Act On The Punishment Of Acts Of Arranging Sexual Traffic


Published: 2011-05-23

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CHAPTER Ⅰ GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to eradicate sexual traffic, acts of arranging sexual traffic, etc. as well as human traffic aimed at sexual traffic and to protect the human rights of victims of sexual traffic.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 2 (Definitions)   print
(1) The terms used in this Act shall mean as follows:
1. The term "sexual traffic" means doing an act falling under any of the following items for an unspecified person or becoming a partner thereof in return for receiving or promising to receive money, valuables or other property gains:
(a) Sexual intercourse;
(b) Pseudo-sexual intercourse using parts of the body, such as the mouth and anus, or implements;
2. The term "acts of arranging sexual traffic, etc." means doing an act falling under any of the following items:
(a) Arranging, soliciting for, enticing or coercing to engage in sexual traffic;
(b) Providing a place for sexual traffic;
(c) Providing funds, land or buildings, in awareness that they are used for sexual traffic;
3. The term "human traffic aimed at sexual traffic" means doing an act falling under any of the following items:
(a) Transferring targeted persons to a third person while holding them under control and management by a deceptive scheme, by force or by other means equivalent thereto for the purposes of making them sell sex or do obscene acts referred to in Article 245 of the Criminal Act, or using them as an object of pictures, videos, etc. depicting sexual intercourse and other obscene scenes;
(b) Transferring to a third person juveniles as defined in subparagraph 1 of Article 2 of the Juvenile Protection Act (hereinafter referred to as "juvenile"), persons who have no or weak ability to discern things or make decisions, or persons with serious disabilities determined by Presidential Decree who are targeted for the same purposes as those under item (a) while holding them under control and management in return for providing or promising to provide money or valuables, such as pre-payments, and other property gains to such juveniles or persons or to persons who protect or guard the said persons;
(c) Transferring targeted persons for the same purposes as those under item (a) or for the purpose of resale, in awareness that acts referred to in items (a) and (b) take place;
(d) Recruiting, moving and hiding targeted persons for acts referred to in items (a) through (c);
4. The term "victim of sexual traffic" means persons falling under any of the following items:
(a) A person compelled to engage in sexual traffic by means of a deceptive scheme or by force, or by other means equivalent thereto;
(b) A persons who has engaged in sexual traffic, while addicted to narcotics, psychotropic drugs or cannabis referred to in Article 2 of the Act on the Control of Narcotics, etc. (hereinafter referred to as "narcotics, etc.") by a person protecting or guarding him/her due to business relationships, employment relationships and other relationships;
(c) A juvenile, person having no or weak ability to discern things or make decisions, or a person with serious disabilities determined by Presidential Decree who are solicited or enticed to engage in sexual traffic;
(d) A person who has been trafficked aimed at sexual traffic.
(2) In cases falling under any of the following subparagraphs, targeted persons shall be deemed to be held under control and management referred to in paragraph (1) 3 (a):
1. Where even if the consent of a targeted person is obtained by means of provision of pre-payments, etc., such targeted person is kept from disengagement against his/her will;
2. Where a person hiring and supervising other persons, a person arranging immigration and job opportunities, or a person assisting the said persons receives a passport or any certificate in lieu of a passport under the pretext of securing the performance of obligations, etc. for the purpose of having passport holders engage in acts of selling sex.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 3 (Responsibilities of State, etc.)   print
(1) The State and local governments shall take legal and institutional measures and secure financial resources for education, publicity, etc. to prevent and eradiate sexual traffic, acts of arranging sexual traffic, etc. and human traffic aimed at sexual traffic.
(2) The State shall endeavor to promote and international cooperation and strengthen cooperation with other countries in criminal justice to prevent human traffic aimed at sexual traffic.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 4 (Prohibited Acts)   print
No person shall engage in acts falling under any of the following subparagraphs:
1. sexual traffic;
2. Arranging sexual traffic, etc.;
3. human traffic aimed at sexual traffic;
4. Employing or recruiting other persons for the purpose of having them engage in acts of selling sex, or brokering or arranging jobs in awareness that sexual traffic takes place;
5. Conducting acts referred to in subparagraphs 1, 2 and 4 and advertising a business place in which such acts take place;
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 5 (Relationships with Other Acts)   print
In cases where the Act on the Protection of Children and Juveniles from Sexual Abuse provides otherwise for matters prescribed in this Act, the provisions of the former Act shall govern.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
CHAPTER Ⅱ PROTECTION OF VICTIMS, ETC. OF sexual traffic
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 Article 6 (Special Cases for Punishment and Protection of Victims of sexual traffic)   print
(1) No victims of sexual traffic shall be punished.
(2) When a prosecutor or judicial police officer finds a considerable ground to deem a suspect or witness to be a victim of sexual traffic in the course of conducting an investigation, he/she shall promptly notify the statutory agent, relative or attorney-at-law thereof and take measures necessary for the protection thereof, such as protection of such suspect or witness, non-disclosed investigation, transfer such suspect or witness to a relative, shelter, or counselling center for victims of sexual traffic: Provided, That he/she may not make such notice when any extenuating circumstance exists, such as the protection of privacy of such suspect or witness.
(3) Articles 7 through 13 of the Act on Protection of Specific Crime Informants, etc. shall apply mutatis mutandis to cases where a court or an investigative agency investigates a person who reported an offense prescribed in this Act (including complaints and accusations; hereinafter the same shall apply) or a victim of sexual traffic (hereinafter referred to as "informant, etc.") or interrogates such person or victim as a witness. In such cases, the condition requiring the likeliness to be retaliated shall be unnecessary save Articles 9 and 13 of the Act on Protection of Specific Crime Informants, etc..
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 7 (Duty to Report, etc.)   print
(1) The heads of shelters under Article 5 (1) of the Act on the Prevention of Sexual Traffic and Protection, etc. of Victims thereof and counselling centers for victims of sexual traffic under Article 10 of the same Act, or employees thereof shall, when becoming aware of any victim of sexual traffic in connection with their duties, make a report thereon to an investigative agency.
(2) No person shall disadvantage persons who have made a report on any offense prescribed in this Act on the grounds of such report.
(3) Except as otherwise provided for in other Acts, no information or material by whicho informants, etc. can be identified, such as personal information or pictures shall be published in the Internet or publications nor broadcasted by means of broadcast media.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 8 (Sitting with Trusted Persons)   print
(1) A court may, when interrogating an informant, etc. as a witness, allow such informant, etc. to sit with a person trusted by him/her ex officio or at the request of the person in question, statutory agent or prosecutor.
(2) A investigative agency may, when investigating an informant, etc., allow such informant, etc. to sit with a person trusted by him/her ex officio or at the request of the person in question or statutory agent.
(3) A court or investigative agency shall, when receiving a request referred to in paragraphs (1) and (2) with respect to a juvenile or a person having no or weak ability to discern things or make decisions or a person with serious disabilities determined by Presidential Decree, allow such juvenile or person to sit with a person trusted by him/her unless any special ground exists, such as likeliness to impede trials or investigations.
(4) Any person who is seated in the scene of interrogation or investigation pursuant to paragraphs (1) through (3) shall not exert any unfair influence on investigations or trials by means of making vicarious statements, inducing statements, etc.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 9 (Non-Disclosure of Trials)   print
(1) A court may, when necessary to protect the privacy of informants, etc. and protect informants, etc. from danger, not disclose trials to the public by its decision.
(2) Any informant, etc. and his/her family member who are summoned as witnesses may request not to disclose the interrogation thereof to protect their privacy and protect themselves from danger.
(3) A presiding judge may, upon receiving a request referred to in paragraph (2), decide on whether to accept such request, and methods and a place of interrogation, such as interrogation in a place other than the courtroom.
(4) Article 57 (2) and (3) of the Court Organization Act shall apply mutatis mutandis to non-disclosure of trials under paragraphs (1) and (3).
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 10 (Invalidity of Claims on Grounds of Illegalities)   print
(1) Any claim held by a person falling under any of the following subparagraphs against a person who has engaged or is to be engaged in acts of selling sex in connection with the relevant acts shall be invalidated regardless of the form or title of the relevant contract. The same shall apply to cases of transferring relevant claims or acquiring relevant liabilities:
1. A person who has engaged in acts of arranging sexual traffic, etc.;
2. A person who has employed or recruited persons to engage in acts of selling sex or has brokered or arranged such job;
3. A person who has engaged in human traffic aimed at sexual traffic.
(2) A prosecutor or judicial police officer shall, when investigating a case against which a complaint or an accusation is filed on the ground of nonfulfillment of an obligation suspected to be related to an illegality referred to in paragraph (1), conduct such investigation after confirming whether money, valuables or other property gains were provided as means to entice or coerce sexual traffic or to prevent escape from a sexual traffic business place.
(3) A prosecutor or judicial police officer shall, when investigating a person who has engaged in acts of selling sex or a victim of sexual traffic, inform the person in question, statutory agent, etc. of the fact that a claim referred to in paragraph (1) is null and void and he/she may use shelters, etc.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 11 (Special Cases for Foreign Women)   print
(1) When a foreign woman makes a report on any offense prescribed in this Act or a foreign woman is investigated as a victim of sexual traffic, an order for compulsory deportation referred to in Article 49 of the Immigration Control Act and internment referred to in Article 51 of the same Act shall not be issued or executed until a disposition not to institute a public action is issued or a public prosecution is institute against the relevant case. In such cases, an investigative agency shall take necessary measures for immigration control, such as informing an immigration office of the personal matters and place of living of such foreign woman.
(2) A prosecutor may, after instituting a public prosecution against a case referred to in paragraph (1), request the heads of the relevant agencies, such as the head of an immigration office, to suspend the execution of an order for compulsory deportation or temporarily lift internment which are referred to in paragraph (1) for a fixed period of time, taking into account the actual conditions of victims of sexual traffic, testimony, necessity for compensation and other circumstances.
(3) The relevant foreign women may use shelters, etc. during the period in which the execution of an order for compulsory deportation is suspended or internment is temporarily lifted pursuant to paragraphs (1) and (2).
(4) An investigative agency shall, when investigating a foreign woman as a victim of sexual traffic, inform her that she can file a claim for compensation in accordance with the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.
(5) When a foreign woman who is a victim of sexual traffic files a claim for compensation in accordance with the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, paragraph (1) shall apply mutatis mutandis to such foreign woman until a relevant order of compensation is made final and conclusive.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
CHAPTER III PROTECTION CASE
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 Article 12 (Processing of Protection Cases)   print
(1) A prosecutor shall, when recognizing that it is appropriate to issue a protective disposition under this Act to a person who has engaged in sexual traffic in consideration of the nature and motives of the case as well as the character, conduct, etc. of the offender, transfer the case to the competent court as a protection case unless any special circumstance exists.
(2) A court may, when recognizing that it is appropriate to issue a protective disposition under this Act after trying a sexual traffic case, transfer the case to the competent court for protective cases by its decision.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 13 (Jurisdiction)   print
(1) Jurisdiction over protection cases prescribed in this Act (hereinafter referred to as "protection case") shall be a family court having jurisdiction over a place where sexual traffic has taken place, or a place of residence or current location of a persons who has engaged in sexual traffic: Provided, That in cases of areas in which a family court is not established, it shall be a district court of the relevant area (including its branch offices; hereinafter the same shall apply).
(2) Trials and decisions on protection cases shall be held and made by a single judge.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 14 (Determination on Protective Dispositions, etc.)   print
(1) A judge may, when recognizing that a protective disposition is necessary as a result of a trial, issue a disposition falling under any of the following subparagraphs by his/her decision:
1. Prohibition of entrance into places or areas in which sexual traffic is concerned to take place;
2. Probation under the Act on Probation, etc.;
3. An order for social service or attending courses under the Act on Probation, etc.;
4. Commissioning a counselling center for victims of sexual traffic under Article 10 of the Act on the Prevention of Sexual Traffic and Protection, etc. of Victims thereof for counselling;
5. Commissioning a specialized medical institution referred to in Article 27 (1) of the Sexual Violence Prevention and Victims Protection Act for medical treatment.
(2) The dispositions referred to in each subparagraph of paragraph (1) may be concurrently imposed.
(3) A court shall, when it decides on a protective disposition, promptly give notice thereof to the prosecutor, person subject to such protective disposition, probation officer, and each head of the supporting institution, counselling center for victims of sexual traffic, or specialized medical institution which performs such protective disposition commissioned: Provided, That when commissioning a protective disposition to a commissioning institution which is not operated by the State, the court shall obtain the consent of the head of such institution as to commissioning.
(4) A court shall, when it has issued a disposition referred to in paragraph (1) 2 through 5, forward material necessary for education, counseling, treatment and probation to probation officers or the heads of commissioning institutions.
(5) The provisions of the Act on Probation, etc. shall apply mutatis mutandis to matters not provided for in this Act with respect to probation and an order for social service and attending courses.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 15 (Period of Protective Disposition)   print
The period of a protective disposition referred to in paragraph (1) 1, 2 and 4 of Article 14 and the period of an order for social service or attending courses referred to in subparagraph 3 of the same paragraph shall not exceed six months and 100 hours, respectively.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 16 (Change in Protective Dispositions)   print
(1) A court may, upon a request of prosecutors, probation officers and the heads of commissioning institutions, change the kind and period of protective dispositions by its decision only once.
(2) In cases of changing the kind and period of a protective disposition pursuant to paragraph (1), the period of a protective disposition referred to in paragraph (1) 1, 2, 4 and 5 of Article 14 and the period of an order for social service and attending courses referred to in subparagraph 3 of the same paragraph shall not exceed one year and 200 hours, respectively when summing up the previous disposition period.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 17 (Other Acts Applicable Mutatis Mutandis)   print
(1) Except as otherwise provided for in this Act, Articles of 13 through 17, 19 through 28, 30, 31, 32 (1), 34 through 38, 43, 44, and 46 through 54 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence shall apply mutatis mutandis to protective dispositions against sexual traffic cases, on condition that "crimes of domestic violence" and "family protection case" shall be deemed "sexual traffic" and "protection case," respectively: Provided, That provisions not applicable to sexual traffic cases by nature, such as Articles pertaining to temporary measures and rights of victims or statutory agents shall not apply mutatis mutandis.
(2) Except as otherwise provided for in this Act, matters concerning investigations and trials on protection cases shall be determined by the Supreme Court Rules.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
CHAPTER IV PENAL PROVISIONS, ETC.
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 Article 18 (Penal Provisions)   print
(1) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than 10 years or by a fine not exceeding 100 million won:
1. A person who has had another person engage in the conduct of selling sex by force or by threatening;
2. A person who has had a person who sells sex engage in the conduct of selling sex by putting such person in trouble by a deceptive scheme or by other means equivalent thereto;
3. A person who has had another person engage in the conduct of selling sex by taking advantage of his/her status to protect and guard such person due to kinship, employment relationships and other relationships;
4. A person who has taped videos, etc. depicting obscene content, such as sexual intercourse, by a deceptive scheme or by force.
(2) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for a limited period of not less than one year:
1. A person who has committed an offense referred to in paragraph (1) (including those who have attempted to commit an offense) and has received or has demanded or promised a reward wholly or partially therefor;
2. A person who has had a juvenile or a person having no or weak ability to discern things or make decisions or a person with serious disabilities determined by Presidential Decree engage in the conduct of selling sex by a deceptive scheme or by force;
3. A person who has committed an offense referred to in paragraph (1) as a member of an organization or a gang referred to in Article 4 of the Punishment of Violences, etc. Act.
(3) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for a limited period of not less than three years:
1. A person who has compelled another person to engage in the conduct of sexual traffic by keeping such another person in confinement or by exercising the power of an organization or the multitude;
2. A person who has had another person undergo abortion or sterilization by a deceptive scheme or by force by taking advantage of his/her position that employs or supervises persons who have engaged in or intend to engage in the conduct of selling sex;
3. A person who has engaged in the conduct of human traffic aimed at sexual traffic;
4. A person who has committed an offense referred to in paragraph (2) 1 or 2 as a member of an organization or a gang referred to in Article 4 of the Punishment of Violences, etc. Act.
(4) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for a limited period of not less than five years:
1. A person who has had another person under his/her protection or supervision due to business relationships, employment relationships or other relationships engage in the conduct of selling sex by using narcotics, etc.;
2. A person who has committed an offense referred to in paragraph (3) 1 through 3 as a member of an organization or a gang referred to in Article 4 of the Punishment of Violences, etc. Act;
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 19 (Penal Provisions)   print
(1) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won:
1. A person who has engaged in the conduct of arranging sexual traffic, etc.;
2. A person who has recruited persons to engage in the conduct of selling sex;
3. A person who has brokered or arranged a job for another person to have such person engage in the conduct of selling sex.
(2) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than seven years or by a fine not exceeding 70 million won:
1. A person who has engaged in the conduct of arranging sexual traffic, etc. as a profession;
2. A person who has received a reward in return for recruiting persons to sell sex;
3. A person who has received a reward in return for brokering or arranging jobs to other persons to sell sex.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 20 (Penal Provisions)   print
(1) Any person falling under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won:
1. A person who has placed an advertisement (including advertising by means of various kinds of publications, mimeographed copies, telephone, the Internet and other media; hereinafter the same shall apply) for the purpose of brokering or arranging jobs for other persons to engage in selling sex, or obscene activities, etc. referred to in Article 245 of the Criminal Act;
2. A person who has placed an advertisement on business places in which sexual traffic or acts of arranging sexual traffic, etc. take place;
3. A person who has placed an advertisement soliciting or enticing other persons to purchase sex.
(2) Any person who has manufactured or supplied or placed an advertisement referred to in paragraph (1) as a profession shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 10 million won.
(3) Any person who has distributed an advertisement referred to in paragraph (1) or publications which carry such advertisement as a profession shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding five million won.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 21 (Penal Provisions)   print
(1) Any person who has engaged in the conduct of sexual traffic shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding three million won, or by detention, or by a fine for negligence.
(2) Any person who has violated Article 7 (3) shall be punished by a fine not exceeding five million won.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 22 (Aggravated Punishment on Organized Crime Syndicate)   print
Any person who has organized an organization or a gang or has joined an organization or a gang for the purpose of committing an offense prescribed in Article 18 or 19 shall be punished according to the examples referred to in Article 4 of the Punishment of Violences, etc. Act.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 23 (Persons who have Attempted to Commit Offenses)   print
Any person who has attempted to commit an offense prescribed in Articles 18 through 20 shall be punished.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 24 (Concurrent Imposition of Imprisonment with Prison Labor and Fines)   print
In cases of Articles 18 (1), 19, 20 and 23 (excluding attempts to commit an offense prescribed in Article 18 (2) through (4)), imprisonment with prison labor and a fine may be imposed concurrently.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 25 (Confiscation and Additional Collection)   print
Any money, valuables or other property gained by committing an offense prescribed in Articles 18 through 20 shall be confiscated and in cases where such confiscation is not possible, the value equivalent to such money, valuables or other property shall be collected.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 26 (Reduction of or Exemption from Punishment)   print
When a person who has committed an offense prescribed in this Act makes a report thereon to an investigative agency or surrenders himself/herself to an investigative agency, the relevant punishment may be reduced or exempted.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 27 (Joint Penal Provisions)   print
If the representative of a corporation, or an agent, employee or any other employed person of a corporation or an individual commits an offense prescribed in Articles 18 through 23 in connection with the business of the corporation or individual, not only shall the offender be punished accordingly, but the corporation or individual shall also be punished by the fine prescribed in the relevant provisions, and if no punishment by a fine is prescribed, such corporation or individual shall be punished by a fine not exceeding 100 million won: Provided, That the same shall not apply to cases where the corporation or individual has not neglected to exercise due diligence and supervision for the relevant duties in order to prevent such offense.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
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 Article 28 (Reward)   print
(1) A reward may be given to persons who report an offense referred to Article 18 (2) 3, paragraph (3) 3 and 4 of the same Article, paragraph (4) of the same Article and Article 22 to an investigative agency.
(2) Necessary matters concerning criteria and scope of the reward referred to in paragraph (1) shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 10697, May 23, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Repeal of Other Act)
The Prevention of Prostitution, etc. Act shall be hereby repealed.
Article 3 (Transitional Measures concerning Penal Provisions)
The application of the penal provisions to any act committed prior to the enforcement of this Act shall be governed by the previous Prevention of Prostitution, etc. Act.
Article 4 (Transitional Measures concerning Protective Disposition, etc.)
Procedures for any protective disposition, any protective disposition and the performance of guidance and protection that are in progress under the previous provisions at the time of enforcement of this Act shall be governed by the previous provisions.
Article 5 Omitted.
ADDENDUM<Act No. 7404, Mar. 24, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10261, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 9 Omitted.
ADDENDUM<Act No. 10697, May 23, 2011>
This Act shall enter into force on the date of its promulgation.