Ⅷ. Special Protection Measures (Articles 22, 30, 32~36, 37 (b)~(d) and 38~40)
1. Sexual exploitation
Child sexual abuse
1) Current situation
89. The Government has increased protection of the victims of child sexual abuse in the course of
criminal procedures, but the problem of secondary damage remains unresolved. The reason is not
because no program exists to prevent such secondary damage, but because the program does not
work properly in reality or is not effective enough. In effect, the practice of having the victims of
sexual abuse make repeated statements is prevalent and the investigators cannot be trained to have
sufficient expertise, despite the presence of the dedicated investigator system. In the process of
interrogation, a child victim is supposed to be accompanied by a person he/she trusts, but in some
cases, he/she was accompanied mistakenly by the person who was in favor of the offender. The
courts of law in Korea have little space for a child to wait in before taking the witness stand in
court.
90. In many cases, the families of the victims of child sexual abuse suffer as much as the children
themselves but, under the current law, family members, relatives and other people who are in a
close relationship with the child victims have no right to claim medical support. Counselling
services or therapeutic programs are not offered to the siblings or school peers of the child victims
(although the cases of sexual abuse at school have a serious adverse impact on school peers).
91. Schools usually conduct a one-off program on prevention of sexual abuse, by giving a lecture
in the auditorium or broadcasting a lecture to the whole students or giving out printed materials.
Once a case of sexual abuse occurs, schools often victimize the teachers who reported the case by
treating them unfavorably in their personnel credits, or try to cover up or reduce the incident.
92. The Government has provided the ex-convicts of child sexual abuse with an educational
program to prevent recurrence of child sexual abuse, but the program is neither streamlined nor
financially sound. The Government has not made a systematic evaluation on the current status and
the effect of the ongoing anti-recurrence measures.
93. Recognizing the need to address this situation, NHRCK recommended in 2010 that each of the
relevant government ministries and agencies should improve their policies on supporting the victims
of child sexual abuse and protecting their human rights.
- 24 -