Democratic Party Rep. Kim Young-bae Proposes Amendment
Key Point: 'Statute of Limitations Begins After Victim Reaches Adulthood'
A bill to apply the statute of limitations for school violence from the time the victimized student reaches adulthood has been proposed in the Criminal Procedure Act.
On the 1st, Kim Young-bae, a member of the National Assembly's Legislation and Judiciary Committee from the Democratic Party of Korea, announced that he had proposed such an amendment to the Criminal Procedure Act.
The main content of the bill is to allow the statute of limitations for crimes such as injury, assault, confinement, and threats, which fall under school violence as defined in Article 2, Paragraph 1 of the relevant law, to begin from the day the victimized student reaches adulthood.
Currently, the statute of limitations for school violence is not specified in the School Violence-related Act, so the statutes of limitations for assault (5 years), injury (7 years), or forcible molestation (10 years) under the Criminal Act apply. Therefore, if a victim experienced school violence in elementary school, the statute of limitations may expire before they reach adulthood, making prosecution impossible.
Rep. Kim pointed out, “It is not uncommon for the statute of limitations to expire while the minor victim does not even consider whether to file a complaint against the perpetrator.”
He added, “School violence, which is often treated as if it never happened once the student graduates, should be punishable even after the victim reaches adulthood, and the system needs to be improved accordingly. This amendment will be the first step toward that goal.”
Earlier this year, Pyo Ye-rim (28), a beautician and YouTuber, shocked society by revealing her experience of school violence through online communities and broadcasts.
In March, Pyo submitted a national petition to the National Assembly requesting the amendment of the relevant law. The petition passed after receiving 50,000 signatures in just nine days.
In the petition, Pyo, who identified herself as “a victim and survivor of school violence in elementary, middle, and high school,” stated, “I was exposed to school violence for 12 years, but the statute of limitations set by law is a maximum of 10 years.”
Pyo Ye-rim, who exposed school violence victimization earlier this year and urged related law amendments [Image source=Captured from the 'Caricula Detective Agency' YouTube channel]
She continued, “It is obvious that minors are in a vulnerable state where it is difficult for them to protect themselves,” and argued, “It is reasonable to suspend the statute of limitations for school violence crimes until the victim graduates from school, reaches adulthood, and is able to speak about the harm they experienced and seek means to recover from the damage.”
She urged, “I hope the statute of limitations for school violence will be eliminated through the enactment of related laws so that the statute of limitations does not block the victim’s future when they become adults after being exposed to school violence.”
On the 1st, Pyo posted on her social network service (SNS) about Rep. Kim’s proposal of the amendment to the Criminal Procedure Act, expressing her joy by saying, “Although it is still a long way to the amendment, it has finally been proposed.” She also asked, “I would appreciate it if many people take interest in this bill and watch over it until it is amended.”
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