Constitutional Court Rules "Mandatory Registration of Personal Information for Public Sexual Harassment Offenders with Police is Constitutional"

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] The Constitutional Court has ruled that the legal provision requiring the registration of personal information with the police upon a confirmed guilty verdict for molestation charges does not violate the Constitution.

On the 5th, the Constitutional Court announced that it made a constitutional ruling by a 6 (constitutional) to 3 (unconstitutional) decision in a constitutional review petition filed by Mr. A, who was convicted of molestation at a subway station and was required to register his personal information under the Special Act on the Punishment of Sexual Crimes.

The court found that the crime of molestation in crowded public places differs in terms of the crime target and the nature of the offense compared to sexual crimes that do not require personal information registration, such as distribution or possession of obscene materials involving children and adolescents, or obscene acts using communication media.

It added, "It is difficult to say that the risk of recidivism must necessarily be considered in addition to a guilty verdict when deciding whether to require personal information registration."

Mr. A was prosecuted in February 2016 for inappropriate physical contact with a woman at a subway station in Seoul and was fined 3 million won, a verdict that was finalized. Following the confirmed guilty verdict, he became subject to personal information registration.

Article 42 of the Special Act on the Punishment of Sexual Crimes mandates that when a guilty verdict or summary order is finalized for molestation in crowded public places, personal information must be registered with the police.

Mr. A argued that this provision infringed on the right to equality by forcibly requiring personal information registration uniformly for minor crimes without considering the risk of recidivism.

This content was produced with the assistance of AI translation services.