1. Reasons for Amendment

The Amendment strengthens the legal clarity of institutions subject to restrictions on the employment of sex offenders by modifying the scope of institutions subject to employment restrictions. It adds institutions that are highly relevant to children and youth as institutions subject to employment restrictions, prepares sanctions against violations such as refusal to comply with a request to close an institution, and otherwise addresses and improves upon a number of weaknesses that have emerged from the operation of the current system, thereby aiming to improve the effectiveness of employment restrictions on sex offenders.

2. Major Provisions

A. Expand training on reporting obligations to include refresher training instead of being limited to the qualification process for employees of institutions subject to reporting obligations (Article 35 (1))

B. Add foreign educational institutions and youth organizations established in free economic zones and Jeju Free International City, which are highly relevant to children and youth, to the list of child and youth-related institutions (Article 56 (1) 2-4, subparagraph 23 newly inserted)

C. Modify the current scope of child and youth-related institutions

1) Delete the portion specifying popular culture planning, as registration of “popular culture planners” pursuant to the Popular Culture and Arts Industry Promotion Act does not distinguish between the provision or brokerage of popular culture services and the training, guidance, or counseling of popular culture artists, and therefore there is no legal benefit in specifying places of business that train, guide, or counsel popular culture artists as a child and youth-related institution (Article 34 (2) 16 and Article 56 (1) 16).

2) Prescribe that private teaching institutes, sports facilities, and workplaces of private tutors visiting homes that have been named or designated in writing by the Minister of Education, Minister of Culture, Sports and Tourism, or Minister of Gender Equality and Family shall be specified by “public notice” in accordance with Article 4 of the Framework Act on Administrative Regulations to ensure that such information is accessible to the public (subparagraphs 3, 11, and 18 of Article 56 (1)).

3) Specify in the Act institutions subject to employment restrictions prescribed in the Enforcement Decree of the Act on the Protection of Children and Youth Against Sex Offenses to ensure that such information is easily identifiable by the public (subparagraphs 13 (a) and 17 of Article 56 (1)).

D. Strengthen legal clarity by deleting institutions subject to employment restrictions that are not specified by law (subparagraphs 15 and 20 of Article 56 (1))

1) Delete places of business for planning, supervising and operating youth activities for commercial purposes as they cannot be specified due to a lack of administrative laws on their registration, etc., and because youth activities (various types of activities including training, exchanges, and cultural activities) cannot be specified by law due to their extensive nature.

2) Delete public facilities under Article 161 of the Local Autonomy Act as they include government office buildings, waterworks and sewage systems, plazas, and other facilities that are not relevant to children and youth, and because most public facilities of local governments, such as museums, art galleries, social welfare centers, sports facilities, and youth training facilities, are already included in existing provisions.

E. Modify provisions concerning the establishment of child or youth-related institutions, etc. to allow permissions and registrations as well as authorizations and declarations with the local government, office of education, or other competent authority, and add to the list of authorities in charge of authorizations, permissions, registrations, declarations, etc. to include the heads of central administrative agencies as well as local governments and offices of education (Article 56 (4))

F. Add to provisions concerning institutions subject to checks carried out by central administrative agencies, local governments, and offices of education in accordance with the amended Article 56 (Article 57)

1) Add foreign educational institutions (universities) to the list of institutions subject to checks carried out by the Minister of Education, delete checks conducted by the Minister of the Interior and Safety in accordance with the deletion of public facilities in Article 56 (1), and add youth organizations to the list of institutions subject to checks carried out by the Minister of Gender Equality and Family (Article 57 (1)).

2) Add youth organizations to the list of institutions subject to checks carried out by the head of the local government, and apply amendments to Article 56 (1) excluding lifelong educational institutions managed by the superintendent of education (Article 57 (3)).

3) Add foreign educational institutions (elementary and middle schools) and lifelong educational institutions to the list of institutions subject to checks carried out by offices of education (Article 57 (4)).

G. Newly insert provisions to impose administrative fines (Article 67 (2) and (4))

1) Where a child or youth-related institution has failed to comply with a request to close in accordance with Article 58.

2) Where an institution refuses to submit relevant inspection when a check is carried out by a central administrative agency or local government, etc. in accordance with Article 57 (5).