According to the Child and Youth Prostitution Environment and Human Rights Survey conducted by the National Human Rights Commission in 2016, the most used prostitution method was smartphone chat apps (67.0%), followed by online communities and chatting (27.2%). Most child and youth prostitution crimes are committed in smartphone chat apps or online.

However, while the current Act punishes the online service provider related to child or youth pornography, there is no legal basis that regulates the service provider for prostitution solicitation done through smartphone chat apps, etc.

In this regard, this Act aims to improve and supplement the current system by imposing fines if the provider who provides online chat services like smartphone chat apps does not take action prescribed by Presidential Decree to detect information including prostitution solicitation or technical action like shutting down any transmission of such information if detected and obligating the online chat service provider to report to investigation authorities and require the user to verify himself or herself.

Furthermore, it also aims to eradicate child and youth sex crimes by adding up to half of the sentence to the original sentence on those who solicit children or the youth under age 13 to buy sex and have routinely committed sex crimes against children and the youth.

Details

A. Add up to half of the sentence to the original sentence on those who solicit children or the youth under age 13 to buy sex (Article 13 (3))

B. Require the online service provider to not delete but report to investigation authorities any child or youth pornography if detected (Article 17)

C. Impose fines if the online chat service provider does not take action prescribed by Presidential Decree to detect information including prostitution solicitation or technical action like shutting down any transmission of such information if detected and obligate the online chat service provider to report to investigation authorities and require the user to verify himself or herself (Article 17-2)

D. Add up to half of the sentence to the original sentence on those who have routinely committed sex crimes against children and the youth (Article 18-2)

Impose fines if the provider who provides online chat services like smartphone chat apps does not take action prescribed by Presidential Decree to detect information including prostitution solicitation or technical action like shutting down any transmission of such information if detected and obligate the online chat service provider to report to investigation authorities and require the user to verify himself or herself.