UPR Sexual Rights Database

National Report:
Para 59) The Government provides services to migrant women who are victims of domestic violence through the Emergency Support Centre for Migrant Women, founded in 2006. Since 2014, the services became available in 13 different languages. Since April 2014, through the Danuri Helpline, the Government provides a one-stop emergency counselling service on life in Korea and domestic violence report. The Shelter for Migrant Women provides safe protection to migrant women who are victims of domestic violence and their accompanying children and provides assistance for counselling, medical treatment, legal advice, and departure. The average number of persons protected at the centre increased from 17 in 2008 to 271 in 2016. Furthermore, special provisions are written into the Immigrant Act to permit extension of a migrant’s stay in the ROK if the person is a victim of domestic violence, sexual violence, human trafficking, or other forms of violence committed in the country and is in the process of seeking a trial, an investigation by an investigative agency, or other medical procedures, so as to enable the victims to resort to judicial proceedings with confidence.

UN Compilation:
Para 55) ... The Committee on the Elimination of Racial Discrimination noted that migrant women who were subject to domestic and/or sexual violence often did not report such crimes due to fear of losing their legal resident status.

Stakeholder Summary:
Para 12) Female migrants holding E-6 visas (arts and entertainment) were reportedly facing high risk of being exposed to sexual exploitation.
Para 77) ... JS2 stated that female migrant workers frequently suffered from sexual harassment and violence.

National Report:
Para 50) Domestic violence is prosecuted in accordance with the Criminal Act and the Special Act on Punishment of Crimes of Domestic Violence and Others, the latter of which stipulates imposing protective disposition on perpetrators of domestic violence for the purpose of change of environment and correction of behavior. The amendments of the Special Act in October 2011 grant emergency intervention authority to judicial public officers in order to ensure speedy protection of victims and allow victims to directly request protection to the court. Starting January 2012, sexual crimes, including rape, against family members are accommodated in the scope of domestic violence, making their victims eligible for the protective services provided to victims of domestic violence, which include counseling sessions, housing at shelters, assistance for medical care, and education for independence and rehabilitation. The amended Act on the Prevention of Domestic Violence and Protection of Victims and Others effective from May 2012 gives police officers, when dispatched to the scene of domestic violence, the authority to enter and investigate the crime scene to protect victims. It enables effective early response by police officers against domestic violence. In addition, the Government stepped up its efforts to raise awareness of the fact that domestic violence is a crime that is punishable by law, not a private matter.

Para 75) Under the current criminal justice system, most sexual crimes, including any sexual crimes against children, juveniles under the age of 19, and persons with disabilities, are subject to investigation and prosecution. Only certain types of sexual crimes against adults, including rape and indecent assault, that do not accompany any physical injury, require complaints filed by the victims to be criminally investigated. Careful consideration of the protection of the victims' privacy shall be given to whether or not the requirement of filing complaints for sexual crimes against adults in order to be subject to criminal justice proceedings should be abolished.