STEP 1. Was there any sexual act or sexual exploitation?

Includes:

Sexual intercourse

Sexual touching

Sexual exploitation, filming, or inducement

Acts infringing sexual self-determination


→ NO
➜ Not classified as a sexual offense.

→ YES
➜ Proceed to Step 2.


—

STEP 2. Was violence or intimidation used?

(Violence = physical force
Intimidation = threats suppressing resistance)

→ YES

A. If sexual intercourse occurred:

▶ Rape
▶ Special Rape (weapon, multiple offenders)
▶ Attempted Rape

B. If no intercourse:

▶ Forcible Indecent Act
▶ Special Forcible Indecent Act
▶ Attempted Forcible Indecent Act

➜ END


—

→ NO
➜ Proceed to Step 3.


—

STEP 3. Was the victim unable to resist?

Includes:

Sleep

Intoxication

Unconsciousness

Mental or physical incapacity


→ YES

A. If sexual intercourse:

▶ Quasi-Rape
▶ Attempted Quasi-Rape

B. If no intercourse:

▶ Quasi-Forcible Indecent Act
▶ Attempted Quasi-Forcible Indecent Act

➜ END


—

→ NO
➜ Proceed to Step 4.


—

STEP 4. Was authority, power, or influence abused?

Includes:

Occupational authority

Supervisory power

Social or institutional influence


→ YES

▶ Indecent Act by Abuse of Authority
▶ Sexual Assault by Abuse of Occupational Power
▶ Sexual Assault by Abuse of Social Influence

(Employer, teacher, supervisor, caregiver, etc.)

➜ END


—

→ NO
➜ Proceed to Step 5.


—

STEP 5. Was deception or inducement used?

Includes:

Fraudulent promises

False identity

Exploitation of misunderstanding


→ YES

▶ Sexual Assault by Deception
▶ Indecent Act by Fraud

➜ END


—

→ NO
➜ Proceed to Step 6.


—

STEP 6. How old was the victim?


—

A. Victim under 13 years old

Consent is legally impossible.

▶ Rape of Child Under 13
▶ Indecent Act Against Child Under 13
▶ Special Rape of Child (weapon / multiple offenders)
▶ Attempted Child Sexual Offenses

➜ END


—

B. Victim under 16 years old

Consent legally invalid (unless perpetrator was under 19; e.g. 18, 17, 16…). See separate link at the very bottom of this article.

▶ Statutory Rape (Under 16)
▶ Statutory Indecent Act

➜ END


—

C. Victim under 19 years old (Youth Protection Act)

Includes non-contact crimes.

▶ Sexual Act Against a Minor
▶ Grooming of a Minor
▶ Sexual Exploitation of a Minor
▶ Inducement or Coercion of a Minor
▶ Production of Sexual Content Involving a Minor
▶ Distribution of Child Sexual Materials
▶ Possession of Child Sexual Materials

➜ END

—

→ Victim 19 or older
(FYI, the age of majority is 19 in South Korea.)
➜ Proceed to Step 7.


—

STEP 7. Did the act involve filming or visual exploitation?

→ YES

▶ Illegal Filming (Without Consent)
▶ Distribution of Illegal Sexual Images
▶ Threatened Distribution (Revenge Porn)
▶ Possession of Illegal Sexual Images

➜ END


—

→ NO
➜ Proceed to Step 8.


—

STEP 8. Did the act occur in a public or crowded place?

→ YES

▶ Public Place Sexual Molestation
▶ Sexual Assault on Public Transport

➜ END


—

→ NO
➜ Proceed to Step 9.


—

STEP 9. Were there aggravating circumstances?

Check all that apply:

– Multiple perpetrators

– Weapons used

– Repeated or habitual conduct

– Victim particularly vulnerable


→ YES

▶ Aggravated Sexual Offense
▶ Habitual Sexual Crime

➜ END


—

→ NO
➜ Proceed to Step 10.


—

STEP 10. Was the conduct sexual harassment level?

→ YES

▶ Sexual Harassment (Criminal-Level)
▶ Workplace Sexual Harassment
▶ Public-Space Sexual Harassment

(May involve criminal, labor, or administrative liability)

➜ END


—

STEP 11. Additional Legal Consequences (May Apply to All Above)

Independently imposed:

– Sex offender registration

– Employment bans (especially involving minors)

– Electronic monitoring

– Mandatory treatment programs

– Disclosure obligations



—

In essence, Korean law evaluates:

1. How the act occurred


2. Whether resistance was possible


3. Whether power or age nullified consent


4. Whether the context amplified harm


This is why 30+ distinct crimes/offenses exist, even when conduct appears similar.

Please see this chart I made previously too (re the age of consent in South Korea): https://klawguru.com/2023/09/17/the-age-of-consent-in-south-korea-is-not-20/