'Digital sex crime victims' video deletion costs should be paid by perpetrators'… Bill submitted to National Assembly to ensure effectiveness of subrogation rights

2024.08.01. The Fair Economy — Rep. Jeon Jin-suk, a member of the National Assembly's Health and Welfare Committee, announced on the 1st that she has proposed a partial amendment to the 'Act on the Prevention of Sexual Violence and Protection of Victims Thereof' that would allow the state to actually claim costs incurred for deletion support and other measures from perpetrators of digital sex crimes.

The current law provides that the state supports the deletion of materials that have been disseminated and caused harm to victims, and allows the exercise of the right of recourse to claim costs incurred for deletion from the perpetrators of sexual crimes. However, there have been ongoing criticisms that the current law lacks sufficient authority to request the perpetrators' personal information and other data necessary for exercising the right of recourse, and that because deletion support applications are not consistent year to year, it is difficult to calculate the associated costs, making it impossible to determine the amount to be claimed.

In fact, according to data submitted to Rep. Jeon Jin-suk by the Ministry of Gender Equality and Family, the ministry has not once exercised its right to indemnity against digital sex crime perpetrators to date.

Accordingly, Jeon Jin-suk clarified the authority to request personal information and the entity responsible for exercising the right of recourse in this amendment, addressing legislative deficiencies. Furthermore, the amendment requires the Minister of Gender Equality and Family to annually publish the method for calculating the amount of the right of recourse, ensuring the system's effectiveness.

Rep. Jeon Jin-suk emphasized, "The number of cases in which the Ministry of Gender Equality and Family has supported deletion through the Digital Sex Crime Victim Support Center is about 1 million. Until now, it has been as if the government has been spending deletion support costs on behalf of sex offenders. I will do my utmost to see this amendment passed so that the legislative purpose of strengthening perpetrator accountability can be achieved."