'Protecting Minor Victims of Sexual Crimes' vs 'Completing Prosecution Reform'... Judiciary Committee Reaches Compromise on Sexual Violence Punishment Act

Final Approval of Prosecutorial Reform Follow-up Legislation Before Plenary Session

Lawmakers within the ruling party, who had previously disagreed on the issue of protecting underage victims of sexual violence and limiting prosecutors' investigative authority under the "Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Act on Sexual Violence Punishment)," have reached a compromise. As a result, the follow-up legislative process to the amendment of the Criminal Procedure Act, which aims to fully exclude prosecutorial investigative powers, is expected to be concluded at the upcoming plenary session.

On September 17, the National Assembly's Legislation and Judiciary Committee held a full session, finalizing the legislative process for the establishment of the Bureau of Prosecution and the Serious Crime Investigation Office. Along with pre-scheduled items such as the Presidential Security Act, the “Special Act on Sexual Violence Punishment” was also discussed.

Kim Eui-kyeom, Democratic Party floor leader for the Judiciary Committee, stated during the meeting, "The special law on sexual violence proposed by Democratic Party lawmakers Kim Namhee and Kim Hankyu was left in Subcommittee 1 after failing to reach a conclusion during yesterday’s debate. Given the urgency of criminal justice system reforms such as the Bureau of Prosecution and the Serious Crime Investigation Office, and since this bill is an accompanying law, I request that it be tabled at the full committee for discussion."

When the bill was proposed, Assemblyman Kim said, "Subcommittee 1 has been closely reviewing key provisions related to the video recording of interviews in order to prevent secondary harm to sexual violence victims under the age of 19," adding, “There were opinions emphasizing the principle of separating investigation and prosecution within the criminal justice system, as well as the view that the highest priority should be placed on protecting and ensuring the rights of minor victims of sexual violence.”

Yonhap News

During a heated debate at the Judiciary Committee’s Subcommittee 1 the previous day, opinions were divided regarding the Special Act on Sexual Violence Punishment. The ruling party originally sought to prevent the possibility of interviews between prosecutors and underage victims being used as evidence, upholding the principle of excluding prosecutors from investigations. However, Assemblywoman Kim Namhee expressed concerns that this clause would adversely affect the protection of underage victims of sexual crimes. In response, Kim Yongmin of the Democratic Party, known as a hardliner for prosecutorial reform, and Park Eunjung of the Cho Kuk Innovation Party, opposed the provision.

Assemblywoman Kim Namhee reiterated, "It is difficult for me to agree with including a provision that excludes evidentiary value in cases where it is extremely difficult to secure statements from underage sexual violence victims—those rare, exceptional circumstances," she said. "I do not know what value could be more important than protecting underage victims of sexual violence. Institutions must be designed to serve the public."

Park Eunjung responded by noting that protective measures were incorporated during the amendment of the Criminal Procedure Act. She said, "The amendment allows prosecutors to take remedial measures to protect sexual violence victims, to raise objections, and to request that investigative authorities be replaced to require supplementary investigations when necessary," and added, "This allows for better protection of victims during the initial police stage, where primary harm may occur."

Judiciary Committee Finds Compromise on Special Act on Sexual Violence Punishment, Passes Bill

Before the plenary session, the Democratic Party discussed the matter internally and found common ground. Seo Youngkyo, Chair of the Legislation and Judiciary Committee (Democratic Party), explained, "We have ensured that the separation of investigation and prosecution is not violated in any way, while also including a provision that the police and prosecution must cooperate in cases involving victims under the age of 19 from the moment the offense becomes known," adding, "We deleted the part regarding prosecutors conducting investigations, but created safeguard measures so that the harm to children can still be used as evidence in court." Chairperson Seo Youngkyo told Acting Justice Minister Lee Jinsoo, "Although prosecutors cannot investigate, I ask you to cooperate thoroughly to ensure that evidence is not compromised." The amendment is said to have removed the provision excluding prosecutorial video records as evidence and included articles requiring cooperation between police and prosecutors.

Regarding this, Acting Minister Lee Jinsoo said, "If prosecutors need to confirm facts using video recordings during the process, victims could suffer secondary harm or additional trauma from repeated investigations due to the need to request supplementary investigations for evidence admissibility," and added, "We will strive to minimize such issues, and if institutional shortcomings remain, we will submit recommendations for further improvement."

The Judiciary Committee also dealt with amendments to the “Act on the Protection of Children and Juveniles from Sexual Abuse.” The revised bill requires that sexual crimes against children and juveniles must be referred to the prosecutor without exception.

This content was produced with the assistance of AI translation services.