(1) Reasons for Proposal and Major Provisions
The Sexual Violence Prevention and Victims Protection Act was amended to enable the State to support the deletion of illegally recorded videos. Accordingly, the Amendment aims to determine legally delegated matters and matters necessary to implement them such as the details/methods of supporting the deletion of illegally recorded videos, and the procedures/methods for exercising the right to demand compensation for the expenses arising from supporting the deletion.
Furthermore, the Act was amended in such a way that the Ministry of Gender Equality and Family shall notify a reporter of whether to accept his/her report within 10 days since the Ministry received a report about installation of a counseling center for victims of sexual violence or of a counselor education and training facility, and within 5 days since it received a modified report. Consequently, the Amendment aims to reflect the relevant details and determine matters necessary for their implementation.
(2) Amendment Details
Amend part of the Enforcement Rule of the Sexual Violence Prevention and Victims Protection Act as follows:
Newly insert Article 2-6 as follows:
Article 2-6 (supporting the deletion of illegally recorded videos, etc.) ① Supporting the deletion of illegally recorded videos according to Article 7-3, paragraph 1 of the Act shall include the following:
1. Provide counseling for damage from sexual violence.
2. Support the deletion of illegally recorded videos.
3. Provide support such as legal representation under Article 7-2 of the Act and cover medical expenses under Article 28 of the Act.
4. Other matters deemed necessary by the Minister of Gender Equality and Family to support the deletion of illegally recorded videos
② Victims of sexual violence who need support for the deletion of illegally recorded videos under Article 7-3, paragraph 1 of the Act or their legal representatives may request support from an institution designated by the Ministry of Gender Equality and Family responsible for supporting the victims.
③ The State shall bear the cost for supporting the deletion, etc., under paragraph 1 by priority within the budget.
④ Where the State intends to exercise the right to demand compensation from a sex offender under Article 7-3, paragraph 3, it shall notify the sex offender of the compensation payment in writing by stating the basis, etc. for calculating the compensation payment.
⑤ A sex offender who received a notice to pay the compensation payment in accordance with paragraph 4 shall make a payment within 30 days from the date of receipt of the said notice.
Newly insert paragraphs 3 and 4 in Article 8-3.
③ Where reasons for change occur concerning the location, name of the educational training facility, number of trainees, or the head of the facility, a person who finished the report on installation of the educational training facility under paragraph 2 shall submit to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of Si, Gun, Gu. within 14 days from the date of occurrence of such reasons a modified report on the facility in No. 7 form of Exhibit No. 7 (including an electronic document) with the document in each of the following subparagraphs attached thereto.
1. A resolution that specifies changes in the location of the educational training facility, its name, number of trainees, or the head of the facility
2. A ground plan of the facility to be changed (applicable only if its location is changed))
3. A plan for the use/disposal of the facility and property (applicable only if its location is changed)
4. A plan for managing trainees (applicable only if its number of trainees and location are changed)
5. Certificate of report on the educational training facility
④ The Special Self-Governing Mayor, Special Self-Governing Province Governor, or the head of Si, Gun, Gu who received a modified report in accordance with paragraph 3 shall check the changes, describe the details of change in the certificate of report on the educational training facility, and return it to the reporter. In such a case, the Special Self-Governing Mayor, Special Self-Governing Province Governor, or the head of Si, Gun, Gu shall verify the details of a certified copy of building register (applicable only if the location and number of trainees are changed) through the shared use of administrative information in accordance with Article 36, paragraph 1 of the Electronic Government Act
The ‘5 days’ indicated in the blank of the processing period in No. 4 form of Exhibit No. 7 shall be amended to read ’10 days’, and No. 7 form of Exhibit No. 7 shall be newly inserted as shown in Exhibit.
ADDENDA
This Rule shall enter into force from September 14, 2018.
