South Korea – Sexual Conduct Law
Criminal provisions, penalties, historic context, and current enforcement
📜 Penalties at a Glance – South Korea
| Offence | Minimum | Maximum | Notes |
|---|---|---|---|
| Rape (Criminal Act Art. 297) | 3 years | Life imprisonment | Defined by “violence or intimidation.” |
| Rape/indecent acts against child <13 | 10 years | Life imprisonment | Special Act elevates penalties. |
| Sex with minor <16 | 3 years | Life (aggravated) | Raised from 13→16 in 2020 reforms. |
| Imitative rape (non‑genital penetration) Art. 297‑2 | 2 years | 10+ years | Serious felony. |
| Prostitution (buyer/seller) | Fine | Up to 1 year | Stricter for brothel operators/arrangers. |
| Operating/arranging commercial sex | 1 year | Up to 10 years | 2004 Act; repeat/organized cases hit harder. |
| Public indecency/obscene acts | Fine | Up to 1 year | Varies by conduct/context. |
| Military same‑sex acts (Art. 92‑6) | — | Up to 2 years | Applies to service members, even off‑duty. |
| Rape‑murder (special law) | Life | Death penalty | Death remains on the books (moratorium in practice). |
Quoted law (short): “A person who, by means of violence or intimidation, has sexual intercourse…” — Criminal Act Art. 297 (official KLRI Eng.).
Overview
South Korea relies on the Criminal Act (rape and related offences), the Act on the Protection of Children and Juveniles from Sexual Abuse (enhanced penalties and measures for minors), and the Act on the Punishment of Arrangement of Commercial Sex Acts (banning prostitution and brothels). Post‑2020 policy emphases target online exploitation, hidden‑camera “spycam” cases, and deepfake pornography.
Age of Consent
The effective age of consent is 16 years (raised from 13 in 2020). Any sexual activity with a child under 13 is treated as strict‑liability statutory rape with heavy mandatory minimums. For ages 13–15, revised child‑protection provisions criminalise sexual acts and exploitation regardless of purported “consent.”
Short quote: “A person who commits [rape] against a female under the age of 13 shall be punished by imprisonment for life or not less than ten years.” — Act on Special Cases, Art. 7.
Key Provisions & Current Enforcement
- Rape & imitative rape: Art. 297 (rape) and 297‑2 (non‑genital penetration) carry multi‑year terms; life possible for aggravated cases.
- Children & juveniles: Special Act enhances minimums for crimes against minors; registration/supervision measures may apply.
- Prostitution regime (2004): Buying/selling sex illegal; arranging/operating brothels punished more severely. Historic red‑light districts such as Cheongnyangni 588 have been shuttered/redeveloped.
- Digital sex crimes: After the 2018–2020 Telegram “Nth Room/Doctor’s Room” scandals, courts and police increased sentences; deepfake creators/distributors face criminal liability.
- Same‑sex acts in the military: Article 92‑6 remains in force (up to two years), repeatedly upheld by the Constitutional Court.
Public Decency & Harassment
Obscene acts in public, indecent exposure, and sexual harassment (including unwanted touching in nightlife/public transport) are criminal. Police maintain visible patrols in Itaewon, Hongdae, and Gangnam entertainment zones, and CCTV coverage is extensive.
Historic & “Old Punishment” Notes (still relevant today)
- Adultery criminalisation (1953–2015): Once punishable by up to two years’ imprisonment, the offence was struck down as unconstitutional in 2015. Today, adultery is legal but can influence divorce/civil outcomes.
- Death penalty in statute: For rape‑murder under special provisions, the death penalty is still prescribed in law (Korea maintains a de facto moratorium, but it remains on the books).
- Military sodomy law (1962→today): Article 92‑6 continues to criminalise consensual same‑sex acts among soldiers (up to two years), upheld again in 2023.
- Red‑light districts: Pre‑2004 tolerated areas (e.g., Cheongnyangni 588) are now closed; redevelopment and policing continue to suppress brothel‑type venues.
Regional Comparison
| Jurisdiction | Age of Consent | Rape Penalty | Sex Work | Same‑Sex Acts |
|---|---|---|---|---|
| South Korea | 16 | 3 years – life | Illegal since 2004; arrangers up to 10y | Legal civilian; banned in military |
| Japan | 16 (national; local child‑welfare laws) | 3–20 years (aggravated higher) | Illegal; some “fuzoku” tolerated | Legal |
| Taiwan | 16 | 3–10 years; life aggravated | Illegal; solicitation banned | Legal; equal age |
| China (Mainland) | 14 | 3–10 years; death for aggravated | Illegal; unofficial tolerance in places | Legal |
🚫 Common Tourist Mistakes
- Assuming red‑light areas are legal: Prostitution is illegal; stings and landlord prosecutions occur.
- Not verifying age: Under‑16 is a felony regardless of “consent” claims.
- Hands‑on flirting: Unwanted touching can yield harassment charges quickly.
- Digital sharing: Possessing or sharing non‑consensual/hidden‑camera content is criminal.
- Service members: Same‑sex acts remain prosecutable under military law even off‑base.
Insider & Academic Commentary
“Post‑2020, courts apply heavier baselines to digital sex crimes following the Telegram scandals.” — Seoul criminal practice partner
“The 2004 anti‑prostitution regime ended brothel toleration; enforcement today targets landlords, online ads, and arrangers.” — NGO policy brief
References (English sources)
- Criminal Act (official KLRI English). Key provisions incl. Art. 297 (rape), 297‑2 (imitative rape). :contentReference[oaicite:0]{index=0}
- Act on Special Cases Concerning the Punishment of Sexual Crimes (minors; heavy minimums; death/life for rape‑murder). :contentReference[oaicite:1]{index=1}
- Act on the Punishment of Arrangement of Commercial Sex Acts (2004; latest amendments listed). :contentReference[oaicite:2]{index=2}
- Age of consent raised to 16 (2020 National Assembly reforms; press). :contentReference[oaicite:3]{index=3}
- “Nth Room”/digital sex crimes background and harsher sentencing trend. :contentReference[oaicite:4]{index=4}
- Deepfake crackdown and penalties context (news reporting 2024). :contentReference[oaicite:5]{index=5}
- Military Criminal Act Art. 92‑6 status (2023 Constitutional Court ruling; NGO analyses). :contentReference[oaicite:6]{index=6}
- Cheongnyangni 588 closure/redevelopment history. :contentReference[oaicite:7]{index=7}
- Adultery decriminalised (2015 Constitutional Court; global legal monitor). :contentReference[oaicite:8]{index=8}