Digital Sex Crime 'Undercover Investigation' Accelerates... Police Begin Research on Guidelines

Passage of Related Laws in March National Assembly
Revision of Regulations on Fake ID Investigations and More

On the 26th, the day Jo Joo-bin, the operator of the 'Doctor's Room,' was sentenced to 40 years in prison in the first trial, members of the Telegram Sexual Exploitation Countermeasures Committee held a press conference at the Seoul Central District Court in Seocho-dong. 2020.11.26 [Image source=Yonhap News]

[Asia Economy Reporter Lee Gwan-ju] The police are preparing to introduce 'undercover investigations' in digital sex crime investigations targeting minors.

On the 26th, according to the police, the Police University Institute of Public Security Policy has launched a study titled "Research on Korean-style Undercover Investigation Guidelines for Eradicating Digital Sex Crimes." Through this study, the police will conduct a comprehensive analysis of the necessity of undercover investigations, anticipated issues, major overseas case law and legislation related to undercover investigations, as well as practical cases. They will also examine plans for reallocating cyber investigation organizations, personnel, and budget sizes necessary for undercover investigations.

Following last year's 'Telegram Nth Room' incident, there have been calls to introduce undercover investigations for digital sex crimes. This is because the police need to take more proactive measures to prevent sexual exploitation targeting minors. In particular, with the passage of the revised Act on the Protection of Children and Juveniles from Sexual Abuse in March this year, which introduces an undercover investigation system for digital sex crimes against children and adolescents, undercover investigations have become possible since September.

Undercover investigations are broadly divided into 'identity-non-disclosure investigations' and 'identity-disguise investigations.' Identity-non-disclosure investigations involve police officers hiding their identity and approaching perpetrators as if they were buyers of sexual exploitation materials to collect evidence. Identity-disguise investigations go a step further by allowing the creation of identification cards for fictitious characters. Identity-non-disclosure investigations must be reported to the National Assembly and the National Police Commission, while identity-disguise investigations require a prosecutor's request and court approval as control measures. The police have formed a dedicated task force (TF) and begun reorganizing personnel and organizations in preparation for the enforcement of these revised laws.

However, since the current Criminal Procedure Act does not explicitly regulate undercover investigations and existing case law only pertains to whether investigative agencies induced crimes, additional research is needed to introduce undercover investigations, according to the police. A police official stated, "After the law is enforced, we plan to prepare presidential decrees and guidelines through broad opinion gathering and in-depth discussions so that frontline officers can immediately utilize undercover investigations."

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