Issue 25. Sexual exploitation and sexual abuse – in relation to para. 9 of the List of Issues 86. The Act on the Protection of Children and Youth against Sexual Abuse provides for punishment of an act of buying sex of a child or youth under 19 years of age and uses the term “the child or youth involved” which is defined as a child or youth who is the counterpart of such criminal act. Accordingly, the children or youths involved are subject to juvenile protective dispositions, which refer to the dispositions to be taken as a special procedure in the criminal procedures in accordance with the Juvenile Act. The juvenile protective dispositions include protection in a juvenile reformatory which is a custodial treatment, and a child or youth involved in a sex crime may be detained in a juvenile reformatory for 6 months ~ 2 years. 87. In June 2017, the NHRCK expressed its view that it is desirable to revise the law to make it clear that the children who are the counterparts of an act of buying sex are “victims”, but the relevant draft for revision is still pending at the National Assembly and has not been passed due to the Government’s objection. 88. In the meantime, a new provision – “a person aged 19 years or older who has sex with or commits an indecent act against a child or youth who is 13 years or older but younger than 16 years by taking advantage of the child’s or youth’s economic distress shall be punished” – has been recently inserted to the Act on the Protection of Children and Youth against Sex Offences. When a person aged 13 years or older but younger than 16 years proves that his/her economic distress was used for such criminal act, the person shall be treated as a child victim, but it is not easy to prove. In case the child is at such age but fails to prove his/her economic distress or the child is 16 years or above, the child will be still “the child involved” in the act of buying sex and be subject to a juvenile protective disposition which constitutes a custodial treatment. In the event of a criminal act of buying sex of a child, only the adult buyer should be punished and the child who is the counterpart of the act should be protected as a victim, regardless of his/her age. 89. The NHRCK recommends that the Government should immediately discontinue the system which practically punishes the children who are the counterparts of sexbuying acts, by detaining them in a juvenile reformatory, improve the relevant legislation and institutions promptly and provide stronger protection and support to child victims. 22