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Violation of the Act on Special Cases concerning the Punishment of Sexual Crimes (illegal filming using a camera)
Violation of the Act on Special Cases concerning the Punishment of Sexual Crimes (illegal filming using a camera)Suspension of indictment

Employment Restriction for Sex Offenders | A Sex Crimes Attorney Who Prevented an Employment Restriction Through a Suspension of Indictment on an Illegal Filming Charge

The client, who faced the prospect of an employment restriction for sex offenders, requested the assistance of a sex crimes attorney.

The sex crimes attorney responded to the illegal filming charge, obtained a suspension of indictment, and defended against the employment restriction disposition.

1. Employment Restriction for Sex Offenders | The Story of the Client Who Came to the Sex Crimes Attorney

Employment restriction for sex offenders employment of sex offenders suspension of indictment for a sex crime sex crimes attorney consultation illegal filming


An employment restriction for sex offenders goes beyond the issue of a fine or criminal punishment and can affect future employment and social life as a whole, so a prompt response is necessary.

In the client's case as well, a swift response was important.

The Client's Story

The client was a job seeker in his mid-twenties, and a problem arose while he was continuing a personal relationship with a victim he had come to know through an introduction by an acquaintance.

While spending time with the victim, the client, on a momentary impulse, used his mobile phone camera function to film part of the victim's body and a scene of sexual intercourse.

After belatedly confirming that the filming had taken place, the victim reported the client to the police, expressing severe psychological distress.

The police assessed the case as a violation of the Act on Special Cases concerning the Punishment of Sexual Crimes.

Suddenly cast as a sex crime suspect, the client faced digital forensics procedures and a police investigation.

In particular, because the client was preparing for employment with a public institution, he felt great anxiety about the possibility of a sex crime criminal record and an employment restriction order for sex offenders, and requested a legal consultation with a sex crimes attorney.

2. Employment Restriction for Sex Offenders | Key Strategy

Having closely reviewed the situation of the client, for whom the possibility of an employment restriction for sex offenders was at issue, the sex crimes attorney prepared a response strategy centered on securing sentencing factors and on recovery of the harm.

Sex Crime Attorney, Response to the Investigative Agency and Submission of a Written Opinion

The sex crime attorney supported the client in responding to questioning by organizing anticipated questions and the direction of the statement before the police investigation.

The attorney also submitted a defense counsel's written opinion to the investigative agency, explaining in detail that the recorded material had not been externally distributed and that this was a first offense.

Sex Crime Attorney, Amicable Settlement Reached With the Victim

In the early stage of the case, the victim refused any direct contact with the client.

In response, the sex crime attorney communicated carefully with the victim's side, conveyed an apology, and coordinated the procedures for the victim's recovery.

As a result, the victim expressed an intention not to seek punishment, and the sex crime attorney submitted a formal statement of no desire for punishment and urged that it be reflected in sentencing.

Sex Crime Attorney, Submission of Materials Showing Reflection and Prevention of Reoffending

After the incident, the client deeply reflected on his conduct and participated in counseling and an educational program.

The sex crime attorney systematically organized the client's records of participation in the educational program, a handwritten letter of reflection, counseling records, a family petition, and documentation of his social ties, and emphasized the need for leniency.

3. Employment Restriction for Sex Offenses | Result of the Sex Crime Attorney's Assistance, 'Suspension of Indictment'

In this case, where there had been concern over employment restrictions arising from a sex offense, the prosecution rendered a suspension of indictment on the condition of education for the client.

While the prosecution found that the act of filming itself was unlawful, it also took into account that the client was a first-time offender, that he had reached an amicable settlement with the victim, and that his reflection and efforts to prevent reoffending had been confirmed.

The client was able to relieve some of the burden associated with criminal punishment as well as the previously feared sex offense record and employment restriction, and he was subsequently able to return to daily life.

4. Employment Restriction for Sex Offenses | Level of Punishment for the Sex Offense Charge and the Employment Restriction Disposition

A case involving employment restriction for a sex offense does not end with criminal punishment but may extend to social disadvantages, so systematic response is necessary from the early stage of the case.

Level of Punishment for the Crime of Illegal Filming Using a Camera

For the crime of illegal filming using a camera, the level of punishment may vary depending on whether the recorded material was stored, transmitted, or distributed.

Category

Description

Level of Punishment

Illegal filming

Filming the body without consent

Imprisonment of up to seven years or a fine of up to 50 million won

Distribution of recorded material

Distributing, selling, or providing recorded material

Distribution for profit

Distribution using an information and communications network

Imprisonment for a definite term of at least three years

Habitual offender

Repeated offenses

Aggravation by up to one half of the sentence


In particular, recent cases increasingly involve the confirmation of even deleted files and transmission records through digital forensic investigation, showing a tendency toward an expanded scope of investigation.

In addition, an illegal filming offense may lead to further disadvantages beyond criminal punishment, such as registration as a sex offender and an order of employment restriction for sex offenses, so an early response is important.

The Employment Restriction System for Sex Offenses

The employment restriction system for sex offenses restricts a person with a record of a sex offense from being employed by, or operating, institutions related to children and youth for a certain period.

Taking into account the nature of the offense, the risk of reoffending, and the degree of harm, the court may impose an employment restriction order for up to ten years.

Representative institutions subject to employment restriction for sex offenses are as follows.

Type of Institution

Examples Subject to Employment Restriction

Educational institutions

Kindergartens, elementary, middle, and high schools, and universities

Childcare facilities

Daycare centers and comprehensive childcare support centers

Youth facilities

Youth training centers, youth culture houses, and specialized sex education institutions for children and youth

Child welfare facilities

Community child centers and child protection agencies

Education-related businesses

Private academies, tutoring institutes, and private tutoring

Sports facilities

Swimming pools, athletic gyms, and the like

Medical and care institutions

Medical institutions and child care service agencies

Other facilities

Internet cafes, security duties at apartment complex management offices, counseling centers for victims of commercial sex, and the like

Why the Assistance of an Attorney Is Necessary

Digital sex crime cases have the characteristic that mobile phone forensics and the securing of online records proceed quickly.

In addition, the content of statements made during the investigation stage, whether the harm has been remedied, and efforts to prevent reoffending may affect the outcome of the case, so an early response strategy is important.

Because, depending on the circumstances, even whether an employment restriction order for a sex offense will be imposed may be reviewed, it is necessary to systematically organize the background of the case and the sentencing factors through a 🔗legal consultation appointment with a sex crime attorney and to respond accordingly.

The areas in which a sex crime attorney can assist are as follows.


• Assistance with the direction of statements and with responding to questioning before the police investigation



• Digital forensics and electronic evidence analysis and the establishment of a response strategy (in cooperation with the 🔗Digital Forensics Center)



• Support with the settlement procedure and the conveyance of intentions with the victim



• Review of further disadvantages, such as employment restriction for sex offenses and registration of personal information



• Preparation and submission of sentencing materials, such as a letter of reflection and a petition


Daeryun, the ninth-largest law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), helps resolve cases through the systematic strategies of legal experts across multiple fields.

성범죄취업제한 | 카촬죄 혐의, 기소유예로 취업제한 막아낸 성범죄변호사

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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