High-Risk Sex Offenders to Reside Only in Designated Facilities After Release... 'Korean-Style Jessica Law' Proposed for Legislation

The so-called 'Korean-style Jessica Law,' which requires high-risk repeat offenders or those who have committed sex crimes against children to reside in designated facilities even after release, is set to proceed with the legislative process in earnest.

On the 24th, the Ministry of Justice announced that it will publicly notify the draft bill for the 'Act on Residence Restrictions for High-Risk Sex Offenders' and the amendment to the 'Act on Drug Treatment for Sexual Impulse of Sex Offenders' starting from the 26th.

The draft bill includes provisions allowing courts to impose residence restriction orders on high-risk sex offenders. Modeled after the U.S. Jessica Law, which prohibits released child sex offenders from living within 1000 to 2000 feet of schools and similar places, this bill is also referred to as the 'Korean-style Jessica Law.'

The residence restriction order primarily targets sex offenders who committed crimes against children under 13 years old or those subject to electronic monitoring who have committed sex crimes three or more times and have been sentenced to 10 years or more for sexual offenses. The probation office chief assesses the necessity of residence restrictions based on factors such as age, health, and living environment, then applies to the prosecution for the restriction order. The prosecution reviews the necessity again and petitions the court.

When the court issues a residence restriction order, the offender must reside in a 'designated residence facility' among facilities operated by national, local governments, or public institutions within the metropolitan municipality where the offender lives, as determined by the Minister of Justice. This means high-risk sex offenders cannot freely choose their residence after release and must live in facilities operated by the state or others. The designated residence facilities may be existing facilities or newly established ones. A Ministry of Justice official explained, "Nothing has been decided yet."

Additionally, the draft bill stipulates that the state may support expenses necessary for managing and operating the designated residence facilities within the budget. However, some voices argue that forcing already punished sex offenders to reside in designated facilities excessively restricts freedom of residence and may constitute 'double punishment.' This issue is expected to be a point of contention during the National Assembly's bill review process.

If the draft bill passes the National Assembly, it will also apply to already released offenders such as Jo Doo-soon, Kim Geun-sik, and Park Byung-hwa. The Ministry of Justice stated that as of the end of last year, there were 325 high-risk sex offenders requiring residence restriction review.

The government also plans to expand drug treatment for sexual impulses. The amendment to the Sexual Impulse Drug Treatment Act requires prosecutors to mandatorily conduct expert evaluations for high-risk sex offenders and, if the offender is diagnosed with paraphilia, to request an order for drug treatment for sexual impulses.

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