Korean-style Jessica Law... "99% of Sex Offenders in Seoul Subject to Relocation"

Residence Restriction Within 500m of Minor Education Facilities
If Enforced, 99.8% of Sex Offenders in Seoul Must Relocate
Experts Say "Good Intentions but Questionable Effectiveness"

Amid various conflicting opinions about the effectiveness of the so-called "Korean-style Jessica Law" being promoted by the Ministry of Justice, it has been revealed that if the law is introduced, 99.8% of sex offenders residing in Seoul could be subject to relocation.

The Jessica Law is named after the Jessica Lunsford rape and murder case in Florida, USA, which sparked intense public outrage in February 2005. Lunsford, who was nine years old at the time, was sexually assaulted and murdered by John Couey, a neighbor.

In response, Florida enacted a law mandating a minimum sentence of 25 years imprisonment and lifetime electronic monitoring for sex offenders against children under 12, and restricting them from living within approximately 610 meters of schools and parks. The Jessica Law is currently enforced in over 30 states in the United States.

On the 26th of last month, the Ministry of Justice announced a draft amendment to the Electronic Monitoring Act, scheduled for submission to the National Assembly in May, stating that it would introduce a "Korean-style Jessica Law." Under this law, sex offenders with a high risk of reoffending would be prohibited from residing within 500 meters of educational facilities for minors such as elementary, middle, and high schools, daycare centers, and kindergartens upon release.

However, since there is concern about excessive infringement on freedom of residence, the law would be limited to offenders who reoffend or who committed sex crimes against children under 13. There is also discussion about retroactively applying the law to sex offenders who have already been released.

Citizens of Uijeongbu are holding a large-scale rally on the afternoon of October 16, 2022, in the square in front of Uijeongbu City Hall, Gyeonggi-do, demanding the withdrawal of the admission of child sex offender Kim Geun-sik to the Uijeongbu rehabilitation facility.
[Image source=Yonhap News]

However, experts point out that "while the rationale and intent of the law are understandable, its actual effect on reducing crime is not significant." According to cases in the United States, the Jessica Law has not lowered the recidivism rate of sex offenders; rather, if most sex offenders do not have stable lives as members of society due to housing instability, the likelihood of reoffending may increase.

Currently, there are a total of 7,162 minor educational facilities in Seoul, including daycare centers, kindergartens, and elementary, middle, and high schools. If sex offenders move out of Seoul, where these facilities are densely located, to the outskirts of the metropolitan area or to provinces, there are concerns that conflicts similar to those involving notorious sex offenders like Jo Doo-soon and nearby residents could be repeated.

In response, a Ministry of Justice official stated, "We are considering establishing protective facilities where sex offenders can reside even within 500 meters of minor educational facilities through exception clauses," and added, "We are carefully reviewing the bill to achieve the original purpose of preventing the recurrence of sex crimes."

Meanwhile, according to a report by Yonhap News on the 12th, among 423 sex offenders residing in Seoul whose personal information has been disclosed, 422 (99.8%) were found to be living within 500 meters of minor educational facilities. In other words, if the Jessica Law is introduced, all but one person may have to relocate elsewhere.

The one person in Seoul who would not be subject to the Jessica Law is A (43), who was released after serving a 10-year sentence for special robbery and rape. The nearest minor educational facility to A's residence is a daycare center located 636 meters away.