Abolition of Statute of Limitations for Familial Sexual Violence Against Children and Adolescents... Protective Facility Stay Extended to Age 25
Ten Gender Equality Ministry Bills Passed the National Assembly
Stronger Penalties for Child and Adolescent Sexual Exploitation Materials
Removal of "Knowingly" Lowers Burden of Proof for Crimes
The period during which minor victims of sexual violence can stay in protective facilities will be extended from the current age of 19 to 25. In addition, the statute of limitations for sexual violence crimes committed by family members against children and adolescents will be abolished, thereby strengthening the protection of victims' rights and increasing penalties for offenders.
The Ministry of Gender Equality and Family announced on December 3 that the National Assembly has passed ten revised bills, including the "Act on the Prevention of Sexual Violence and Protection of Victims" and the "Act on the Protection of Children and Adolescents from Sexual Offenses."
With the revision of the "Act on the Prevention of Sexual Violence and Protection of Victims," the period during which minor victims of sexual violence can reside in protective facilities will be extended to age 25. This measure aims to minimize negative effects resulting from leaving such facilities. In addition, the law now clearly stipulates that "independence support funds and allowances upon leaving the facility" will be included as eligible expenses for victim protection, which may be supported by the state or local governments. For students who are victims of sexual violence and require treatment or counseling, the heads of schools at all levels are now permitted to count absences due to these measures as attendance days.
The statute of limitations for sexual crimes such as rape or forced molestation committed by family members against children and adolescents aged 13 or older but under 19 has also been abolished. Previously, the statute of limitations did not apply only to cases involving children under 13 or persons with disabilities, but the revision of the "Act on the Protection of Children and Adolescents from Sexual Offenses" has strengthened the protection of victims' rights and increased penalties for offenders. Additionally, the phrase "knowingly" has been removed from the punishment provisions for child and adolescent sexual exploitation materials, thereby reducing the burden of proof for such crimes.
To prevent secondary harm caused by media reports, the "Framework Act on the Prevention of Violence Against Women" has also been revised to allow the establishment of "recommendation standards for media coverage of violence against women" and to enable requests for cooperation from media outlets. Although the Ministry of Gender Equality and Family has distributed reporting reference booklets since 2014, there had been no legal basis for this until now.
The term "women with career interruptions" will also be changed to "women with careers." This is in accordance with revisions to the "Framework Act on Gender Equality" and the "Act on the Promotion of Women's Economic Activities and Prevention of Career Interruptions." The aim is to positively reframe the image of women whose careers have been "interrupted" due to childbirth, childcare, or caregiving, emphasizing women's professionalism, potential, and capabilities. In addition, new provisions have been introduced to prohibit discrimination against women with careers and to establish grounds for awards.
The "Act on the Promotion of Family-Friendly Social Environments (Family-Friendly Act)" has also been revised to make it mandatory to include compliance with employment and labor relations laws as essential criteria for family-friendly certification, and to require the Minister of Gender Equality and Family to conduct at least one investigation per year.
Through the revision of the "Multicultural Family Support Act," a legal basis has been established for supporting psychological and career counseling programs to help children and adolescents in multicultural families overcome psychological and emotional difficulties and to concretely plan their future career paths.
The scope of information disclosure related to marriage brokerage businesses has also been expanded. With the revision of the "Marriage Brokerage Business Management Act," key information such as fees, membership dues, and registration numbers can now be accessed by anyone, not just users.
Laws related to youth have also been revised. With the revision of the "Youth Protection Act," if a youth induces violations such as the sale of alcohol or tobacco or lies about their age, their legal guardian and others can be notified so that preventive and protective support can be provided. The "Youth Welfare Support Act" has also been revised to establish the responsibility of the state and local governments to help isolated or reclusive youth adapt to society and continue their studies.
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Minister Won Minkyoung stated, "The passage of these bills will resolve issues that have been raised in the field, further advance the level of gender equality in our society, and serve as a turning point to strengthen the safety of victims of violence and the protection of youth."
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