This post will cover sex crimes and viable legal actions to the crimes. Above all, it is necessary to clarify each type of sex offenses including sexual abuses, indecent act by compulsion and rape. Most know what rape means but many are confused sexual harassment with indecent compulsion. Roughly stated, sexual harassment usually means offensive words to cause sexual humiliation and indecent act by compulsion a misconduct of physical sexual contact.
Sexual harassment is not speculated as a crime under Korean law. Hence, there is no way to make the offender to be punished. The offender shall be punished under Article 311 Criminal Act, if he or she used insulting words and caused the victim to feel sexually humiliated. The victim of sexual harassment may file for civil suit claiming for the compensation for mental anguish. Additionally, the victim may report it with the supervisor if he or she is sexually harassed at his or her workplace and he or she may file for petition to Human Rights Commission.
As for indecent act by compulsion, two Acts may be applied; Criminal Act and Act on Special Cases Concerning the Punishment, etc, of Sexual Crimes. Please refer to the Articles as below;
Article 298 (Indecent Act by Compulsion) of Criminal Act
A person who, through violence or intimidation, commits an indecent act on another shall be punished by imprisonment for not more than ten years or by a fine not exceeding 15 million won. <Amended by Act No. 5057, Dec. 29, 1995>
Article 10 (Indecent Acts through Abuse of Occupational Authority, etc.) of Act on Special Cases Concerning the Punishment, etc, of Sexual Crimes
(1) A person who, through fraudulent means or by a threat of force, commits an indecent act on another person who is under his/her guardianship or supervision by reason of his/her business, employment, or other relationship shall be punished by imprisonment for not more than two years or by a fine not exceeding five million won.
(2) A person who commits an indecent act on another person held in his/her custody according to the provisions of any Act shall be punished by imprisonment for not more than three years or by a fine not exceeding fifteen million won.
As for rape, please see the following Article of Criminal Act and note that other Articles or of Act on Special Cases Concerning the Punishment, etc, of Sexual Crimes may be applied depending on the situations including the age of the victim, the way and the place of the crime.
Article 297 (Rape)
A person who, by means of violence or intimidation, has sexual intercourse with another shall be punished by imprisonment for a limited term of at least three years. <Amended by Act No. 11574, Dec. 18, 2012>
As you might assume, it is possible to file for civil suit for compensation for your physical and mental distress by indecent act by compulsion or rape. I wish I could be able to explain all the details of sexual abuses. For further inquiries, please request a consultation (https://lawyerhwang.com/consultation/).
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