성매매(윤락행위) 최소화를 위한 입법정책

Abstract

Sex Trafficking Prohibition Law and Teenagers’ Sex Protection Law were established in 1961 and in 2000 in order to regulate teenagers’ sexual trafficking, and they have been in enforcement since the establishment. In addition to regulating sex trafficking, or teenagers’ sex trafficking, they also prohibit encouraging the activity of sex trafficking by force or offering places for such activity. These legislative regulations not only promote the punishment of criminal sex traffickers, but also serve the purpose of their restoration and public well-being in Korean society. The offenders are required by law to be educated or to receive treatments in federal restoration facilities and consulting facilities for women’s well-being. There are shortcomings in the effectivity of both legislatures; however, they include the nature of covertness, the lack of evidences for conviction, and the difficulty of policing and detection. Therefore, I would like to suggest a direction toward the related legislative amendment, in consideration of revising the current regulations for the purpose of increasing effectivity and minimizing sex trafficking crimes. The attitude toward the legislation related to sex trafficking is categorized as the principles of prohibition, regulation, and regulation abolition (permission). Korean legislation is based on the principle of prohibition and punishment of the sex trafficking. Although there is a tendency of movement toward the harsher punishment of mediators and persons who forcibly encourage such activity, proposed by the Ministration of Women, the principle remains the same. Sex trafficking is the one of fundamental issues to human being today, and its prohibition in general is not the best solution to the problem. In fact, it can lead to impersonalize the problem to the public, and to partial legal permission of the activity of sex trafficking. It is essential to look for a solution that is able to consider the reality of the issue of sex trafficking crime. Following is a suggested proposal of the legislative amendment; 1. Principle: Instead of prohibiting the activity of sex trafficking in general, within the national or regional government, it is desirable to permit the activity of sex trafficking under registratation or approval from government of legal age of 19 and over which allows one’s own intention. In this case, the national or regional government should perform a duty of protecting ones’ health by requiring a regular examination by medical institutions, and employees involving sex trafficking also have a duty of tax payment. 2. Expected effectiveness: the government should acknowledge the activity of sex trafficking as ones’ legal occupations, and within a range of legality, provide aids to acquire a social stability such as job training, economic rewards, medical consultation, etc. 3. The Subject for Punishment and Harsher Punishment: (1) Legislative revision for increasing age limitation in Teenager Sex Protection Law. Among teenagers who have experiences in the activity of sex trafficking, more than 60% are from age 14 to 16. They are most likely to be lack of acknowledging in the consequences of such activities. Hence, it is not appropriate to provide them a legal permission. But instead, it is appropriate to increase the legal age for permission to the age of 15 or 16 in the Article 305, the Criminal Law as well as to decrease the legal age of 15 or 16 in the Teenagers’ Sex Protection Law. (2) Persons who conduct activity of sex trafficking outside of permissible regions, regulated by the national or regional government. (3) Persons who conduct activity of sex trafficking through the means of using internet or 700 telephone service. (4) Harsher punishment for persons who intentionally trap others into the activity of sex trafficking. (5) Harsher punishment for persons who forcibly encourage others to engage in the activity of sex trafficking. (6) Using or ordering mandatory participation in educational programs for persons who are engaged in the activity of sex trafficking by providing monetary rewards. 4. Exemption for punishment and Policy for restoration. (1) For Persons who are forced or kidnapped to engage in the activity of sex trafficking, the punishment should be exempted according to the Criminal Law, the Article 12, which indicates, ’the forced action by a physical abuse or threat is an indefensible case so that the liability cannot be applied; therefore, the punishment can be exempted. (2) Provide aids and protection for persons who are trapped to payback monetary offerings, such as economic aids, housing, job opportunities, medical aids and consultation, etc.