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National Human Rights Commission of Korea - Complaint Summaries

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Recommendation to Protect Child Victims of Sexual Violence [2004] KRNHRC 18 (1 January 2004)

Recommendation to Protect Child Victims of Sexual Violence

The Commission made recommendations to the Ministry of Justice, Ministry of
Government Administration and Home Affairs, National Police Agency, and Ministry of
Gender Equality on the improvement of related legal systems in order to prevent the
victims of sexual violence from repeated and undue mental and psychological suffering in
the case investigation and trial process.
The Commission found that child victims of sexual violence experienced difficulties because
(1) doctors refuse to examine and treat victims of sexual violence due to frequent
requests by the investigation and trial offices to attend;
(2) those in charge of investigation lack expertise, and
(3) related information on investigations and trials cannot be provided
under the current criminal case procedures.

The Commission recommended that the Ministry of Gender Equality and the Ministry of
Justice take measures for the effective operation of an emergency medical center and
exclusive medical facility so that victims of sexual violence can receive proper medical
treatment and that when questioning a medical doctor in charge of a victim of sexual
violence, priority be given to written statements by a relevant medical doctor so that the
doctor will not refuse to provide treatment to victims of sexual violence or be reluctant to
appear as an expert witness.

It also recommended to the Ministry of Justice, Ministry of Government Administration
and Home Affairs, and National Police Agency that a revised bill be prepared so that child
victims of sexual violence and their guardians may receive detailed information on their
cases in order to be fully prepared for the judiciary process, that police officers specialized
in child sexual violence be assigned to each police station and undergo training on a
regular basis, and that the investigation agency fully inform victims on their rights and
organizations where they can get help.


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