“Cho Doo-soon moved in next door”… Revisiting the Korean version of ‘Jessica’s Law’[뉴스속 용어]

Restrictions on residence of high-risk sexual assault offenders
At the time, Minister of Justice Han Dong-hoon pushed for it.
Automatically abolished at the end of the 21st National Assembly term

Recently, it was confirmed that child sex offender Cho Doo-sun (71) moved to a nearby residence 2km away from the house he was staying in in Ansan, Gyeonggi Province, after being released from prison. It is known that he moved after his release from prison in December 2020 after the monthly rent contract for the house he had been living in for four years ended. As news spread that residents living near Cho Doo-soon‘s new residence are shaking with anxiety, the ‘Korean Jessica Law’, which was abolished last year, is coming into the spotlight again.

Cho Doo-soon, who was caught leaving the house in violation of the night-time outing restriction order, is answering questions from reporters. [사진출처=연합뉴스]

The official name of ‘Korean Jessica’s Law’ is ‘A bill on designation of residence of high-risk sexual violence offenders, etc.’ This bill allows the court to issue a ‘residence designation order’ so that high-risk sex offenders must reside in facilities operated by the government or local governments after being released from prison.

Those subject to the law include sex offenders targeting children under the age of 13 or high-risk sex offenders who have committed sexual assault three or more times and have been sentenced to more than 10 years. If they want to leave their designated residence for more than a day, the head of the probation office must give permission. If you leave your residence without a justifiable reason, you may be punished by imprisonment for up to 3 years or by a fine of up to 30 million won.

The Korean version of Jessica’s Law was inspired by the American Jessica’s Law. Jessica’s Law was named after ‘Jessica Lunsford’, a victim of a child sex crime that occurred in Florida, USA in 2005. The core provisions of the law include a minimum of 25 years in prison for criminals who commit sex crimes against children under the age of 12, permanent attachment of a location tracking device, and a ban on living within 3,000 feet (610 m) of schools or parks. It is currently being implemented in more than 30 states, including Florida.

Then-Minister of Justice Han Dong-hoon giving an explanation regarding the announcement of legislation for the ‘Korean-style Jessica Act’ at the Gwacheon Government Complex on the afternoon of October 24 last year. [사진출처=연합뉴스]

On the other hand, the Korean version of the Jessica Act was abolished with the end of the 21st National Assembly term in May this year. In January of last year, the Ministry of Justice selected the ‘Korean Jessica Act’ as one of its five core tasks. In October of that year, then-Minister of Justice Han Dong-hoon personally attended a legislative briefing. Although it passed the Cabinet meeting last January, it ultimately failed to pass the threshold of the National Assembly Legislation and Judiciary Committee subcommittee. The main argument was that it excessively infringed on the ‘freedom of residence and movement’ guaranteed by Article 14 of the Constitution.

However, in the 22nd National Assembly, 11 people, including Kim Young-jin, a member of the Democratic Party of Korea, proposed a new bill of the same name last July. Rep. Kim pointed out, “The Ministry of Justice submitted the bill too late in the 21st National Assembly, so no full-fledged discussion took place,” and added, “For the safety of the people, the state needs to take a more active role.”

A crime prevention post installed near the address where child rapist Cho Doo-soon will reside after being released from prison.

According to the ‘Status of schools where sex offenders who disclosed personal information reside within a radius of 1 km’ received from the Ministry of Gender Equality and Family by Baek Seung-ah, a member of the National Assembly Education Committee and the Democratic Party of Korea, on the 30th of last month, 59% (16,280) of all daycare centers and 51% of kindergartens % (3892 locations) have sex offenders living within 1km.

There is an elementary school within 300 meters from Cho Doo-soon’s new residence. There are 4 elementary schools and 30 daycare centers within a 1.5km radius. Residents who became Cho Doo-soon’s neighbors are trembling with extreme anxiety. In fact, after news broke that Cho Doo-soon would be released from prison, the parents of the victim suffered from anxiety and left Ansan, where they had lived for about 20 years.

Ansan Mayor Lee Min-geun said, “Ansan City will prepare effective safety measures that prioritize citizen anxiety and safety and respond by mobilizing available means.” Cho Doo-soon is the person who dragged an 8-year-old girl on her way to school in the morning in 2008 and sexually assaulted her. After serving 12 years in prison and being released, he lives in Ansan.

Reporter Choi Ho-kyung hocance@asiae.co.kr