Measures to Protect the Victim’s Human Rights During Investigation
Exclusive Personnel for Victims of Sex Trafficking- The Public Prosecutor General shall order each director of the District Prosecutors’ Office to designate a prosecutor to exclusively take charge of sex trafficking crimes (hereinafter referred to as “Sex Trafficking”). Unless exceptional circumstances occur, the designated prosecutors shall investigate the victims (Article 26, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
- The Public Agency Commissioner shall order each commissioner of the district police office to designate a judicial police officer to exclusively take charge of sex trafficking crimes. Unless exceptional circumstances occur, the designated prosecutors shall investigate the victims (Article 26, paragraph 2 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
Filming and Preserving the Victim’s Statement- Suppose the victim of sex trafficking is less capable of making decisions or distinguishing objects due to a physical or mental disorder. In this case, the victim’s statement and investigation process shall be filmed, recorded, and preserved through video recorders, etc. (Article 30, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
Participation of the Statement Assistant- Suppose the victim of sex trafficking has difficulty expressing thoughts due to a physical or mental disorder. In this case, the prosecutor or judicial police officer shall have the statement assistant participate to interpret or support communication for smooth investigation by his/her official authority or upon the application of the victim, the victim’s legal representative, or attorney (main text of Article 36, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
- However, the above provision shall not apply if the victim of sex trafficking or his/her legal representative disagrees to be assigned with a statement assistant (Conditions of Article 36, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
Selecting a Court-Appointed Defense Attorney- The victim of sex trafficking and his/her legal representative may appoint a court-appointed defense attorney to prevent damages that may occur by criminal proceedings and reinforce legal assistance (Article 27, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes).
- Any victim of sex trafficking not appointed with an attorney may be assigned with a court-appointed defense attorney (Article 27, paragraph 6 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes and Article 8, paragraph 1 of the Regulations on the Prosecutor's Appointment of a Public Defender).
Exemption for Foreign Victims- Suppose a foreign woman reported a crime specified under the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., or the foreign woman is investigated as a victim of sex trafficking. In this case, until any of the following cases occurs, there shall be no evacuation order (Article 46 of the Immigration Control Act) or protective measures executed (Article 51 of the Immigration Control Act) (former part of Article 11, paragraph 1 of the Act on the Prevention of Commercial Sex Acts and Protection, Etc. of Victims).
· If the judicial police officer determines not to remit the case (In this case, there shall be no requests for re-investigation within 90 days after receiving relevant documents under Article 245-5, subparagraph 2 of the Criminal Procedure Act and no complaints filed by the accuser until the term expiry date) (including no requests for case remittance within 30 days after being notified for re-investigation)
· If the case has been disposed of non-prosecution or has been prosecuted by the prosecutor
- In this case, the investigation agency shall take necessary measures for immigration control, such as notifying the foreign victim’s personal information and residence address to the district Immigration Office and International Office (Latter part of Article 11, paragraph 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.).
- If suspending the evacuation order execution or temporarily terminating protective measures, the support facility is open for the foreign woman to use (Article 11, paragraph 3 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.).