Issue 14. Migrant Workers and Human Trafficking A. Prevention of Human Trafficking 65. The Act on Prevention of Human Trafficking and Protection of Victims came into force in January 2023. The Act was enacted in recognition that it is difficult to identify and protect victims in an early stage due to the narrow definition of human trafficking in the Criminal Act and scattered provisions pertaining to human trafficking in several separate laws. Therefore, this newly enacted law is considered promising in that it expands the definition of human trafficking and the scope of protection for victims.60 However, since its penal provisions are confined to the existing laws, such as the Criminal Act, concerns exist as to possible gaps in punishing some human trafficking cases and protecting the victims in such cases. 66. The Act on Prevention of Human Trafficking stipulates emergency and protective measures, as well as support for victims in employment, schooling, legal counseling, medical access, livelihood, return to home countries, etc. With the enforcement of the Act, systematic monitoring is required for effective identification of and support for human trafficking victims. In addition, as the Act is to be implemented by several ministries, including the Ministry of Gender Equality and Family, the Ministry of Justice, the Ministry of Employment and Labor, the Ministry of Oceans and Fisheries, the Ministry of Health and Welfare, the Supreme Prosecutors’ Office, and the National Police Agency, it is necessary to set up a nationwide hotline dedicated to supporting human trafficking victims and put in place mechanisms for data-sharing among the ministries. Also, a detailed manual is required not to miss the procedure to identify human trafficking victims during criminal investigations, and police officers should receive training on such manual.61 67. Proposed recommendation: The State party should supplement the punishment provisions of the Act on Prevention of Human Trafficking to avoid gaps in punishing human trafficking. The State party should also strengthen relevant systems to ensure that the identification, protection and support of human trafficking victims including labor and sexual exploitation are effectively implemented.62 B. Restrictions on Migrant Workers Changing Workplaces 68. The Constitutional Court ruled Article 25 (1)63 of the Act on the Employment of Foreign Workers, which restricts grounds for changing workplaces by migrant workers, to be constitutional in December 2021. Concerns have been raised that such decision may increase migrant workers’ dependency on employers and subsequently weaken their bargaining power in employment contracts. 15