Protection Institution for Victims of Sexual Violence
Types of Protective Facilities and Protection Period
- The victim of sexual violence may be protected for a certain period in the following protection institutions for victims (Article 12, paragraph 3, and Article 16, paragraph 1 of the Sexual Violence Prevention and Victims Protection Act).
Classification
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Subject to Protect
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Protection Period
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General protective facilities
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Victims of sexual crime
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Within a year
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Protective facility for persons with disabilities
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Victims of sexual crime with disabilities
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Within two years
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Protective facilities providing special support
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Victims of rape by relatives under the age of 19
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Until the victim turns 19
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Protective facilities for foreign victims
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Foreign victims
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Within a year
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Independence-supporting community facility
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Victims of sexual violence who left general protective facilities, protective facilities for persons with instabilities, and protective facilities providing special support
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Within two years
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Independence-supporting community facility for persons with disabilities
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Victim of sexual violence who left the protective facility for persons with disabilities
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Within two years
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Entering Protection Institutions
- In the following cases, the victim of sexual violence or his/her family members may enter protection institutions for victims of sexual violence (Article 15, paragraph 1 of the Sexual Violence Prevention and Victims Protection Act).
· If the victim of sexual violence or his/her family member agrees or intends to go to the protection institution
· If the guardian, not the assailant, agrees the victim who lacks mental capacity (i.e., a minor or person with mental disabilities) to enter the protection institution
- Suppose the head of a protection institution for victims of sexual violence deems that the victim has been sexually abused by a relative or lacks mental capacity and needs to go to the protection institution but was unable to obtain his/her guardian’s approval. In this case, the institution head may have the victim go to the protection institution (former part of Article 15, paragraph 3 of the Sexual Violence Prevention and Victims Protection Act).
· The above case requires the protection institution head to promptly obtain the permission of the Special Autonomic City Mayor, Special Self-Governing Provincial Governor, or the head of Si/Gun/Gu (Latter part of Article 15, paragraph 3 of the Sexual Violence Prevention and Victims Protection Act).
Leaving the Protection Institution
- Persons admitted to the protection institution may leave upon his/her decision or the decision of a guardian who agreed to the admission (Article 17, paragraph 1 of the Sexual Violence Prevention and Victims Protection Act).
- In the following cases, the head of the protection institution for victims of sexual violence may order the victim to leave (Article 17, paragraph 2 of the Sexual Violence Prevention and Victims Protection Act).
· If the protection purposes has been achieved
· If the protection term has been terminated
· If the victim was admitted by false statements or other illegal methods
· If the victim severely disrupted the order in the protection institution