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Prevention of Secondary Victimization

Definition of Secondary Victimization

  • · The Special Act defines secondary victimization as acts of publicly defaming or insulting the victims of the disaster, as specified below:
Article 3 (2). Protection Against Secondary Victimization
  • · No one shall, by any of the following means, disseminate false information about the October 29 Itaewon Disaster or the victims or other victims thereof, or defame or insult them (hereinafter referred to as “secondary victimization"):
    1. Newspapers, magazines, broadcasting, other publications, or information and communications networks as defined in Article 2(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protections
    2. Display, posting or screening of exhibits or performances
    3. Speeches, statements, writings, or printed materials at public forums, discussion meetings, press conferences, assemblies, street speeches, or other public gatherings

Prevention of Secondary Victimization

Legal Basis

Article 5(2) of the Special Act on Protection of Rights of Sufferers, Truth-Finding, and Prevention of Recurrence of October
29 Itaewon Disaster

Measures to Prevent Secondary Victimization

To prevent and respond to secondary victimization, including defamation and insults directed at those who lost their lives in the October 29 Itaewon Disaster and other victims, monitoring, reporting, receipt of complaints, and investigations are carried out in cooperation with relevant agencies, including the National Police Agency, the Personal Information Protection Commission and the Korea Communications Standards Commission.

Reporting Secondary Victimization

  • · Secondary victimization, including malicious comments, unauthorized disclosure of personal information, and insults, constitutes a criminal offense.
Legal Basis for Criminal Penalties for Secondary Victimization

Articles 307–309 and 311–312 of the Criminal Act; Article 70 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; and Articles 59 and 71 of the Personal Information Protection Act, among others.

Reports should be submitted to the relevant agencies according to their respective responsibilities. Each agency will take appropriate action and notify the complainant of the outcome.

Roles and Contact Information of Relevant Agencies

01 Investigation National Police Agency (Secondary Victimization Crime Investigation Division)

Investigation of reports and criminal complaints concerning secondary victimization

02 Personal Information Personal Information Protection Commission (Investigation Division 2)

Measures to remove or block the disclosure of victims' personal information, implemented through the Korea Internet & Security Agency,
and guidance on consultation and remedies for affected victims

03 Group Disparagement Korea Communications Standards Commission (Harmful Information Response Team)

Receipt of reports concerning harmful information, including group disparagement and discriminatory speech

04 Infringement of Rights Korea Communications Standards Commission (Rights Infringement Response Team)

Review of information that infringes upon individual rights, including information that defames specific individuals

05 Human Rights Petitions National Human Rights Commission of Korea (Division for Overall Coordination of Discrimination Correction)

Investigation of human rights violations and discriminatory acts related to secondary victimization, recommendations for corrective measures, including measures to prevent secondary victimization and its recurrence, and other procedures for obtaining remedies