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 22

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