In South Korea, engaging in sexual activity with a minor carries serious legal repercussions. Following amendments to the law, any adult involved in sexual relations with a child under 16 is subject to prosecution for child sexual abuse or rape, regardless of the minor’s consent.
In 2020, the country raised the legal age of consent from 13 to 16 in response to growing concerns over the vulnerability of minors to sexual exploitation and assault. The previous threshold had led to legal loopholes, allowing perpetrators to evade punishment.
Before the amendment, individuals as young as 13 were considered legally capable of consenting to sexual activity. However, this led to controversial legal cases, such as a 2017 ruling in which a 42-year-old man was acquitted of charges involving a 15-year-old girl because she had supposedly consented. The case fueled public outrage and increased pressure to strengthen protections for minors.
Despite South Korea’s modernization, deeply rooted social norms continue to discourage victims of sexual violence from coming forward. The government raised the age of consent to 16 to establish stronger legal safeguards for adolescents, emphasizing their right to protection from exploitation.
Under Article 7, Chapter 2 of the Act on the Protection of Children and Youth against Sex Offenses:
- Rape and Sexual Acts Involving Force or Threat:
- Raping a child or juvenile through assault or threat is punishable by imprisonment with labor for an indefinite term or for a limited term of at least 5 years.
- Other sexual acts involving force or threat, such as inserting genitals into non-genital body parts (e.g., mouth or anus) or inserting non-genital body parts (e.g., fingers) or objects into the genitals or anus, are also punishable by imprisonment with labor for a limited term of at least 5 years.
- Indecent Acts and Attempts:
- Indecent acts without consent, as defined under Article 298 of the Criminal Act, carry a punishment of imprisonment with labor for at least 2 years or a fine ranging from 10 to 30 million KRW (approximately 6,900 to 20,700 USD).
- Indecent acts committed through deception or force are subject to the same penalties as outlined in the previous provisions. Additionally, attempting to commit any of the aforementioned offenses is also punishable under the law.
Additionally, the revised law criminalizes the consumption of illegally recorded pornographic content, particularly material filmed without the consent of those depicted. These legislative changes reflect South Korea’s growing commitment to strengthening protections for minors and closing legal gaps that previously left young individuals vulnerable to exploitation.
