Enforcement Decree Of The Act On The Punishment Of Acts Of Arranging Sexual Traffic


Published: 2008-10-20

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 Article 1 (Purpose)   print
The purpose of this Decree is to prescribe matters delegated by the Act on the Punishment of Acts of Arranging Sexual Traffic and other matters necessary to enforce the same Act.
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 Article 2 (Scope of Person who is Seriously Handicapped)   print
The term "person who is seriously handicapped to the extent that is prescribed by the Presidential Decree" in Article 2 (1) 3 (b) and 4 (c), and Articles 8 (3) and 18 (2) 2 means anyone who is prescribed in the attached Table or corresponding thereto, who has difficulties in living a normal daily life or social life without the protection and supervision of another person and for that reason is week to resist any unfair pressure, deception and inducement by another person.
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 Article 3 (Application for Keeping Interrogation of Witness Undisclosed to Public)   print
Any application for keeping the interrogation of witness undisclosed to the pubic provided for in Article 9 (2) of the Act may be filed orally in the court (including a case where the interrogation of witness is in progress).
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 Article 4 (Criteria for Judging Need, etc. for Protective Disposition)   print
In passing a judgment on the need, kind and period, etc. of a protective disposition for anyone who has involved in sexual traffic, the court and prosecutor shall fully take into account various circumstances, such as the workplace, the relationship with family, the possibility of repeated offense and the effect of protective disposition of the actor as well as the motives of sexual traffic and the sexual behavior of the actor.
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 Article 5 (Application for Payment of Bounty)   print
(1) Anyone who intends to be paid a bounty (hereinafter referred to as the "bounty") for his tip-off (including complaints and accusations; hereinafter the same shall apply) in accordance with Article 28 of the Act shall file an application with the chief prosecutor of the competent district public prosecutor's office (including the heads of the branch offices of the district public prosecutor's offices; hereinafter the same shall apply) for the payment of such bounty under the conditions as prescribed by the Ordinance of the Ministry of Justice.
(2) The application referred to in paragraph (1) may be filed in an anonymous name or a false name, notwithstanding the provisions of Article 2 (1) of the Enforcement Decree of the Civil Petitions Treatment Act. In this case, the confirmation of the grounds of filing such application by the head of the agency that has received the relevant tip-off is required.
(3) The application referred to in paragraph (1) shall be filed within one year from the date on which the grounds of paying the bounty provided for in Article 6 (1) have become known.
(4) The chief prosecutor of the competent district public prosecutor's office shall, upon receiving the application referred to in paragraph (1), submit the application accompanied by the documents prescribed by the Ordinance of the Ministry of Justice to the Minister of Justice through the Prosecutor General.
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 Article 6 (Payment of Bounty)   print
(1) Bounty may be paid in case where any offense about which anyone has tipped is indicted or a disposition is taken for suspending indict ment: Provided, That even if indictment is not initiated on the grounds of the impossibility to arrest the suspect, when the concrete evidence of the offense is secured on the grounds of the tip-off or such tip-off greatly contributes to the relief of the victim of sexual traffic, bounty may be paid.
(2) The amount of bounty shall not exceed 20 million won and be payable within the limits of budget of the relevant year and specific standards for paying the bounty shall be prescribed by the Ordinance of the Ministry of Justice.
(3) The Minister of Justice may delegate part of the administrative work involving bounty payment to the Prosecutor General or the chief prosecutor of the competent district public prosecutor's office.
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 Article 7 Deleted.<by Presidential Decree No. 21087, Oct. 20, 2010>   print
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 Article 8 (Restrictions on Payment of Bounty)   print
In the cases falling under any of the following subparagraphs, bounty shall not be paid:
1. Where any public official in charge of cracking down on the offenses provided for in the Act tips off about any offense, of which he learns while performing his duties;
2. Where anyone who is liable to tip any investigation agency off about any offense under Article 7 (1) of the Act or his agent tips off about any offense;
3. Where anyone who performs the act of buying sex tips off about any offense involving his act;
4. Deleted. <by Presidential Decree No. 21087, Oct. 20, 2010>
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 Article 9 (Refund of Bounty)   print
In the event that it is confirmed that anyone has received the bounty by means of false or illegal way or the grounds provided for in each subparagraph of Article 8 exist, the Minister of Justice may have such bounty refunded.
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 Article 10 (Preparation of Payment Record of Bounty)   print
The Minister of Justice shall make and keep a payment record and a payment ledger of bounty under the conditions determined by the Ordinance of the Ministry of Justice when he pays bounty, and enter payment details thereof.
ADDENDA
(1) (Enforcement Date) This Decree shall enter into force beginning on September 23, 2004.
(2) (Repeal of Other Acts and Subordinate Statutes) The Enforcement Decree of the Prevention of Prostitution, etc. Act shall be repealed.
(3) (Relation with Other Acts and Subordinate Statutes) In the event that other Acts and subordinate statutes cite the Enforcement Decree of the previous Prevention of Prostitution, etc. Act and its provisions at the time of enforcement of this Decree, when any provisions of this Decree fall under the cited Decree and provisions, this Decree or the relevant provisions of this Decree shall be deemed cited.
ADDENDA<Presidential Decree No. 21087, Oct. 20, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.