Residence Restrictions for High-Risk Sexual Offenders
Proposed by Then Minister of Justice Han Dong-hoon
Automatically Discarded Due to End of 21st National Assembly Term
It has been confirmed that child sex offender Jo Doo-soon (71) moved to a nearby residence about 2 km away from the house in Ansan, Gyeonggi Province, where he stayed after his release. It is known that he moved because the monthly lease contract of the house where he had lived for four years since his release in December 2020 ended. As news spread that residents living near Jo Doo-soon's new residence are trembling with anxiety, the 'Korean-style Jessica Law,' which was discarded last year, is being spotlighted again.
Jo Doo-soon, who was caught leaving home in violation of the nighttime outing restriction order, is answering questions from reporters. [Photo by Yonhap News]
The official name of the 'Korean-style Jessica Law' is the 'Act on Designation of Residence for High-Risk Sexual Offenders.' This bill allows the court to issue a 'residence designation order' requiring high-risk sex offenders to reside in facilities operated by the government or local governments after their release.
The law applies to high-risk sex offenders who have committed sexual crimes against children under 13 years old or those who have been sentenced to more than 10 years for three or more sexual offenses. If they want to leave the designated residence for more than one day, they must obtain permission from the probation office chief. If they leave the residence without justifiable reason, they may face imprisonment for up to three years or a fine of up to 30 million won.
The Korean-style Jessica Law was inspired by the U.S. Jessica Law. The Jessica Law is named after Jessica Lunsford, a victim of child sexual abuse in Florida in 2005. The core provisions of the law include a minimum 25-year prison sentence for offenders who commit sexual crimes against children under 12, permanent attachment of a tracking device, and prohibition from residing within 3,000 feet (610 meters) of schools or parks. It is currently enforced in more than 30 states, including Florida.
On the afternoon of October 24 last year, Han Dong-hoon, then Minister of Justice, explaining the legislative notice of the 'Korean-style Jessica Law' at the Government Complex Gwacheon [Photo by Yonhap News]
On the other hand, the Korean-style Jessica Law was discarded with the end of the 21st National Assembly's term in May this year. In January last year, the Ministry of Justice selected the Korean-style Jessica Law as one of its five key initiatives. In October of the same year, then-Minister of Justice Han Dong-hoon personally held a legislative briefing. Although it passed the Cabinet meeting in January, it ultimately failed to pass the subcommittee of the National Assembly's Legislation and Judiciary Committee. The main point of contention was that it excessively infringed on the constitutional right to 'freedom of residence and movement' guaranteed by Article 14 of the Constitution.
However, in the 22nd National Assembly, 11 members including Kim Young-jin of the Democratic Party of Korea newly proposed a bill with the same name in July. Representative Kim pointed out, "The Ministry of Justice submitted the bill too late in the 21st National Assembly, so substantive discussions did not take place," and added, "The state needs to take a more active role to ensure the safety of the people."
A security post installed near the residence address where child sex offender Jo Doo-soon will live after release
According to the 'Status of Schools with Registered Sex Offenders Living Within a 1 km Radius,' received by Baek Seung-ah, a member of the National Assembly's Education Committee from the Ministry of Gender Equality and Family on the 30th of last month, 59% (16,280) of all daycare centers and 51% (3,892) of kindergartens have sex offenders living within 1 km of their vicinity.
There is an elementary school within 300 meters of Jo Doo-soon's new residence. Within a 1.5 km radius, there are four elementary schools and about 30 daycare centers. Residents who have become neighbors of Jo Doo-soon are trembling with extreme anxiety. In fact, after news of Jo Doo-soon's release was announced, parents of victimized children suffered from anxiety and left Ansan, where they had lived for over 20 years.
Lee Min-geun, mayor of Ansan, said, "Ansan City will prepare effective safety measures prioritizing the alleviation of citizens' anxiety and safety, and will respond by mobilizing all available means." Jo Doo-soon is the person who abducted and sexually assaulted an 8-year-old girl on her way to school in the morning in 2008. He served 12 years in prison and has been residing in Ansan since his release.
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