forward. It also responded that recurrence prevention education will be
conducted four times a year for responsible public officials, but no detailed
instructions were provided. The Ministry accepted rest of recommendations.
However, it is difficult to expect compliance with the enforcement
procedures in emergency situations that may occur during the crackdown
process only by human rights education to prevent recurrence, and it is
necessary to secure transparency in the crackdown process through video
recording and supervision.
56.
The “Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children (“Protocol to Prevent Trafficking”),
which is ratified by the Korean government in 2015, prescribes that
trafficking in persons shall mean the recruitment, transportation, or transfer
of persons, by means of the threat or use of force or other forms of abuse of
power. Meanwhile, article 289 of the “Criminal Act” stipulates that
trafficking in persons only means act of buying or selling another person. In
addition, trafficking in persons is established regardless of the victim’s
consent if it is taken by illegal or improper measures under the “Protocol to
Prevent Trafficking”, while there is no provision in the “Criminal Act”, and
investigation and law enforcement agencies do not recognize it as trafficking
in persons if it decides that the victim has consented. The NHRCK developed
“Identification and Protection Guidelines for Human Trafficking Victims”
on 20 June 2016 and recommended relevant government departments to set
up specific and practical plans.
57.
Trafficking in persons is mainly related to migrant workers who have
entered Korea with short-term visas that cannot be employed, such as B-1
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