Online Grooming Punishment Law Enforced on the 24th... Undercover and Private Investigations Also Allowed

Punishment Possible Even Before Occurrence of Sexual Violence or Exploitative Material
Up to 3 Years Imprisonment or Fine Up to 30 Million Won
Must Report to National Police Commission, etc. During Non-Public Investigations

[Asia Economy Reporter Han Jinju] A law punishing online grooming acts that lure children and adolescents for sexual exploitation with up to three years of imprisonment or a fine of up to 30 million won will be enforced. The police will be able to keep their identity confidential while collecting related evidence, and undercover investigations will be possible if there is suspicion of a crime.

On the 23rd, the Ministry of Gender Equality and Family announced that the partial amendment to the Act on the Protection of Children and Juveniles against Sexual Abuse, prepared in response to the Telegram Nth Room case, will be enforced from the 24th.

The Ministry of Gender Equality and Family and related agencies have been pushing for a legal amendment to include "online grooming," the process of luring children and adolescents for sexual exploitation, as a punishable offense even before the establishment of rape or sexual exploitation material crimes. Until now, there was no basis for punishment before sexual violence, prostitution, or production of sexual exploitation materials occurred, making it difficult to continue investigations even if reports were made, but now punishment is possible solely for luring or solicitation.

Online grooming refers to acts of continuously or repeatedly engaging in conversations that induce sexual desire, shame, or disgust, or inducing sexual acts, online to sexually exploit children and adolescents.

A special provision has also been established to allow the police to investigate undercover or with concealed identity to detect digital sex crimes in advance. The police can approach criminals without revealing their identity to collect crime-related evidence and materials, and with court approval, can conduct undercover investigations if there is suspicion of a crime.

The Ministry of Gender Equality and Family, in consultation with the Ministry of Justice and the National Police Agency, specified in the enforcement decree the delegated matters from the law and detailed methods and approval procedures for investigations with concealed identity. When conducting investigations with concealed identity, the police must report to the National Police Commission and the National Assembly. For non-disclosed investigations, after explaining the necessity, target, scope, period, and location of the investigation, approval must be obtained from the head of the investigative department of the superior police agency.

The enforcement decree specifies the period for non-disclosed or undercover investigations as three months each. For undercover investigations, the prosecutor must apply for approval by stating the purpose, target, period, and method of the undercover investigation, and the prosecutor must request court approval.

It is stipulated that judicial police officers must ensure that they do not induce criminal intent in persons who originally have no criminal intent and prevent additional harm to child and adolescent victims during investigations.

Previously, "opportunity-providing investigations" could only be conducted within the scope recognized by precedent, so the admissibility of evidence could vary depending on the court's retrospective judgment. However, with the institutionalization of undercover investigations, a more stable investigative foundation can be established.

Jeong Young-ae, Minister of Gender Equality and Family, stated, "With the enforcement of punishment for online grooming acts and investigations with concealed identity and undercover operations, we will work harder to eradicate digital sex crimes against children and adolescents and protect victims."