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  • [노무/인사] Sexual Violence Prevention and Victims Protection Act
    • Competent Ministry : Ministry of Gender Equality and Family
    • Advance Publication of Legislation : 2018-04-20
    • Opinion Submission Deadline : 2018-05-04
Reasons for Proposal

In relation to the prevention of sexual violence and protection of its victims, the current Act prescribes that the head of a State organ, etc. shall conduct educational programs necessary for preventing sexual violence, establishing guidelines for protecting victims in the institution and preventing damage, and formulating and implementing measures for preventing recurrence of violence if an incident occurs; and shall submit a report on the results thereof to the Minister of Gender Equality and Family.

However, according to the Ministry of Gender Equality and Family, the number of the countermeasures submitted for the prevention of its recurrence is insufficient compared to the number of occurrences of sexual violence. In addition, critics say that there are no legal grounds for the Minister of Gender Equality and Family to conduct additional inspections of the details submitted. Thus, an effective measure is needed.

Accordingly, the Amendment prescribes that the head of a State organ shall submit to the Minister of Gender Equality and Family measures for preventing recurrence of violence, including the results of a settlement case within 3 months after it occurs, and that the Minister of Gender Equality and Family may conduct on-site inspections of the relevant state organ, etc., if deemed necessary (Article 5-4 newly inserted).

Major Provisions

Where an incident of sexual violence occurs within a State organ, the head of such institution shall notify the Minister of Gender Equality and Family of the fact without delay, and submit his/her measures against a recurrence of violence including the results of settled cases to the Minister of Gender Equality and Family and the competent administrative office or the head of a local government within 3 months after it occurs (Article 5-4).

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