Mandatory Forfeiture of Criminal Proceeds from Deepfake Sexual Crimes... Passed by National Assembly Plenary Session
National Assembly Passes Amendment to Sexual Violence Punishment Act
Applying 'Mandatory Confiscation' Principle for Seizure and Forfeiture
Forfeiture and confiscation of criminal proceeds using digital sexual exploitation materials and deepfake videos will be mandatory.
On the 28th, the National Assembly held a plenary session and passed the amendment to the Act on Special Cases Concerning the Punishment of Sexual Crimes (Sexual Violence Punishment Act) containing these provisions.
The bill was passed with 268 votes in favor out of 268 members present.
The amendment reflects concerns that the current legal system applies the principle of "discretionary forfeiture" to criminal proceeds from digital sex crimes, resulting in inadequate forfeiture and confiscation. It applies the principle of "mandatory forfeiture" to such crimes, making the forfeiture and confiscation of criminal proceeds compulsory.
Additionally, the amendment allows the police to request the Korea Communications Standards Commission and information and communication service providers to delete or block illegal videos, enabling the swift removal or blocking of illegal videos even when victims are unaware of the digital sex crime damage.
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The amendment will take effect six months after its promulgation.
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