What is age of consent in Korea?

The rise in the age of consent by South Korea was done as a result of the need to “strengthen the protection of minors, following accusations the existing law on sex crimes was too weak”, hence the country deliberated and decided to increase the age of consent to 20.

expatguidekorea.com - What is the Age of Consent in Korea?

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What is the Age of Consent in Korea?

In every country, some rules and regulations guide the activities of her citizens or people who live in that country. Age of consent happens to be one of such laws. Age of consent is the age at which a person is believed as being legally competent to make the decision of consenting to sexual activities. Before one can decide to involve in sexual acts with another, the person must be up to the age of consent, else such person cannot make such decisions. Age of consent has several laws that apply to it and it is expected that every citizen and resident of a place should abide by such laws. Every country has its own age of consent which varies from one country to another. It is very important that as a foreigner living in Korea especially, you must be aware of the age of consent that guides the country so as to avoid a lot of issues that can come up when such a law is violated. In our society today the high rate at which youths involve in sexual activity is alarming, hence the more reason subjects like age of consent should be made known to younger ones, and educate them on the need for them to understand age of consent and how it works. Once one is not of the age of consent, their consent or opinion to be sexually active with their significant other should not be listened to, because they are not of such age to give such consent, this means that having sexual intercourse with someone who is below the age of consent of the person’s country as stipulated in the age of consent rules can be interpreted as violation, sexual harassment, rape and even child abuse. Hence it is very important that one is fully aware of the age of consent of both your country and that of your partner.

What is the Age of Consent in Korea?

South Korea has an age of consent that applies to them just like every other country. South Korea initially had 13 years as the age of consent, the country has recently raised their age of consent to 16 years, then to 20 years. The rise in the age of consent by South Korea was done as a result of the need to “strengthen the protection of minors, following accusations the existing law on sex crimes was too weak”, hence the country deliberated and decided to increase the age of consent to 20. This happens to be one of the highest across the globe except for countries that have 21 years as their age of consent, Korea can be regarded as one of the countries with a high age of consent. This means that in South Korea, individuals who are 19 below are not expected to consent to any sexual acts, and even if they consent, they are regarded as minors and such consent should not be regarded. Initially in the country, people within the ages of 13 and above could legally consent to sexual activities, and this led to a lot of controversies, and the rate of offenders getting away with abuses because of the low benchmark, hence the need for the adjustment in the age of consent in South Korea. This means that in South Korea, statutory rape becomes the case when an adult has consensual sexual acts with a minor below age 20. Then cases like having sexual intercourse with a minor without consent can be interpreted as rape, child abuse, or assault. It is also worthy to be noted that Korea does not give exemptions for two minors involved in sexual acts, the ‘Romeo and Juliet Law’ does not apply in the country, this gives the possibility that minors below 20 can be prosecuted for statutory rape if they both willingly consent to have sexual intercourse with each other, although such cases are not common. South Korea is one of the countries that has zero tolerance to cases concerning rape, statutory rape, abuse and the likes of it. Statutory rape is a situation in which an adult has sex with a minor- (one who is not yet of the age of consent), with the minor’s permission. As said, anyone who is not of the age of consent does not yet have a say as whether he or she wishes to have sexual intercourse with anyone, whether another minor or an adult. In this situation, any adult who goes contrary to this law will be seen to have defiled the statutory rape laws of South Korea and will be made to face the penalties of his or her actions.

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Age of Consent Laws

Each country has its own rules, regulations or laws that guide the concept of Age of consent which are called Age of Consent Laws. These laws are put in place by the appropriate authority to protect her citizens as one of the major roles of Government. Hence all citizens are expected to abide by these laws and there are consequences that apply when one breaks these laws. Korea does not expect just her citizen to obey the age of consent laws, but it is also expected of every foreigner who lives within the country, to obey the laws including the Age of consent laws, by not involving in any act of sexual acts with a minor in Korea, no matter the gender. The country put up these laws to protect the younger ones or the under aged persons in the country from sexual advances. While all countries have their age of consent laws, it is important to note that it varies from one jurisdiction to another, though a good majority set the age of between the ages of 14- 18, this still varies from one country to another. Some countries consider gender of the participants in their Age of consent laws, while others don’t, some consider the act of sexual activity, while some make exception for minors to engage in sexual act with each other with what is called ‘Romeo and Juliet laws’, however such exceptions are not applicable in South Korea. There are charges and possible penalties one can face as a result of breaking any of the Age of consent laws.

What happens if I violate age of Consent laws?

Korea is known to be one of the very law-abiding countries and has zero tolerance for their rules and regulations. There are a lot of disadvantages that one can face if one violates age of consent laws. When one who is of the age of consent, say an adult, engages in sexual activity with another person who is not of the age of consent, such a case can be interpreted as a misdemeanor, Rape, Statutory rape, or even child abuse and molestation, with the adult being the culprit and the younger one who is not of the age of consent being the victim. In a case where both parties that engaged in sexual activity are both minors, an exception called “Romeo and Juliet laws”, is applied, though this does not apply to all the countries. Such minors will be educated on the dangers of their actions and other actions based on the country’s rule will be applied. In the same vein, in a case where both parties are adults and mutually consent to sexual activity, it is not a problem neither is it against the laws, but in a situation where both parties are of the age of consent, but party A does not agree to engage in a sexual act with the other person, say Party B, and Party A happens to be forced to do so, it is also against the rules of Korea and can be interpreted as a Rape case with party A being the victim and Party B being the offender.

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It is very important to know that even if your partner mutually consents to engage in any sexual acts or the other with you even without being up to Korea stipulated age of consent, such partners opinion or consent is invalid as long as they are not of the age of consent, it is expected that you as an adult should understand that it will be a violation if you give in to the consent, knowing fully well that the said partner is not of the age of consent. In summary, to avoid cases of child abuse, child assault, sexual harassment, rape, etc., it is important to ensure that your partner is of the age of consent and you both mutually agreed to engage in sexual activities.

What is the purpose of setting an age of consent?

The major function of a government is to protect its citizens and to do this effectively, rules and regulations are being put in place, and one of such laws is the age of consent law. The purpose of setting up an age of consent is to protect underage persons from sexual advances and cases of sexual harassment, rape, and abuse, especially from adults. Also, having an age of consent gives minors the sense of responsibility that at a certain age, they become responsible for their decisions as regards sexual life. Another reason for having an age of consent is to reduce the cases of child abuse, rapes, statutory rape, etc., in South Korea, and to make sure that those who violates this laws will be dully punished by the law.

expatguidekorea.com - What is the Age of Consent in Korea?

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