This blog post delves deeply into the conflict between protecting human rights and ensuring victim safety surrounding the public disclosure of child sex offenders’ personal information.
It is entirely appropriate that the public disclosure of personal information for sex offenders who target children and minors was ruled constitutional in Korea. While many types of crimes exist in our society, crimes targeting children who are not yet physically or mentally mature can be considered among the most heinous. Children are regarded as individuals who require protection from adults, making such crimes deserving of even stricter punishment. Even if the crime itself is the same, the fact that the victim is a child provides sufficient reason for enhanced punishment.
Sexual violence is a grave crime in itself, but when the victim is a child, the severity of the harm is beyond imagination. Unlike adults, children lack the ability to defend themselves or fully comprehend the situation. Therefore, sexual violence against children is an unforgivable act by the perpetrator. Consequently, child sex offenders must face stronger sanctions from society, and the disclosure of their personal information is a highly appropriate form of such sanction.
There was a case where a sex offender filed a constitutional appeal against the disclosure of their personal information. The fact that a sex offender filed such an appeal can be seen as proof that they fail to accurately recognize and acknowledge the gravity of their own wrongdoing. This indicates that the offender either does not recognize the seriousness of their criminal act or completely fails to understand the depth of suffering inflicted upon the victim. The notion that it is unreasonable for personal information to be disclosed for perpetrators of child sexual violence is deeply unfair and inevitably provokes anger from the victims’ perspective. The very fact that such a notion is possible demonstrates that Korean society still holds an overly lenient attitude toward child sex crimes.
In other countries, individuals who commit sexual crimes against children face extremely severe penalties. Public perception is also very strict regarding child sex crimes, and legally, strong punishment for such crimes is guaranteed. It is entirely appropriate that a criminal who commits child sexual abuse overseas should face the measure of personal information disclosure. Victims of sexual violence suffer lifelong, irreparable trauma. This leads to extreme psychological distress, making daily life extremely difficult, and in some cases, driving them to the extreme choice of suicide. Therefore, sexual violence is not merely a physical assault; it must be understood as extending to the concept of murder.
Despite suffering from the harm inflicted upon them, victims often find their personal details more widely publicized than those of the perpetrators. This is one of the serious problems in our society, starkly revealing the reality that victims are not protected. To ensure child sex offenders receive appropriate punishment, laws related to child sex crimes must be further strengthened. South Korea’s laws on child sex crimes are lenient, both in absolute and relative terms. Given that the victims of these crimes are children, we must consider the process of their growth into adulthood.
If a person who committed a crime is released back into society before the child has fully grown up, the victim will have to live every moment in fear and anxiety. This is not merely an individual problem but one directly linked to the safety of society as a whole. Therefore, the disclosure of such offenders’ personal information must become mandatory, not optional. We must prioritize protecting the human rights of victims over protecting the human rights of offenders.
For all these measures to be implemented, a fundamental shift in societal awareness within Korea is necessary. We have become accustomed to overly lenient punishments, tending to view even slightly increased sentences as sufficient punishment. However, from the victim’s perspective, it remains inadequate punishment. We should not feel relieved just because penalties have increased slightly from a low baseline; only when punishment reaches a level universally recognized as adequate can we say genuine measures have been taken. If we reflect just a little deeper on the gravity of child sex crimes, anyone would nod in agreement.
Furthermore, beyond strengthening legal penalties, education and the establishment of social systems to prevent sex crimes are also necessary. Through education, children must learn how to protect themselves, and society must further strengthen the safety net for them. It is crucial to create an environment where victims can be safely protected, alongside strong sanctions ensuring offenders never re-enter society. Only when these changes are realized can we break the vicious cycle of child sexual crimes and build a safer society.
