Reasons for Proposal
In the Telegram sexual exploitation case, sexual crimes were committed against children and the youth by approaching, sexually enticing, or soliciting children and youth through an online network (“online grooming”), and online-based sexual exploitation of children and the youth has become an issue.
The current Act obligates value-added telecommunications service
providers to take action against distribution and technical and managerial measures such as deleting or removing access to any photograph under Article 14 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and child or youth sexually exploitative pornography under the Act on the Protection of Children and Youth Against Sex Offenses.
In this regard, this Act aims to revise the value-added telecommunications service provider’s action to prevent the distribution of any illegally filmed image to include information about sexually enticing and soliciting children and youth under subparagraph 4-2 of Article 2 of the Act on the Protection of Children and Youth Against Sex Offenses (Article 22-5 (1) 3 newly inserted).
Note
This Amendment rests on the premise that the “Partial Amendment to the Act on the Protection of Children and Youth Against Sex Offenses” (Bill no. 357), represented and proposed by National Assembly Member Kwon In-suk, is passed. If the bill is not passed or is passed with modification, this Amendment must be adjusted accordingly.
Major Provisions
Amend the Telecommunications Business Act (Act No. 17352) partially as follows:
Amend Article 22-5 (1) 3 as Article 22-5 (1) 4, and newly insert Article 22-5 (1) 3 in its place as follows
Article 22-5 (1) 3. Information about sexually enticing and soliciting children and youth under subparagraph 4-2 of Article 2 of the Act on the Protection of Children and Youth Against Sex Offenses