Sharing Information on Sex Offenders... Ministry of Justice "Opposed"

Punishment for Sharing Personal Information Already Public Under Current Law... "Concerns Over Human Rights Violations from Past Data"

Sex Offender Alert e (Photo by Homepage Capture)

[Asia Economy Reporter Bae Kyunghwan] It has been confirmed that the Ministry of Justice expressed an 'opposition' opinion during discussions among relevant authorities to amend the current law that punishes the transmission of publicly disclosed personal information of sex offenders to third parties. Although there has been significant public opinion calling for legal revision to enhance the effectiveness of personal information, a difficult path is expected before actual amendments are made.

According to the legal community on the 18th, the Ministry of Justice opposed the legal amendment allowing personal information sharing between individuals during the government's review of the personal information disclosure and notification system. This discussion is being conducted with the participation of the Korea Institute of Criminology, a government research institute, the Ministry of Justice, the police, and the Ministry of Gender Equality and Family.

Currently, once the disclosure of a sex offender's personal information is decided, it is posted on 'Sex Offender Alert e.' Anyone can check the information through Alert e, but sharing photos or addresses with others is punishable by up to five years in prison or a fine of up to 50 million won.

Article 55 of the Act on the Protection of Children and Juveniles from Sexual Abuse (hereinafter referred to as the Child and Youth Act) stipulates that such information "must only be used to identify persons suspected of sexual offenses to protect children and juveniles from registered sex offenders" and prohibits disclosure via information and communication networks.

There have been ongoing criticisms that this restriction contradicts the purpose of the personal information disclosure system. Women's organizations such as the Korean Women Workers Association argue that information sharing is even blocking ways to prevent recidivism damage. A petition to the Blue House demanding system improvements has also been submitted.

Although it was discarded due to the expiration of its term, a bill was proposed in the National Assembly in 2018 to exclude from prohibited acts the sharing of sex offender information between individuals via information and communication networks within the disclosure period or sharing in private group chats not publicly disclosed.

However, the Ministry of Justice insists on opposing this system improvement due to concerns about social side effects. The main reason is that if personal information sharing occurs, it cannot reflect real-time changes in notification content.

The Ministry of Justice explains that if sharing of sex offenders' personal information is permitted, changes such as residential moves, expiration of the information disclosure notification period, or removal of electronic anklets occurring after the fact may not be reflected.

Many legal professionals who agree with the Ministry of Justice's opinion also exist. 'Sex Offender Alert e' is a channel where anyone can check information in real time, but once the information starts to be shared, it could lead to human rights violations due to 'outdated information.'

A lawyer in Seocho-dong said, "Rather than releasing it all at once to allow sharing, it might be more effective to impose partial restrictions such as sharing only among family members or within the same local area." Although the initial intention of the discussions among relevant authorities was to ease restrictions, there is a general sense of acceptance of the Ministry of Justice's opposition among other agencies.

Meanwhile, the discussion draft, which will be used as basic data for amending the Act on the Protection of Children and Juveniles from Sexual Abuse, will be concretized after additional investigations by related agencies. This will include measures such as adding 'single female households' to the notification targets, shortening the inter-agency linkage process for personal information, and linking the protection of children and juveniles with the autonomous police system.