Session
National Report
Para 12) … The Government organized a private-public-military joint committee to prevent sexual abuse in the military in 2021 and drafted recommendations for the prevention of sexual abuse in the military and victim protection and support. In 2022, the Ministry of National Defense and the military established organizations for the prevention of and response to sexual violence to deal with relevant cases, and in order to protect and support victims, the number of sexual grievance counselors in the military was increased. Also, through a newly inserted provision on perpetrator-victim separation, the Government streamlined the procedures and established the guidelines on dealing with collateral damage. The full-scale investigation on the actual status of sexual violence in the military is being conducted every year since 2022, and mobile applications for anonymity and integrated case management are under development. For the fundamental improvement of the military culture, the Government has been developing and operating various programs and gender-sensitive education courses reflecting the job characteristics of military ranks.
Para 29) In order to respond to digital sex crimes, the Government has prepared and implemented measures jointly with relevant ministries. The Ministry of Gender Equality and Family (MOGEF) opened the Digital Sex Crime Victim Support Center in April 2018 to support victims of digital sex crimes, providing comprehensive services such as support for the deletion of illegally filmed videos, 24-hour counseling and connection with legal and medical support. In addition, since 2021, it provides tailored healing and recovery programs to the victims of digital sex crimes by operating regional-level counseling centers. Meanwhile, the Sexual Violence Prevention and Victims Protection Act was amended (enforced in July 2021) to expand the eligibility of those who can request the deletion of illegally filmed videos circulating online from victims themselves to their lineal relatives, siblings, and representatives. Regarding sexual exploitation videos of children and adolescents, a legal ground for preemptive support for deletion thereof, even without the request of the victim, was made to strengthen the protection of child and adolescent victims. In addition, for digital sex crime prevention education, content for each grade in elementary, middle and high schools were produced in 2021 and an education platform was opened in 2022 to provide related content free of charge. The MOJ amended the Act on Special Cases Concerning the Punishment of Sexual Crimes to insert the provision on punishment against the acts of producing and distributing “deepfake” videos, etc., which have sexually edited the body of a specific person, etc., and possessing and watching illegally filmed sexual videos (enacted in June 2020), while the statutory punishment related to illegally filmed videos was strengthened (enacted in May 2020). From 2020, the Korea Communications Commission reinforced the obligation of internet business operators to delete digital sex crime videos and prevent their distribution by imposing the obligations on internet business operators of a certain size to immediately delete illegally filmed videos, etc., and to take technical and managerial measures to prevent the distribution thereof. (SDG 5.2, 16.1)
Para 30) By operating counseling centers and protection facilities, the Government provides counseling and protection, requests necessary cooperation and support to legal aid institutes, and provides shelter and meals for victims of sexual violence. Through one-stop centers , the Government provides 24/7 counseling, medical services and investigation support for the victims of sexual violence, domestic violence and sex trafficking.
Para 37) To eradicate sexual violence against children, the Government amended the relevant laws in 2020 to exclude the application of the statute of limitations to the crime of sexual intercourse with or molestation of a person under the age of 13, increase the age limit for sexual acts deemed as rape against minors from 13 to 16, punish preparations and conspiracies of serious sexual crimes, such as rape, and increase the statutory punishment of indecent acts by compulsion against a person under the age of 13.
Para 63) The Government has granted “other” status of residence (G-1) from 2013 to foreign victims of crimes such as sexual violence and human trafficking, to ensure a stable stay until the right remedy procedures, such as investigations and lawsuits, are completed. Legal aid is provided to victims of domestic and sexual violence free of charge.
State under Review
Issues
National Report
Stakeholder Summary
Para 66) HRW stated that violence, sexual harassment and online gender-based violence against women and girls remained widespread. Similarly, JS2 noted a rise in gender-based violence and cyber-crimes against women and girls, including sexual violence, harassment and bullying on digital platforms such as Telegram and on social media.
Para 67) JS2 stated that the National Assembly had adopted a law, which came into force in 2021 and subjected online platforms to criminal punishment if they did not stop the circulation of digital content involving sexual crimes on their platforms. The Government established a government-led support system for the victims. However, it was not effectively implemented, and the support centres remained understaffed or did not have the trained staff to provide the required support to victims. Victims of cyber-sex crimes were reportedly not able to receive effective redress due to flaws in the prosecution processes, and inadequate punishments for cases that resulted in convictions.
Stakeholder Summary