Seminar on 'Achievements and Challenges of the Amendment to the Child and Youth Sexual Protection Act' Held
Online Grooming Punishment Basis Specified... Identity Concealment and Undercover Investigation Allowed
"Identity Concealment Investigation Up to 3 Months, Extension Needed Due to Online Investigation Characteristics"
[Asia Economy Reporter Han Jinju] A bill allowing undercover investigations without revealing identity or even permitting disguised investigations for sex crimes against children and adolescents, such as online grooming, will be implemented starting September. Investigators in charge of practical investigations have suggested expanding the scope of undercover investigations to include digital sex crimes against adults and extending the period of identity non-disclosure investigations to enhance the effectiveness of the system.
On the 31st, a seminar titled "Achievements and Tasks of the Amendment to the Act on the Protection of Children and Adolescents from Sexual Abuse," hosted by National Assembly members Kwon In-sook and Yang Geum-hee and organized by the Ministry of Gender Equality and Family and the National Police Agency, will be held at 2 p.m. in the conference room of the National Investigation Headquarters of the National Police Agency.
This seminar was arranged to discuss the amendment to the Act on the Protection of Children and Adolescents from Sexual Abuse, which includes grounds for punishing online grooming and special provisions for police undercover investigations with identity non-disclosure. The bill contains provisions allowing the police to conceal their identity or conduct undercover investigations to detect digital sex crimes against children and adolescents. Police can approach criminals without revealing their identity to collect evidence and materials, and if there is suspicion of a crime, they can conduct undercover investigations with court approval to achieve investigative objectives. The creation, alteration, and use of documents, drawings, and electronic records for undercover investigations are also permitted.
Yoo Na-gyeom, a detective at the Cyber Investigation Division of the Seoul Metropolitan Police Agency, said, "Undercover investigations with concealed identity can be extended every three months up to a maximum of one year, but 'identity non-disclosure investigations' have a maximum period limit of three months." He added, "Due to the nature of digital sex crimes, which require international cooperation and lengthy suspect identification, reviewing partial amendments to the relevant provisions is necessary. In urgent situations where it is difficult to obtain approval from higher authorities or department heads for undercover investigations, regulations allowing identity non-disclosure investigations should be established."
He further argued that regulations should be established to allow undercover investigations for digital sex crimes involving adults as well. Detective Yoo pointed out, "Regulations for undercover investigations of digital sex crimes against adults, such as illegal filming or distribution, need to be established. Since it is concluded that undercover investigations are difficult without child or adolescent victims, this requires review."
Park Mi-hye, head of the Women and Youth Division at Hanam Police Station, explained, "In South Korea, it is now necessary to apply special provisions for undercover investigations not only for digital sex crimes against children and adolescents (such as sexual exploitation materials) but also for prostitution activities." She added, "To guide children and adolescents exposed to online prostitution crimes, it is necessary to establish regulations allowing legal identity non-disclosure investigations from the victim acquisition stage and to create a bill that enables punishment of suspects even without victims."
Professor Jang Yoon-sik of the Global Studies Department at Hallym University, who introduced practical cases of undercover investigations overseas, stated, "Undercover investigations are highly effective in suppressing online crimes and conducting effective investigations and punishments. Since controversies over undercover investigations continue even in various advanced human rights countries, efforts to control them effectively are also necessary." He emphasized, "In a situation where public attention is focused on the strengthening of police investigative authority, how legally these investigations are managed and how effectively they are used will greatly influence public trust in the entire police investigation system."
Kang Sun-hye, head of the International Cooperation Team at Tacteen Tomorrow, pointed out, "There is survey data showing that when online sexual violence occurs, adolescents consider strong punishment and swift police action to be the most necessary." She added, "While catching perpetrators through undercover investigations is important, attention must also be paid to rescuing victims, and strict adherence to rules is essential for fair investigations."
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