2) Questions - Please specify stance on amendment of related system and legislation including the Employment Permit System to prevent migrant workers from suffering from human rights violation and discri mination. 13. Trafficking in Persons for Forced Labor 1) Current Status - While the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and C hildren(hereinafter the ’Protocol’) that Korea ratified in 2015 defines trafficking in persons as recruitme nt, transportation, transfer of persons by means of threat, fraud, the abuse of power for the purpose of exploitation, the Criminal Act of Korea narrowly defines trafficking in persons as selling or buying per sons. - In addition, under the Protocol, the consent of a victim of trafficking in persons is irrelevant where i llegal and unjust means were used, and the crime of trafficking in persons is recognized. However, the Criminal Act of Korea does not have related provision on this matter and investigative and ruling age ncies does not recognize trafficking in persons where they conclude that there was a consent of victim. - During the 2015 National Audit, a case was pointed out where foreign women entered with E-6 Visa 5 who were forced to prostitute were investigated as suspects of prostitution rather than victims of hum an trafficking and accommodated in foreigner’s Immigration Processing Center due to the order of forci ble eviction and protection. - In addition, sexual exploitation and human trafficking of foreign women who have entered with a sta 5 E-6(Culture and Entertainment) Visa is for long-term stay for people who plan to work in t he following areas for the purpose of making profit; music, art, literature, sports, entertainm ent (e.g. action, musical performances), advertisements, fashion modeling. * source: enforcement decree of the immigration act, article 12. status of long-term stay [table 1-2]

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