Claims can be made within 3 years from the day the perpetrator becomes an adult
Retroactive application even for damages before the law's enforcement date
[Asia Economy Reporter Choi Seok-jin] In the future, minors who have suffered sexual harm will be able to directly claim damages for illegal acts against the perpetrator after they reach the age of majority (19 years old).
On the 24th, the Ministry of Justice announced that the "Partial Amendment to the Civil Act," which includes a provision to suspend the statute of limitations for claims for damages arising from sexual harm to minors until the victim reaches adulthood, has passed the plenary session of the National Assembly.
The statute of limitations is a system that extinguishes rights if they are not exercised for a certain period.
Article 766 of the current Civil Act (Statute of Limitations for Claims for Damages) states in paragraph 1 that "the right to claim damages for illegal acts shall be extinguished by the statute of limitations if the victim or their legal representative does not exercise the right within three years from the date they become aware of the damage and the perpetrator."
Paragraph 2 of the same article stipulates that "the same applies if ten years have passed since the date of the illegal act."
Therefore, when a minor suffers sexual harm, if the legal representative such as a parent becomes aware of the damage and the perpetrator, the statute of limitations is completed unconditionally after three years from that date, or if the perpetrator is unknown, after ten years from the date of the harm.
Due to this statute of limitations regulation, legal representatives had to file lawsuits on behalf of the minor victim before they reached adulthood.
Also, if parents refrained from claiming damages out of concern that the minor child's victimization would become known, the statute of limitations could be completed regardless of the minor victim's wishes.
The amendment passed by the National Assembly on this day newly adds paragraph 3 to Article 766, which regulates the statute of limitations for claims for damages arising from illegal acts.
The newly added paragraph 3 of Article 766 in the amendment states, "In cases where a minor has suffered sexual violence, sexual molestation, sexual harassment, or other sexual harm, the statute of limitations for claims for damages arising therefrom shall not proceed until the minor reaches the age of majority."
Once the amended Civil Act is enforced, if parents do not claim damages, the victim can exercise the right to claim damages within three years from reaching adulthood if they know the perpetrator, or within ten years from reaching adulthood if they do not know the perpetrator.
A Ministry of Justice official said, "With the enforcement of the amended Civil Act, the legal rights of socially vulnerable minors will be strengthened, and the legal responsibility of sexual violence perpetrators is expected to be increased."
Meanwhile, Article 2 of the Supplementary Provisions of the amended Civil Act stipulates that "the amended provision of paragraph 3 of Article 766 shall also apply to claims for damages arising from sexual harm that occurred before the enforcement of this law and for which the statute of limitations has not been completed as of the enforcement date," thereby applying retroactively to cases of sexual harm before the law's enforcement where the statute of limitations has not yet expired as of the enforcement date.
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