The National Youth Commission, in September 2006, requested the National Human Rights Commission of Korea (NHRCK) to express its opinions on a proposal for overall amendment of the Juvenile Sex Protection Act. Upon the request, the NHRCK deliberated on the proposal and announced the findings on January 8, 2006.
The proposal drafted by the National Youth Commission, among others, △ includes boys in the scope of the objects of rape against children and adolescents; △ stipulates acts of quasi-rape against children and adolescents;△ prohibits judges from granting deferred sentences or probation for some sex crimes against children below the age of 13;△ adds a new provision to punish those merely possessing obscene material featuring a child or adolescent;△ makes sexual crimes against children and adolescents non-subject to complaint and removes the statutory limitation thereof; △ creates a system which in case the offender is a parent or legal guardian of the victim, the offender shall lose his/her parental prerogatives or be dismissed as a guardian; △ introduces a system of protective orders to protect victimized children and adolescents including the separation of the offender from the victim or eviction of the offender, limitation of the parent-offender" s parental authority, and restrictions on access to the victim; △ tightens the requirements for registration of personal information on perpetrators of sex crimes against children and adolescents, and allows freer public perusal thereof, and; △ imposes tougher restrictions on employment of perpetrators of sex crimes against children and adolescents.
The NHRCK decided to express approval of many of the aforementioned items of the proposal as follows: △ Considering that sexual offences against boys are also now commonly reported, the NHRCK approves the inclusion of boys in the scope of the objects of rape;
△ Considering that there is a strong need to fundamentally redefine the concept of rape against women as a criminal offense, the NHRCK approves the addition of the provision about quasi-rape; and △ Considering that the provision to classify sex crimes against children and adolescents as an offense subject to complaint, which was intended to protect the victims" privacy, in fact facilitates the cover-up of sexual assaults, and that sexual offences against children are not readily discovered and exposed, the NHRCK approves the new stipulation to make sexual crimes against children and adolescents non-subject to complaint and to terminate the statutory limitation thereof.
Furthermore, as for the provisions about offenders who are parents or guardians and protective orders, the NHRCK judges their purposes to be valid but notes that those systems will have a tremendous impact on victimized children and adolescents. The Commission stated that institutional supports should be designed carefully to rectify possible shortcomings of the systems.
With regard to the prohibition against deferred sentences and probation for certain sex crimes against children aged below 13, the NHRCK recommended the deletion thereof since it may excessively circumscribe judges" authority to impose penalties. The NHRCK also advised the National Youth Commission to delete the provision calling for punishment of those who simply possess obscene material featuring a child or adolescent, since numerous people could be found as criminals. However, the NHRCK suggested that punishment be imposed when such person has or carries such material intentionally through the purchase.
Public disclosure of certain personal information of sexual offenders has been controversial. With regard to a sex offender registration system, the Commission agreed with the revision where the public disclosure online was abolished; the sex offender registration system was strengthened especially for children and adolescents rape crimes and; the perusal was allowed only by guardians and parents of teenagers.
However, the Commission recommended that such sensitive information as DNA test results be excluded from the information to be registered.
Finally, as for the employment restrictions on perpetrators of sex crimes against children or adolescents, the NHRCK recognized the validity of the alterations to extend the restriction period to ten years after the execution of the sentence and to add " children-related employers" to the list of restricted employers.
