High-Risk Sex Offenders to Reside in Designated Facilities... Korean-Style Jessica Act Passed at Cabinet Meeting

Sex Offenders with High Recidivism Risk to Reside in Facilities After Release... 'Court Judgment' Needed
Request for Drug Treatment Order for 'Paraphilic' Sex Offenders... Cabinet Approval

The 'Korean-style Jessica Law,' which requires high-risk sex offenders with a high risk of recidivism to live only in designated facilities after release following a court decision, has passed the Cabinet meeting.

The Ministry of Justice announced on the 2nd that the 'Act on the Designation of Residence for High-Risk Sexual Offenders' containing such provisions passed the Cabinet meeting. Whether the bill will be enacted and its contents will be finalized after review and approval by the National Assembly. However, since there are divided opinions among experts due to constitutional controversy and other issues, difficulties in passing the National Assembly are expected.

The bill includes provisions allowing the court to impose residence restriction orders on high-risk sexual offenders. Modeled after the U.S. Jessica Law, which prohibits released child sex offenders from living within 1000 to 2000 feet of schools and other places, it is also called the 'Korean-style Jessica Law.' High-risk sex offenders cannot freely choose their residence after release and must live in facilities operated by the state or others.

The subjects of the residence designation order are basically those who committed sex crimes against children under 13 years old or those who have committed sex crimes three or more times, among whom those sentenced to imprisonment of 10 years or more for sexual violence crimes and ordered to wear electronic location tracking devices.

The probation office chief assesses the need for residence restrictions based on age, health, living environment, etc., and if deemed necessary, applies to the prosecution for a restriction order, which the prosecution reviews again before petitioning the court.

If leaving the residence for business trips or travel of more than one day, prior approval from the probation office chief must be obtained. Additional measures such as prohibition of going out during certain hours or prohibition of entry into child protection zones may also be imposed as necessary.

This bill was prepared after heinous criminals such as child rapist Jo Doo-soon and serial rapist Park Byung-hwa, known as the 'Suwon Balbari,' settled in densely populated areas after release, causing repeated opposition from residents. If this 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. According to the Ministry of Justice, as of the end of 2022, 325 high-risk sex offenders require review for residence restriction orders, and 187 more are expected to be released by 2025.

The government revised the bill title from 'Residence Restriction Act for High-Risk Sexual Offenders' to 'Residence Designation Act for High-Risk Sexual Offenders' after reflecting external opinions following the legislative notice and supplemented the content to allow high-risk sexual offenders to apply for residence changes.

There are criticisms that designating residence constitutes double punishment for released offenders who have already served their sentences or excessively restricts freedom of movement, so opinions are expected to be divided in the National Assembly.

Additionally, the government also approved the amendment to the Act on Drug Treatment for Sexual Impulse of Sexual Offenders at the Cabinet meeting on the same day. The amendment requires prosecutors to conduct mandatory expert evaluations when prosecuting high-risk sexual offenders and to request orders for drug treatment of sexual impulses if the offender is diagnosed with paraphilia.

For sex offenders currently incarcerated, treatment orders can be additionally requested with their consent. Receiving drug treatment for sexual impulses will be taken into consideration when deciding whether to impose residence restriction orders.

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