alibi: Securing CCTV footage, transit card records, call records, witness statements, and other materials that prove the person was not present at the relevant time and place
▸ Raising the possibility of a false complaint: Since there have been cases in which a false complaint was filed due to personal conflict or financial reasons, analyzing the motive and explaining it to the investigative agency
Systematic Assistance and Response by Daeryun LLC
A violation of the Act on the Protection of Children and Youth against Sexual Abuse is a serious matter in which a crime may be established regardless of the victim's express consent, and the direction of a case can change significantly depending on how it is handled in the early stages of the investigation.
In particular, the consistency of statements, whether evidence has been gathered, and the legal interpretation of the facts directly affect the outcome. For this reason, an emotional response or a fragmentary explanation alone is often insufficient.
Daeryun LLC responds to cases by forming a task force of 1 to 20 members, centered on criminal law specialist attorneys who have handled criminal cases involving alleged violations of the Act on the Protection of Children and Youth against Sexual Abuse, together with evidence investigation specialists who hold detective qualifications.
We analyze the issues at each stage of the investigation and establish a response strategy suited to the circumstances of the case by carrying out the securing of objective materials and the review of legal principles in parallel.
If you are in a situation that requires an investigation or response regarding an alleged violation of the Act on the Protection of Children and Youth against Sexual Abuse, please confirm the issues of your case and the response strategy through a 🔗criminal attorney legal consultation reservation.
Daeryun, the ninth-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), helps resolve cases through the systematic strategies of legal specialists across multiple fields.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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