[Sexual Exploitation, Out] Accelerating Preparations for Joining the Cybercrime Convention

Ruling Party Reviewing Amendment to Criminal Procedure Act
"Assessing Preparedness of Relevant Ministries"

Editor's NoteChild and adolescent prostitution is defined as sexual exploitation. This is because children and adolescents, whose sexual self-determination is not fully developed, cannot be regarded as subjects capable of sexual consent or contractual agreement. Children and adolescents, who quickly form a sense of intimacy online through social media, messengers, and anonymous platforms, are now more easily drawn into sexual exploitation crimes than in the past. According to the Center for Support of Victims of Digital Sex Crimes at the Korea Women’s Human Rights Institute, one out of four people (27.8%) who received support for digital sex crime victimization last year were teenagers. Compared to 2023, the number of teenage victims who received support from the center increased by more than 600 (an increase of 3.3 percentage points). Crimes of sexual exploitation against children and adolescents are clear acts of sexual abuse. This article examines whether there are ways to prevent such crimes and what specific countermeasures are needed, based on actual cases of victimization.

The government is accelerating its efforts to join the Cybercrime Convention (commonly known as the Budapest Convention), which is deemed necessary to prevent the spread of sexual exploitation crimes. The ruling party has begun reviewing legislation to amend the Criminal Procedure Act, which is a prerequisite for joining the Budapest Convention, and the political community is closely monitoring the preparation process.

Kim Hankyu, a member of the Democratic Party of Korea and secretary of the National Assembly Gender Equality and Family Committee, has begun reviewing legislation to further advance discussions related to the Budapest Convention. A staff member from Assemblyman Kim's office told Asia Economy, "We are currently examining whether the proposed bill can be differentiated from existing legislation," adding, "The results could come as early as next week."

Assemblywoman Park Junghyun of the Democratic Party, who urged the government to accelerate the process of joining the Budapest Convention during last year's parliamentary audit, is currently assessing the level of preparedness at the Ministry of Justice, the Supreme Prosecutors’ Office, the Ministry of Government Legislation, and the Ministry of Foreign Affairs.

The Budapest Convention is an international treaty adopted to combat transnational cybercrime. It defines the scope of punishable cybercrimes, regulates the sharing of cybercrime-related information, and establishes frameworks for investigative cooperation. Seventy-eight countries, including the United States, Japan, and the European Union, have joined the convention, and member countries conduct joint investigations.

In Korea, a series of digital sex crime cases have led to growing calls for joining the Budapest Convention. In particular, digital sex crimes often involve sexual exploitation materials of children and adolescents, and servers are frequently located overseas, highlighting the need for international investigative cooperation.

The Ministry of Foreign Affairs submitted a letter of intent to join the Council of Europe in October 2022. In June 2023, Korea received an official invitation to join the convention, and the formal accession process began. However, progress has stalled because an amendment to the Criminal Procedure Act, which would introduce a preservation request system-a prerequisite for joining the convention-has not passed.

The preservation request system is designed to prevent electronic evidence from disappearing during investigations. It is also a prerequisite for the Budapest Convention, but Korea’s Criminal Procedure Act currently lacks such provisions, necessitating an amendment. In November last year, Assemblywoman Cho Baesook of the People Power Party introduced the amendment, but political circumstances have prevented further discussion.

※ If you are experiencing difficulties due to digital sex crimes, domestic violence, sexual violence, prostitution or sexual exploitation, dating violence, or stalking, you can receive support 24 hours a day, 365 days a year through the Women’s Emergency Hotline 1366 (☎1366). For counseling related to child and adolescent sexual exploitation, anonymous one-on-one counseling is also available through the Korea Women’s Human Rights Institute’s youth counseling channel D4Youth (@d4youth).