Government released, in 2008, the measures to eliminate sexual violence in sport,
including permanent disqualification of sport instructors who commit sexual violence.
In 2010, it also unveiled the plan to establish an advanced system to operate school
sport teams. Under the plan, the Government would introduce the minimum educational
attainment accreditation system, prohibit the athletes short of the minimum standards of
educational attainment from participating in competitions, adopt the programs to
promote educational attainment of underage athletes, ban the use of lodging houses and
set up the guidelines on the dormitories for athletes. Despite the Government's efforts,
however, it is questionable whether they are effective enough. In fact, the athletes who
failed to meet the standards of minimum educational attainment were allowed to take
part in such privileged competitions as the Olympics, World Cup, Asian Games and
Universiade. Additionally, the weekend league system was adopted to prevent underage
athletes from missing school classes, however, with exception of important
competitions at home and abroad. The guidelines on the dormitories for athletes have
not been drawn up yet, and the minimum educational attainment standards, which have
no binding force with regard to selection of qualified student athletes, are questionable
in their effectiveness. Furthermore, the problem of violence against underage athletes is
persistent.
103. The Government should draw up and implement practical measures
to prevent violence against underage athletes and guarantee their right to
education.
Ⅸ. Optional Protocols
1. Implementation of the Optional Protocol on Sale of Children, Child
Prostitution and Child Pornography
Child Pornography (CRC/C/KOR/3-4, para. 560-561; CRC/C/KOR/Q/3-4, para. 64)
104. The child pornography as defined in the Act on the Protection of Juveniles
from Sexual Exploitation does not include an adult who looks like a child engaged in
sexual activities or the image of a non-existent child. Accordingly, child pornography
with the appearance of virtual or seem-to-be children cannot be punished under the Act.
The UN Committee on the Rights of the Child, finding that the Act is not compatible to
Article 2 (c) of the Optional Protocol on Sale of Children, Child Prostitution and Child
Pornography, recommended in 2008 that the Korean Government should revise the Act.
105. The whole process of producing, distributing and selling child
pornography is usually carried out on Internet and, for this reason, in many cases,
those involved in the process are elusive. Furthermore, no fact-finding effort has been
made to identify the current situation of child pornography and, consequently, no
estimates are available on the number of child victims and the extent of damage that is
done to the children.
106. The Government should revise the Act on the Protection of Juveniles
from Sexual Exploitation to ensure the child pornography with the appearance of
virtual or seem-to-be children is also subject to punishment. Additionally, it needs
to conduct a regular fact-finding survey to have a clear understanding about the
number of child victims and the extent of damage.
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