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) 4 8 , \ h 0 0 " R R R V 3 ` f f f f f f f $ 0k h m h f " f R R i g n n n l R R f n f n n 6 w0 V , 2 R $ wW W1 ?4 l2 g 0 h 1 n n 8 2 2 n 2 O ' n | = O O O f f ^ O O O h $ Replies to the list of issues taken up in connection with the consideration of the initial report of the Republic of Korea on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/KOR/1)
Please provide (if available) statistical data (including by sex, age group, urban/rural area) for the years 2005, 2006 and 2007 on:
a) The number of reported cases of sale of children, child prostitution and child pornography, with additional information on the type of follow-up provided on the outcome of the cases, including prosecution, withdrawals and sanctions for perpetrators;
Regarding the sale of children in the Republic of Korea, the following provisions criminalize trafficking in human beings: the Criminal Act (Article 288(2), trafficking in women), the Juvenile Protection Law Against Sexual Exploitation (Article 9, trafficking in youth), the Act on the Punishment of Acts of Arranging Sexual Traffic (Article 18(3)-3) and the Child Welfare Law(Article 40-1). The government does not have any specific statistics on trafficking in children but so far, no evidence of child trafficking has been found for purposes other than child prostitution. The number of reported cases of child prostitution was 1,137 in 2005, 964 in 2006 and 1,246 in 2007. The outcomes of the cases are as follows:
0T a b l e 1 0R e p o r t e d c a s e s o f c h i l d p r o s t i t u t i o n a n d t h e t y p e s o f f o l l o w - u p
Y e a r R e p o r t e d P r o c e e d e d ( T o t a l ) P r o s e c u t e d N o n - p r o s e c u t e d O t h e r s a$ I n d i c t e d S u m m a r y i n d i c t m e n t I n d i c t m e n t s u s p e n d e d O t h e r s `$ 2 0 0 5 1 , 1 3 7 1 , 1 2 9 2 7 4 5 1 8 1 0 4 8 5 1 4 8 2 0 0 6 9 6 4 1 , 0 0 3 1 7 7 5 6 8 5 0 8 0 1 2 8 2 0 0 7 1 , 2 4 6 1 , 2 1 5 2 4 5 5 1 9 1 5 2 1 2 3 1 7 6 ; `$ : u n s u s p e c t e d , n o t g u i l t y , n o r i g h t t o a r r a i g n m e n t , a n d d i s m i s s a l a$: s t a y o f p r o s e c u t i o n , s t a y o f r e f e r e n c e , c a s e o f j u v e n i l e p r o t e c t i o n , c a s e o f d o m e s t i c r e l a t i o n s p r o t e c t i o n a n d c a s e o f p r o tection against prostitution
Source: Ministry of Justice (unit: no. of persons)
The number of reported cases of child pornography has decreased from 32 in 2005 to 16 in 2006 and 5 in 2007. The outcomes of the cases are as follows:
Reported cases of child pornography and the types of follow-up
YearReportedProceeded
(Total)ProsecutedNon-prosecutedOthersIndictedSummary indictmentIndictment suspendedTransferred to another authority 200532271402110200616301921802007 5531010Source: Ministry of Justice (unit: no. of persons)
The number of arrests involving child prostitution and the types of follow-up are provided below. The number of arrests involving child prostitution is on the decrease from 1,139 in 2005 to 744 in 2006 and 377 in June 2007.
Arrests involving child prostitution
YearNumber of arrestsNumber of persons arrestedProceededThose arrestedProsecutedNon-prosecutedOffendersRelated parties, e.g. pimpsJuveniles sent to t h e P r o s e c u t o r s O f f i c e 2 0 0 5 1 , 1 3 9 1 , 9 4 6 2 9 5 1 , 6 5 1 1 , 6 1 1 3 0 5 3 0 2 0 0 6 7 4 4 1 , 7 4 5 1 4 9 1 , 5 9 6 1 , 5 0 2 1 8 3 6 0 2 0 0 7 . 3 7 7 1 , 1 7 3 6 3 1 , 1 1 0 8 2 9 1 2 3 2 2 1 * ; J u v e n i l e i n d i c t m e n t s h a v e i n c r e a s e d a s t h o s e w h o w e r e s u b j e c t t o d i s m i s s a l w i t h a c a u t i o n a r e n o w a l l b o o k e d on a charge since the revision of the Juvenile Protection Law against Sexual Exploitation.
Source: Government Youth Commission
The number of sex offenders involved in child prostitution is provided below by age group. The result demonstrates that the majority of sex offenders involved in child prostitution are in their 20s and 30s.
Sex offenders involved in child prostitution by age group
YearTotal10s20s30s40s50s60s and over20051,6119072057419133320061,50262614585183431 5 2 0 0 7 . 6 8 2 9 3 7 3 2 7 3 3 4 1 0 7 2 0 4 S o u r c e : G o v e r n m e n t Y o u t h C o m m i s s i o n
T h e n u m b e r o f c h i l d r e n a n d j u v e n i l e s i n v o l v e d i n p r o s t i t u t i o n b y a g e g r o u p i s p r o v i d e d b e l o w . I t h a s b e e n d e c l i n i n g f r o m 1 , 1 2 4 i n 2 0 0 5 t o 7 2 9 i n 2 0 0 6 a n d 3 4 0 i n J u n e 2 0 0 7 .
0T a b l e 5 0Children & juveniles involved in prostitution by age group
YearTotalUnder 1213-14 yr. olds15-16 yr. olds17-19 yr. olds20051,1245169438512200672910883482832007.6340538152145Source: Government Youth Commission
Prostitution has been more prevalent in big cities than in small cities and rural areas. The city of Seoul records the highest number of arrests involving prostitution. The figures on arrests involving prostitution and the types of follow-up by region are as follows:
Arrests involving prostitution and the types of follow-up by region
Region20052006 Number of arrests Number of persons arrested DetentionNon-detentionNumber of arrestsNumber of persons arrestedDetentionNon-detentionTotal1,1391,9462951, 6517441,7451491,596Seoul4056816761423457339534Busan7518924165432162214Daegu5179255422401327Incheon124206311757614311132Ulsan20261881422517Gyeonggi13114748997112110111Gangwon14206142029128North Chungcheong57588501724420South Chungcheong1031241411017441331North Jella1831229929227South Jella71118289017424339204North Gyeongsang3310916931275867South Gyeongsang271437136181072105Jeju10151141779079
Region As of June 2007 Number of arrestsNumber of persons arrestedDetentionNon-DetentionTotal3771,173631,110Seoul11035417337Busan401222120Daegu1220317Incheon2269564Ulsan2422Gyeonggi371044100Gangwon1219415North Chungcheong724024South Chungcheong2273172North Jella71193116South Jella7012418106North Gyeongsang2387483South Gyeongsang513013Jeju841041Source: National Policy Agency
b) The number of reported cases of children trafficked to and from the Republic of Korea, as well as trafficked within the country, for the purpose of sexual exploitation
There were no reported cases of child trafficking for sexual exploitation in 2005 and 2006 but in 2007, there were two cases were reported.
Child trafficking for the purpose of sexual exploitation
YearReportedProceeded
(Total)ProsecutedNon-prosecutedOthers Indicted Summary indictmentIndictment suspendedStay of prosecution200500000002006000000020072210010Source: Ministry of Justice
c) The number of child victims who were provided with recovery assistance and compensation as indicated in Article 9, Paragraphs 3 and 4 of the Protocol
On the basis of the Act on the Prevention of Sexual Traffic and Protection, etc. of Victims Thereof, the Korean government has provided assistance to the victims of prostitution including child victims. The assistance provided by the government includes counseling service, protection, physical and psychological treatments and legal advice for compensation. In addition, in order to reintegrate child victims into society, the government offers them opportunities to receive vocational training or special education programs aimed at preparing them for further education.
In 2004, the Korean government established three Sexual Abuse Centers for Children (or Habaragi Centers for Children) especially for those under the age of 13. The centers, located in Seoul, North Gyeongsang and Jeolla provinces, operate a hot-line available 24 hours a day, seven days a week and provide one-stop services including counseling services for both children and parents, psychological treatment and legal service. The centers, in addition, cooperate with an experts group comprised of legal experts, medical staff, including pediatricians and child psychiatrists, counseling experts in sexual violence and child psychologists with the purpose of providing systematic protection for child victims.
Statistics on the services provided by the Sexual Abuse Centers for Children as of 2007 are: 1,067 child victims, 2,237 cases of medical treatment; 4,199 cases of psychological treatment; and 1,366 cases of legal service.
Services from the Sexual Abuse Centers for Children
YearNumber of Victims Type of Service (no. of cases) Sub-total
(no. of case)Medical treatmentPsychological treatmentLegal Service20042251,50856374120420056115,2161,5072,73597420061,0397,5682,3123,9441,31220071,0677,8022,2374,1991,366Source: Ministry of Gender Equality and Family
In addition, to protect victims of sexual abuse and to rehabilitate offenders , 199 counseling centers for sexual abuse, 20 shelters for victims of sexual abuse, 16 offices for Hotline 1366, 14 one-stop support centers and 1 office for Hotline 1366 for migrant women are in operation.
For victims of sexual abuse under the age of 19, support facilities (categorized as facilities for general support, youth victims, self-reliance support, and foreign victims) and counseling centers for the victims of prostitution were established and are now in operation. The number of youths under the age of 19 who benefited from such facilities and centers is as follows:
The number of youths who received support from the facilities and centers for the victims of prostitution
Year200520062007Number of youths 8181,1121,052Source: Ministry of Gender Equality and Family
Government facilities run for juvenile victims of prostitution provide vocational training and education aimed at providing preparation for further education as well as medical and legal services.
Services provided at facilities for juvenile victims
Service 200520062007Medical treatment3,0863,3912,561Legal Service8712042Vocational Training498850268Education to move to a higher level 7381,347321Total 4,4095,7083,192Source: Ministry of Gender Equality and Family (unit: no. of cases)
To treat child victims of commercial sexual exploitation and prevent their return to prostitution, the government has established rehabilitation programs for child victims of prostitution. The programs consist of recreation and participatory activities including sand play, art therapy, recreational therapy and anger expression. Also, customized rehabilitation programs based on the needs of each child victim are provided. The programs have been running successfully. Of those who completed the programs, 79.8 percent have returned home. Of the parents of these children, 74.3 percent have received counseling and 88.1 percent of the children have successfully re-integrated into schools or have found employment.
The types of rehabilitation programs are as follows:
Rehabilitation programs for child victims of prostitution
CurriculumTarget groupOrganizations in charge40 hoursA juvenile ordered by a prosecutor to go through education and counseling programs.
Juvenile victims of prostitution discovered by policeSeoul Education Center for Juveniles in Crisis
Daejeon Education Center for Juveniles in Crisis
Busan Education Cenger for Juveniles in Crisis4 weeksJuveniles who need further education after the completion of the 40 hour curriculum
Applicants among juveniles in sheltersGwangju Education Center for Juveniles in Crisis7 weeksJuveniles with mental disabilitiesMacji Education Center for Juveniles in CrisisCounseling and temporary protection
(2 days)Juvenile victims of prostitution discovered by policeJoongang Education Center for Juveniles in Crisis (Changwon Shelter for Women)Source: Government Youth Commission
Rehabilitation programs for juvenile victims of prostitution are provided by organizations specialized in providing such education. The number of j u v e n i l e s w h o c o m p l e t e d t h e p r o g r a m s w a s 9 4 i n 2 0 0 6 ( J u l y - D e c e m b e r ) a n d 3 0 5 i n 2 0 0 7 .
0T a b l e 1 2 0 T h e n u m b e r o f j u v e n i l e s b y o r g a n i z a t i o n
O r g a n i z a t i o n 2 0 0 6
( J u l y t o D e c e m b e r ) 2 0 0 7 J o o n g a n g E d u c a t i o n C e n t e r f o r J u v e n i l e s i n C r i s i s ( C h a n g w o n S h e l t e r f o r Women)24108Busan Education Center for Juveniles in Crisis2058Daejeon Education Center for Juveniles in Crisis
1062Gwangju Education Center for Juveniles in Crisis2647Macji Education Center for Juveniles in Crisis (for the disabled)1425Seoul Education Center for Juveniles in Crisis
-5Total 94305Source: Government Youth Commission (unit: no. of persons)
d) The number of cases of organ transplant, including bone marrow transplant, involving donors under the age of 18
Children aged 16 and above can donate organs with the consent of their parents, pursuant to Organ Transplant Act.
The number of children who received organ donations and transplants including bone marrow donations and transplants was 258 in 2005, 264 in 2006 and 218 in 2007. Statistics based on sex, age and region are provided below:
0T a b l e 1 3 0C h i l d r e n w h o d o n a t e d b o n e m a r r o w / o r g a n s a n d r e c e i v e d b o n e m a r r o w / o r g a n t r a n s p l a n t b y s e x
Y e a r D o n a t e d b o n e m a r r o w R e c e i v e d b o n e m a r r o w t r a n s p l a n t D o n a t e d o r g a n s R e c e i v e d o r g a n t r a n s p l a n t T o t a l M F M F M F M F M F 2 0 0 5 1 4 2 4 5 1 4 9 2 7 1 2 4 6 3 5 1 3 8 1 2 0 2 0 0 6 1 8 2 1 5 1 3 9 2 8 1 7 5 3 3 7 1 5 0 1 1 4 2 0 0 7 1 2 1 3 3 9 2 0 3 4 9 4 5 4 6 1 3 0 8 8 S o u r c e : M i n i s t r y o f H e a l t h a n d W e l f a r e ( u n i t : n o . o f p e r s o n s )
0T a b l e 1 4 0C h i l d r e n w h o d o n a t e d b o n e m a r r o w / o r g a n s a n d r e c e i v e d b o n e m a r r o w / o r g a n t r a n s p l a n t b y a g e g r o u p
YearAge GroupDonated bone marrowReceived bone marrow transplantDonated organsReceived organ transplantTotalMFMFMFMF2005 0~4 051511002417725~8 65990145399~12 26101042864813~17 681719239107992006 0~4 22109011519585~8 261271185429~12 69134321535513~17 841619241315101092007 0~4 2277001614485~8 451633167459~12 636121683313~17 03109297171792Source: Ministry of Health and Welfare (unit: no. of persons)
Children who donated bone marrow/organs and received bone marrow/organ transplant by region
YearRegionDonated bone marrowReceived bone marrow transplantDonated organsReceived organ transplantTotalMFMFMFMF2005 Seoul 231175313650Incheon,Gyeonggi6101921102151598Daejeon, South and North Chungcheong 0447518130Gwangju, South and North Jeolla3467310630Busan, South Gyeongsang, Ulsan 1142133217Daegu, North Gyeongsang1151324421Gangwon, Jeju0121003182006 Seoul541148214553Incheon,Gyeonggi58161376151888Daejeon, South and North Chungcheong2486404432Gwangju, South and North Jeolla3377244434Busan, South Gyeongsang, Ulsan2143507426Daegu, North Gyeongsang1014227118Gangwon, Jeju01520221132007 Seoul38118606850Incheon,Gyeonggi51135115141468Daejeon, South and North Chungcheong1034017723Gwangju, South and North Jeolla1051715424Busan, South Gyeongsang, Ulsan2262127527Daegu, North Gyeongsang0210703417Gangwon, Jeju000020349Source: Ministry of Health and Welfare (unit: no. of persons)
e) The number of cases of domestic and inter-country adoption
1,461 children were adopted domestically in 2005, 1,332 in 2006 and 1,388 in 2007. The number of international adoption cases increased from 2,101 in 2005 to 3,231 in 2006 and then decreased significantly to 1,264 in 2007. The government has provided adopting families with additional financial support, including childcare subsidies and exemption from payment of the adoption fee. Along with these, the government adopted Measure to Boost Domestic Adoption in 2007 and carried out a variety of activities in order to facilitate and encourage domestic adoption.
Current Status of Adoption
RegionTotal 200520062007Domestic 4,1811,4611,3321,388International 5,2642,1011,8991,264Total 9,4453,5623,2312,652Source: Ministry of Health and Welfare
Figures on adopted children by sex are as follows:
Number of Adopted Children by Sex
Year Domestic International Total MFTotal MF2005 1,4614829792,1011,3537482006 1,3324858471,8991,2536462007 1,3885418471,264722542Source: Ministry of Health and Welfare
Number of Adopted Children by Age Group
YearTotal Less than 3 months old 3 months less than 1 yr old1 yr less than 3 yrs old Over 3 yrs old 2005 1,4611,113184104602006 1,332945159142862007 1,388923211154100Source: Ministry of Health and Welfare
There are no statistics on domestic adoption by age group, as most children being given up for domestic adoption are one year old or younger. In addition, there is no birthplace data on international adoption as these are all arranged by adoption agencies located in Seoul.
The Number of Domestic Adoption by Region
YearTotal SeoulBusanDaeguIncheonGwangjuDaejeonUlsan2005 1,4614327311211513787262006 1,332369961039111868242007 1,388413116126951196025
YearGyeonggiGang
wonNorth Chung
cheongSouth Chung
cheongNorth Jeolla South JeollaNorth Gyeong
sangSouth Gyeong
sangJeju 2005 2333342749501140142006 21727648494393792007 20226498534493211Source : Ministry of Health and Welfare (unit: no. of persons)
2. Please provide more information on measures taken to establish an effective system of data collection on the issues covered by the Optional Protocol.
The Korean government revised the Juvenile Protection Law against Sexual Exploitation in 2008. The revised law requires biannual public announcements of sexual crime rates, trends and other particulars that are fundamental to prevent sexual crimes against juveniles.
In 2004, the government set up a Monitoring Commission on the Prevention against Prostitution under the Office of the Prime Minister, so as to monitor and coordinate the national policies on prostitution established by various ministries. The Monitoring Commission on the Prevention against Prostitution, co-chaired by the Gender Equality and Family Minister and the deputy-director of the Policy Unit under the Office of the Prime Minister, is comprised of 16 members including directors of relevant divisions from the ministries. The Commission conducts a quarterly monitoring on the implementation of the Master Plan on the Prevention against Prostitution at the ministerial level. A regional consultative body or a Committee on the Prevention against Prostitution involving local authorities, NGOs and the police is in operation for effective exchange of information and cooperation regarding measures to protect the rights of victims and prevent prostitution at the local level.
3. In para 8, of the report, it is noted that international treaties have the identical force and effect of law as the domestic laws of the Republic of Korea. Please clarify whether the Optional Protocol takes precedence over domestic legislation in case of conflict, and whether it can be invoked directly before the courts. Please provide relevant case law if applicable.
The Republic of Korea incorporates international treaties into domestic law by stipulating that Treaties duly concluded and promulgated under the Constitution and generally recognized rules of international law shall have the same force and effect of law as domestic laws of the Republic of Korea in Paragraph 1, Article 6 of the Constitution. Therefore, the Optional Protocol has an identical force and effect of law as the domestic law of the Republic of Korea and can be invoked directly before the courts. Since the Korean government fully considers the content of the Optional Protocol when enacting or revising the domestic law, there is little possibility that the Optional Protocol would collide with the domestic law. So far, there has been no cases where the Optional Protocol has been invoked directly before the courts.
4. Please clarify which governmental body is in charge of the coordination of implementing the Optional Protocol, and further elaborate on its role and activities in this regard.
The Ministry of Health and Welfare is the main agency in charge of the coordination of implementing the Convention on the Rights of the Child and the Optional Protocol. The government has created the Childrens Safety and Rights Division under the Ministry of Health and Welfare as the focal entity to handle all matters related to the Convention of the Rights of the Child and the Optional Protocol within the government. The Childrens Safety and Rights Division also functions as the secretariat for the Child Policy Coordinating Committee established to deliberate on matters related to the implementation and the coordination of international treaties regarding children.
Under the Act on the Punishment of Acts of Arranging Sexual Traffic, the Ministry of Justice is in charge of the enforcement of judicial punishment on sexual offenders including persons arranging prostitution and using prostitution.
Under the Act on the Prevention of Sexual Traffic and Protection, etc. of Victims Thereof, the Ministry of Gender Equality and Family is responsible for protecting and rescuing victims of prostitution, including children, and helping them attain self-reliance. In addition, the Ministry of Gender Equality and Family annually conducts an Evaluation of the Implementation of Measures on the Prevention against Prostitution in Local Authorities in which local authorities monitor the implementation of measures on the protection for victims of prostitution and the prevention of prostitution by local authorities. For this purpose, evaluation indicators were developed in 2005 and a pilot evaluation was conducted in 2006. Those indicators became a part of the official policy evaluation indicators of local authorities in 2007, and a regular evaluation has been conducted on an annual basis since then.
In May 2006, a Ministerial Meeting on the Eradication of Five Most Serious Types of Violence and Irregularities, chaired by the Prime Minister, was held. Measures against sexual violence were added to the agenda for the Meeting and measures on the prevention of sexual violence and the protection of victims were reported to the Prime Minister by the Commission on the Prevention against Sexual Violence, comprised of six ministries and private experts. This Meeting resulted in the improvement of relevant policies, including measures on the eradication of sexual violence against children, on the punishment of sexual crimes and the protection of victims. The above mentioned Commission is comprised of six ministries--the Ministry of Education, the Ministry of Justice, the Ministry of Health and Welfare, the Ministry of Gender Equality and Family, the National Police Agency and the Government Youth Commission--and three private experts--a NGO representative, a medical expert and a psychologist.
A Task Force for Promotion and Education on the Prevention of Sexual Violence against Children was set up in September 2007, in partnership among the Ministry of Gender Equality and Family, the Ministry of Education, the Ministry of Health and Welfare and the Government Youth Commission. The Task Force has implemented a variety of activities including the development of materials on sexual violence against children and publicity programs.
The Ministry of Gender Equality and Family and the Government Youth Commission, in conjunction with private organizations, held an event commemorating the Day against Sexual Violence against Children (on the 22nd of February every year) in 2007. The event served as an opportunity to raise social awareness about the seriousness of sexual violence against children and initiate a nationwide campaign to protect children from sexual violence.
5. Please indicate whether there is an independent monitoring mechanism on child rights, including the implementation of the Optional Protocol, with the mandate to receive complaints from, or on behalf, of children on violations of the Optional Protocol .
The Child Rights Monitoring Center, established in October 2006, aims to monitor the implementation of the Convention on the Rights of the Child and the Optional Protocol in Korea. Therefore, a child or a third party on behalf of a child can file a complaint to the Center for violations of the Optional Protocol. The Child Rights Ombudspersons Meeting shall review the complaint, and submit proposals for the improvement of child rights policy or an institution to relevant ministries accordingly. There is still, however, much room for discussion as to the scope of the role and legal authority of the Center. The government plans to resolve these problems through the revision of relevant laws in 2008.
The government has established mechanisms to monitor the progress of policy implementation at both the central and local levels so as to protect and support victims of prostitution, and to curb the demand for prostitution.
At the central government level, on the one hand, the Monitoring Commission on the Prevention against
Prostitution conducts monitoring on the performance of relevant ministries and the Ministry of Gender Equality and Family performs annual monitoring and evaluation on the performance of local authorities. At the local level, on the other hand, a Committee on the Prevention against Prostitution involving private organizations and a regional consultative body monitor policy implementation in each region. The Customer Service Center at the Ministry of Gender Equality and Family receives and handles public complaints related to national policies including violations of the Optional Protocol.
A complaint regarding the violation of the Optional Protocol may be prescribed to the National Human Rights Commission only if childrens rights are violated or children are discriminated against by state agencies, a juristic person or personal individuals while entities such as state agencies, detention or protection facilities perform their duties. As child trafficking and child prostitution are regarded as matters between private individuals, complaints on such matters cannot be filed to the National Human Rights Commission. However, under article 8 of the Optional Protocol that protects the rights and interests of a child in the criminal justice process, a complaint can be filed by a child or a third party on behalf of a child only when there is a violation of such provision. The National Human Rights Commission may issue recommendations for the improvement of policies and legal systems to the relevant ministries so as to fulfill the obligations under the Optional Protocol.
6. Please provide information on domestic and inter-country adoption procedures, including the roles of adoption agencies. Please also provide information on the relevant legal framework, including legislation criminalizing article 3 ( a ) ( q!) . P l e a s e i n d i c a t e w h e t h e r t h e r e i s c e n t r a l a u t h o r i t y i n c h a r g e o f d o m e s t i c a n d i n t e r - c o u n t r y a d o p t i o n .
U n d e r d o m e s t i c l a w , a d o p t i o n i s d i v i d e d i n t o t h r e e d i f f e r e n t c a t e g o r i e s : g e n e r a l a d o p t i o n a n d f u l l a d o p t i o n u n d e r t h e C i v i l A c t a n d a d o p t i o n u n d e r the Act on Special Cases Concerning the Promotion and Procedure of Adoption. Adoption procedures for each type are as follows:
General adoption becomes effective when a report of adoption, as provided for in the Family Register Act, has been submitted with the consents of both parties (Article 878 of the Civil Act). Any person who intends to adopt a child must have attained the age of majority and if the child to be adopted is under the age of 15, consent to the adoption shall be obtained from the childs legal guardian on behalf of the child. In addition, regardless of the age of the child to be adopted, he/she shall obtain the consent of his parents, other lineal ascendants or legal guardian (Article 870 and 871 of the Civil Act). The relationship of the natural parents and child before adoption will be maintained, and the surname and the origin of the surname will be retained after such adoption.
Any person, who intends to fully adopt a child, from 1st January 2008, shall make a request to the family court after meeting the requirements (Article 908(2) of the Civil Act). The adoption shall be made jointly by the husband and wife who have been married for three years or more, and the child to be adopted shall be under the age of 15. Consent to such adoption shall be obtained from the natural parents. The child adopted through full adoption shall be deemed to be born during the marriage of the adoptive parents, and take the adoptive parents surname and origin of surname. Relationships of the adopted child before such full adoption shall be terminated.
Adoption under the Act on Special Cases Concerning the Promotion and Procedure of Adoption becomes effective when a report of adoption has been submitted as general adoption under the Civil Act. The Act, however, prescribes special regulations for the promotion of adoption and the welfare of a child to be adopted. A child to be adopted shall be a child, under the age of 18, required to be protected by assistance facilities or adoption agencies. Any person who intends to adopt a child shall have enough economic and social capabilities to raise an adopted child. Consent to adoption shall be obtained from the natural parents, lineal ascendants or legal guardians but it can be substituted by the consent to adoption obtained when such child was sent to assistance facilities or adoption agencies. If the adoptive parents wish, the child to be adopted under this Act shall take the adoptive parents surname and origin of surname (Article 8(1) of the Act on Special Cases Concerning the Promotion and Procedure of Adoption).
International adoption is divided into two different categories: international adoption in Korea and international adoption in foreign countries. If a foreigner wishes to adopt a child in Korea, he/she shall apply jointly with the guardian, for the authorization of adoption, to the family court (Article 16 of the Act on Special Cases Concerning the Promotion and Procedure of Adoption). For international adoption in foreign countries, if the head of the adoption institution who is requested to mediate adoption by a foreigner wishes to mediate the adoption, he/she shall apply for the permission to emigrate to the Minister of Health and Welfare. When the adopted child acquires the nationality of the adoptive parents, the Republic of Korea nationality will be terminated (Article 17 of the Act on Special Cases Concerning the Promotion and Procedure of Adoption).
Penal provisions related to adoption are as follows:
Article 40 and 29(5) of The Child Welfare Act stipulates that any person who trades in children with others shall be punished by imprisonment of not more than 10 years or a fine not exceeding 30 million won, and A article 29(10) stipulates that any person who mediates the rearing of a child and thereby obtains money, other than an intermediary agency having a legal competence, shall be punished by imprisonment of not more than 3 years or a fine not exceeding 10 million won. In addition, counterfeiting or alteration of private documents shall be punished by imprisonment of not more than 5 years or a fine not exceeding 10 million won under Article 231 and 234 of the Criminal Code.
Adoption is mediated by adoption agencies authorized by the Minister of Health and Welfare or provincial governors. Under the Act on Special Cases Concerning the Promotion and Procedure of Adoption, adoption agencies are placed under the supervision and guidance of the Ministry of Health and Welfare. As necessary, it may request such agencies to provide the report on the progress or the submission of relevant documents. In addition, government officials may visit adoption agencies or related facilities for inspection. The government currently provides thorough supervision and guidance to and conducts regular inspections of adoption agencies so as to prevent violations of childrens rights related to adoption.
7. With reference to para. 46 of the State partys report, please inform the Committee whether the State party may establish its jurisdiction over offences referred to in the Optional Protocol in all cases indicated in article 4, and notably in its paragraph 2, i.e. when the crime is committed abroad by or against a national of the Republic of Korea, or when the alleged offender is present on the State partys territory.
The Criminal Act of the Republic of Korea shall apply to both Korean nationals and aliens who commit crimes within the territory of the Republic of Korea. In addition, this act shall apply to all Korean nationals who commit crimes outside the territory of the Republic of Korea.
8. Please inform the Committee on the number of investigations, trials and convictions/acquittals, including sanctions imposed, for crimes covered by the Optional Protocol in the years 2004-2007.
The Republic of Korea has taken preventive measures against sexual crimes. The government does not have any specific statistics on trafficking in children. No evidence of child trafficking has been found yet for purposes other than child prostitution. The number of reported cas e s o f c h i l d p r o s t i t u t i o n w a s 1 , 1 3 7 i n 2 0 0 5 , 9 6 4 i n 2 0 0 6 a n d 1 , 2 4 6 i n 2 0 0 7 . T h e o u t c o m e s o f t h e c a s e s a r e a s f o l l o w s :
0T a b l e 2 0 0R e p o r t e d c a s e s o f c h i l d p r o s t i t u t i o n a n d t h e t y p e s o f f o l l o w - u p
Y e a r R e p o r t e d P r o c e e d e d ( T o t a l ) P r o s e c u t e d N o n - p r o s e c u t e d O t h e r s a$ I n d i c t e d S u m m a r y i n d i c t m e n t I n d i c t m e n t s u s p e n d e d O t h e r s `$ 2 0 0 5 1 , 1 3 7 1 , 1 2 9 2 7 4 5 1 8 1 0 4 8 5 1 4 8 2 0 0 6 9 6 4 1 , 0 0 3 1 7 7 5 6 8 5 0 8 0 1 2 8 2 0 0 7 1 , 2 4 6 1 , 2 1 5 2 4 5 5 1 9 1 5 2 1 2 3 1 7 6 ; `$ : u n s u s p e c t e d , n o t g u i l t y , n o r i g h t t o a r r a i g n m e n t , a n d d i s m i s s a l a$: s t a y of prosecution, stay of reference , case of juvenile protection, case of domestic relations protection and case of protection against prostitution
Source: Ministry of Justice (unit: no. of persons)
The number of reported cases of child pornography has decreased from 32 in 2005 to 16 in 2006 and 5 in 2007. The outcomes of the cases are as follows:
Reported cases of child pornography and the types of follow-up
YearReportedProceeded
(Total)ProsecutedNon-prosecutedOthersIndictedSummary indictmentIndictment suspendedTransferred to another authority 200532271402110200616301921802007 5531010Source: Ministry of Justice (unit: no. of persons)
The number of arrests involving child prostitution and the types of follow-up are provided below. The number of arrests involving child prostitution is on the decrease from 1,139 in 2005 to 744 in 2006 and 377 in June 2007.
Arrests involving child prostitution
YearNumber of arrestsNumber of persons arrestedProceededThose arrestedProsecutedNon-prosecutedOffendersRelated parties,e.g. pimpsJuveniles sent to the Prosecutors Office20051,1391,9462951,6511,6113053020067441,7451491,5961,502183602007.3771,173631,110829123221* ; J u v e n i l e i n d i c t m e n t s h a v e i n c r e a s e d a s t h o s e w h o w e r e s u b j e c t t o d i s m i s s a l w i t h a c a u t i o n a r e n o w a l l b o o k e d o n a c h a r g e s i n c e t h e r e v i s i o n o f t h e J u v e n i l e P r o t e c t i o n L a w a g a i n s t S e x u a l E x p l o i t a t i o n . .
S o u r c e : G o v e r n m e n t Y o u t h C o m m i s s i o n
P a r t i c u l a r l y , u nder the Juvenile Protection Law against Sexual Exploitation, the Public Disclosure System of Sex Offenders against Juveniles started in July 2000. The law requires personal information, including name, age, occupation, and description of the case to be displayed online for six months and on public boards for one month. So far, the personal information of 6,519 sex offenders (50% of total sex offenders) has been disclosed.
Progress of the Public Disclosure System of Sex Offenders against Juveniles
YearTo be
deliberatedDisplayedTo be
educatedEducatedAdministrative
Litigation
(no. of cases)Administrative Appeal
(no. of cases)20042,5071,1103102622220052,7691,0446544201220062,5691,0277563501220072,01586844423523Total 9,8603,0502,1641,26769Source: Government Youth Commission
Progress of the Public Disclosure System by crime type
Year Total RapeSexual assault To be displayed Displayed To be displayedDisplayedTo be displayedDisplayed20042,5071,11042237455935020052,7691,04443138464329220062,5691,02737434170134220072,015868292267705356Total 9,8603,0501,5191,3662,6081,340YearPurchasing prostitution Arranging prostitution Production of pornography To be displayedDisplayedTo be displayedDisplayedTo be displayedDisplayed20041,4012621241231120051,5512311401334420061,4212756864552007988217282622Total 5,3619853603461212Source: Government Youth Commission (unit: no. of cases)
9. Please provide information on initiatives taken by the State party to prevent child sex tourism by Korean citizens abroad, including any legislative measures. Has the State party taken any measures to disseminate the Code of Conduct set up by the World Tourist Organization on the protection of children from sexual exploitation in travel an d tourism?
The Korean government has actively taken actions, including the enactment of specific legislations and raising public awareness, to prevent overseas travel for the purpose of child prostitution. The Act on the Punishment of Acts of Arranging Sexual Traffic and the Act on the Prevention of Sexual Traffic and Protection, etc. of Victims Thereof, enacted in 2004, purport to root out prostitution, the acts of arranging prostitution, and human trafficking aimed for prostitution and to protect the human rights of the victims. In particular, article 3 of The Act on the Punishment of Acts of Arranging Sexual Traffic stipulates that the State shall work to strengthen international cooperation and to vigorously cooperate with other countries in criminal matters to prevent human trafficking aimed for prostitution.
The above-mentioned two laws have strengthened measures on the punishment of sex offenders and human traffickers as well as the protection of the victims through the following provisions : the definitions of human traffic aimed for sexual traffic and victim of sexual traffic; the confiscation of money and goods acquired by running any advertisement for prostitution, arranging prostitution and hiring any other person for the purpose of prostitution; the establishment of mechanisms to protect human rights of the victims and the postponement of executing the compulsory departure order and the custody for foreign women victims.
The Monitoring Commission on the Prevention of Prostitution held a meeting on September 19, 2007. The government reconfirmed the necessity of strategies to prevent overseas prostitution including child sex tourism, and tightened regulations and punishments on the issues. Such measures were widely covered by the media.
A Special Team to Combat Overseas Prostitution has been created in partnership between the Prosecutors Office and the National Police Agency to increase enforcement against the brokers of overseas prostitution. The government currently restricts the issuing of new passports to those convicted of arranging prostitution and purchasing sex overseas. The government plans to revise the Passport Act in order to confiscate the passports of those convicted of engaging in prostitution overseas.
In addition, overseas tour guides receive anti-prostitution education and inform tourists that they can be punished at home for engaging in prostitution abroad. Along with these, the government supports anti-prostitution efforts of Korean Associations abroad including the issuing of voluntary certificates of a prostitution-free zone to the tourism industry such as travel agencies, restaurants and entertainment businesses.
The Korean government has actively publicized the Code of Conduct set up by the World Tourism Organization. Major government policies promoted in 2007 include: efforts to raise tourists awareness about prostitution through an healthy overseas travel campaign, street and advertising campaigns to promote healthy overseas travel, short video clips on the illegality of sex tourism especially including overseas tourism for the purpose of child prostitution were produced and disseminated on the occasion of No Child Sex Tourism campaign launched in December, 2007; and online campaigns launched through websites of travel agencies and internet portals.
A certificate system for good travel products was introduced to promote healthy overseas travel and 10 out of 40 travel products were selected in 2007. Along with these initiatives, the government performs regular inspections to effectively intervene in incidents involving prostitution, and makes every effort to improve measures against overseas prostitution.
10. Please provide information on the measures taken by the State party to combat the problem of trafficking in persons for the purpose of sexual exploitation, particularly children. Please indicate whether the State party has entered into bilateral agreements with other countries with a view to providing protection and assistance to child victims of trafficking.
The Juvenile Protection Law against Sexual Exploitation, enacted in 2001, defines the punishment procedure for sexual crimes, and support and relief procedures for protecting children and juveniles against sexual crimes. The Act on the Prevention of Sexual Traffic and Protection, etc. of Victims Thereof and the Act on the Punishment of Acts of Arranging Sexual Traffic were enacted in 2004 so as to prevent prostitution, including human trafficking for the purpose of prostitution and to protect the victims. Along with these, in the interest of effective law enforcement, the Master Plan on the Prevention of Prostitution was enacted in 2004.
The Master Plan on the Prevention of Prostitution involves 17 ministries with 73 tasks under 3 main areas: raising public awareness; prevention (prohibition and prosecution); and protection. A Planning Unit on the Prevention of Prostitution, comprised of 12 government officials and 12 private experts including NGO representatives, was established for the development of the Master Plan. However, the said Unit was transformed into the Monitoring Commission on the Prevention against Prostitution for be i j
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