A socio-legal analysis of the development and use of compulsory pharmacological treatment of sex offenders in South Korea

The compulsory pharmacotherapy of sex offenders in Korea was initiated by the Pharmacological Treatment of Sex Offenders Act 2010. This Act's legal defects are frequently discussed, but most recent studies do little to explain why such flaws are created. This thesis aims to provide a socio-legal analysis of the introduction and development of the pharmacotherapy of sex offenders in Korea, focusing on the reason for and background to the introduction of compulsory pharmacotherapy, which have hardly been discussed. This study will explore why such legal defects have occurred and how these flaws can be improved by looking into the social context in which this Act was introduced. To do this, the study has employed literature review, documentary analysis and doctrinal research, and has examined media reporting, parliamentary records, government reports and academic papers. This thesis analyses the historical, legal and cultural context that has influenced the perceptions of sexual violence in Korea. The lower social status of women and the historically low awareness about sexual offending have been influenced by Confucian patriarchal thought. This study has explored the background of the initial legislative changes towards sexual violence that resulted in the enactment of the Punishment for Sex Offenders and Protection of Victims Act 1994. This act came about because of the work of feminist activists in Korea, and the role of these groups is explored pushing the government to develop policies for the protection of victims, rather than harsher punishment such as pharmacotherapy, but their voices were ignored during the deliberation of the series of legal revisions, and instead there have been increasingly harsh punishments for sex offenders since 2006. This thesis finds that this emphasis on punishment was caused by the combination of a series of serious sexual offences and the ensuing moral panic in the media. This study examines what happened in parliamentary debates on pharmacotherapy and compares the 2010 Act with the international comparators. The examination found that the deliberations were insufficient; that some states‟ law in the U.S. were ignored, and that less-punitive types of legislation in European countries were unknown. This thesis determines that the 2010 Act should be repealed because its legal defects are too significant to amend, such as compulsory pharmacotherapy without the consent of the offender, and imprisonment for refusal of treatment. Based on arguments that are rarely discussed in Korea, this thesis suggests that pharmacotherapy should be provided with the freely-given consent of an offender; correctional and probation officers should be educated for the enhancement of attitudes towards sexual violence to achieve the goal of the treatment, and the reintegrative policies for sex offenders should be provided.