Sexual Molestation Law, Elements of the Offense, and Security Measures

What Is Sexual Molestation?

Sexual molestation refers to an act of unilaterally seeking sexual gratification by making physical bodily contact, thereby causing the other person to feel sexual shame or disgust.

Laws Related to Sexual Molestation

Laws related to sexual molestation include indecent assault under the Criminal Act, and indecent acts under the Act on Special Cases Concerning the Punishment of Sexual Crimes.

Article 298 of the Korean Criminal Act (Indecent Assault) A person who commits an indecent act on another by means of violence or intimidation shall be punished by imprisonment for not more than 10 years or by a criminal fine not exceeding KRW 15 million.

Article 10 of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Indecent Act by Abuse of Authority, etc.) ① A person who commits an indecent act, by deception or by abuse of authority, on a person who is under his or her protection or supervision by reason of work, employment, or any other relationship shall be punished by imprisonment for not more than 3 years or by a criminal fine not exceeding KRW 15 million.

Article 11 (Indecent Act in a Crowded Place) A person who commits an indecent act on another in a crowded place such as public transportation, a performance or assembly venue, or any other place where the general public (公衆) gathers shall be punished by imprisonment for not more than 3 years or by a criminal fine not exceeding KRW 30 million.

Violence or Intimidation in Indecent Assault

The violence or intimidation involved in indecent assault is not required to be so strong as to make it difficult for the victim to resist; rather, it should be understood as the exercise of unlawful physical force against the victim's body (violence), or the communication of harm of a degree that, viewed in general terms, could instill fear in the victim (intimidation).

(Supreme Court en banc Decision 2018Do13877, rendered September 21, 2023)

In such cases, the very act of contact against the victim's will is itself recognized as violence.

The Indecent Act in Indecent Assault

An indecent act in indecent assault means an act that objectively causes a sense of sexual shame or disgust in an ordinary person, that runs counter to sound sexual moral standards, and that infringes upon the victim's right to sexual self-determination. Whether a particular act constitutes an indecent act must be determined carefully, taking into account on the whole the victim's intent, gender, age, the prior relationship between the perpetrator and the victim, the circumstances leading up to the act, the specific manner of the act, the surrounding objective situation, and the sexual moral standards of the time.

(Supreme Court Decision 2024Do3061, rendered August 1, 2024)

Elements of Sexual Molestation

The elements of sexual molestation are that the other person's consent was not confirmed, that there was physical contact, and that the other person felt sexual displeasure.

Physical Contact in Sexual Molestation

Where there is no physical contact, charges such as public indecency or obscenity through telecommunications media are typically applied instead.

However, there have been cases where indecent assault charges were recognized even without any physical contact.

Depending on the situation, indecent assault may be recognized even without physical contact—for example, threatening a victim with intimate photographs in order to obtain more explicit photos or videos, or approaching from behind a woman who was sitting drunk on a convenience store terrace, touching her genitals a few times, then urinating and fleeing.

Sexual Displeasure in Sexual Molestation

The sexual displeasure in sexual molestation must be recognizable not only as the victim's subjective feeling but also to an objective degree.

For example, there was a case in which a person filed a criminal complaint claiming to have felt sexual displeasure because the other party shook their hand without warning. This was found to be a non-charge, as under prevailing social norms no sexual intent was recognized.

Security Measures for Sexual Molestation

Security measures for sexual molestation may be imposed separately from criminal punishment.

A security measure is a disposition imposed when a person receives a sentence of a criminal fine or heavier in a sex crime case.

Types of Security Measures for Sexual Molestation

The following are types of security measures for sexual molestation.

Disclosure of personal information
Completion of sex education
Employment restrictions
Visa restrictions
Wearing of an electronic ankle monitor, etc.

Sexual Molestation Specialist Lawyer

The reason you should work with a sexual molestation specialist lawyer is that, from the very elements of the offense onward, there are many factors to consider, and interpretation often depends on weighing the circumstances before and after the incident. Moreover, given the nature of sex crimes, a case can proceed on the victim's testimony alone, so if you have become involved in a sexual molestation matter, we recommend seeking a consultation as quickly as possible.

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