Sex Crimes Defense Center · Case Type

Sex crimes against children and juveniles
carry heavy penalties by design

When the victim is a child or juvenile, even the same conduct falls under a different law and the penalty rises sharply. The main issues are whether a claim of not knowing the other person's age holds up, and how sexual exploitation material files came to be stored.

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Main penalty provisions

  • Victim under 13 · Sexual intercourse or indecent acts are punished in the same way as rape, indecent assault (officially “indecent act by compulsion”) and similar crimes, even if consensual (Article 305(1) of the Criminal Act)
  • Victim aged 13 or older but under 16 · If the offender is 19 or older, punished in the same way even with consent (paragraph (2) of the same Article)
  • Production, import, export · Life imprisonment or imprisonment of at least 5 years (Article 11(1) of the Act on the Protection of Children and Youth against Sex Offenses (the “Youth Sex Protection Act”, 청소년성보호법))
  • Distribution, provision, public screening, display · Imprisonment for a fixed term of at least 3 years (paragraph (3) of the same Article)
  • Purchase, possession, viewing · Imprisonment for a fixed term of at least 1 year, with no fine option (paragraph (5) of the same Article)

Employment restrictions and personal information registration

When sentencing for a sex crime, the court in principle also issues an order prohibiting employment at institutions related to children and juveniles and similar places. The maximum period is 10 years, and the order may not be issued, for example, when the risk of reoffending is found to be remarkably low (Article 56 of the Youth Sex Protection Act). The scope is broad, including schools, private academies, sports facilities and medical institutions, so it directly hits your livelihood. Before judgment, you need to prepare materials showing a low risk of reoffending and argue for an exemption.

Investigation flow changed as of October 2, 2026 · Because of the new Article 26-2 of the Act on Special Cases Concerning the Punishment of Sexual Crimes (the “Sexual Violence Punishment Act”, 성폭력처벌법), the police can no longer close sexual violence cases themselves and must refer all of them to the prosecutor. Cases under way on the effective date are no exception. It is now hard to hope for the case to end at the police level with non-referral (the police deciding not to send the case to a prosecutor), so the goal ultimately becomes a non-indictment (no suspicion) decision by the prosecutor. Police statement records follow the case as they are, so you should put more effort into the first questioning.

If you are the guardian of a child or juvenile victim

In many cases, such as when someone approaches a runaway child through social media, the situation is easily disguised as "a relationship where they met because they liked each other." DAEON Law Firm represented the victim's side in a case where the offender who lured a runaway juvenile was sentenced to 3 years and 6 months of imprisonment and a 5-year employment restriction. For victims under 19, the interview process can be video-recorded and a statement assistant can help. Prepare with an attorney from the early stage so that the child does not have to repeat the same account again and again.

Frequently Asked Questions

The other person said they were an adult, so I did not know their age.
Whether you recognized the other person's age is an issue that affects whether the crime is established. The court looks at whether you could have known they were a minor from the conversations, profile, meeting place and appearance. A claim of not knowing must be backed by supporting evidence.
It was mixed into material I downloaded through a file-sharing program.
The key is whether you possessed it knowing it was sexual exploitation material. We contest this using forensic results on the download route, file names, viewing history and how long it was stored. Possession alone carries imprisonment of at least 1 year, so the early response is important.

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026

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