procedure. Second, when people involved in sex traffic violating Article 21 (1) are
indicted, most of them are subject to monetary penalty through a summary
indictment. Although the legal punishment is the same both for buyers and
sellers, most prostituted women are second time offenders and many are even
three time offenders since they continue to engage in sex traffic to make a living,
leading to a much higher amount of monetary penalty than sex buyers. Even
worse, there are cases where they go back to sex traffic due to the burden of
monetary penalty.
45. According to the Research on Legal and Policy Directions for Curbing
Procurement and Demand in Prostitution (2017) by Women’s Human Rights
Institute of Korea, the legal definition of sex traffic subject to the current Act on
the Punishment of Acts of Arranging Sexual Traffic is also based on the act of
prostituted women 14 , which makes it necessary to conduct investigation in
disguise and crackdown on brothels or suspected places of sex traffic in order to
prove the act of the law violation. To this end, the police carry out a sting
operation against prostituted women in disguise as a customer. However, in
2014, there was a case where a prostituted woman committed suicide by
jumping off the window at a motel to avoid the operation. As such, in the
process of crackdown on prostitution, issues of violations of human rights and
safety of prostituted women resulting from the abuse of police activities are
raised.15
46. Although the Government claims that the Act on the Punishment of Acts of
Arranging Sexual Traffic has exemption provisions for sex traffic victims and
youth involved in prostitution from criminal punishment and provides protection
for victims of sexual traffic under the Act on the Prevention of Commercial Sex
14 “The term "sexual traffic" means committing any of the following acts for an unspecified person or becoming a
partner thereof in return for receiving or promising to receive money, valuables or other property gains; (a) Sexual
intercourse; (b) Pseudo-sexual intercourse using parts of the body, such as the mouth and anus, or implements” (Article 2
(1) of the Act on Punishment of Acts of Arranging Sexual Traffic)
15 Yoon Deok-kyung, Lee In-sun, Jang Da-hye (2017), Research on Legal and Policy Directions for Curbing
Procurement and Demand in Prostitution, Women’s Human Rights Institute of Korea, p102.