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성매매 근절을 위한 입법적ㆍ정책적 대안 - 성구매자 처벌 및 교육을 중심으로 -Legislative and Political Alternatives for Eradicating Prostitution - Focused on the Punishment and Education for Johns -

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Legislative and Political Alternatives for Eradicating Prostitution - Focused on the Punishment and Education for Johns -
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경희대학교 법학연구소
성 산업; 성매매; 성구매자; 성적 서비스; 성 착취; 재범가능성; 존 스쿨; sex sector; prostitution; johns; sexual service; sexual exploitation; rate of recidivism; john school
경희법학, v.45, no.3, pp 125 - 157
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Sexuality has been diversified by means of pleasure since contraceptive was developed in 1960s, Since after it has nestled in malformed adult entertainment industry named ‘sex market’, causing lots of negative side effects on our society. Prostitution positioned as the highest value-added industry among overall entertainments has been considered as ‘the necessary evil’ even if there has been no denial that it is immoral, unethical. It’ because women who sold their sex have usually been depicted as ‘obscure’, while men who bought sex classified as ‘normal’ with impulsive, strong sexual appetite. For all ages and places, within institutionalized sex trade market, usually women are the sellers and men are the buyers. Women who struggle for their lives, however, undoubtedly have high possibility to be forced to sell their sex. Undoubtedly modern sex trade market has been prosperous through various forms even if there has been legal restrictions likewise August Bebel claimed that the development of capitalism necessitates sex trade. Market is normally formed not by supply but by demand. Nevertheless, we have discussed primarily misbehaviors related sex selling, approving that sex buying by men are nothing but a conduct of buying sexual service not as a crime. This idea is most likely to be linked with the argument that voluntary sex trade between sellers and buyers has to be tolerated because it is an mutual agreement between two free persons involved. It suggests that simple sex trade shouldn’t be a crime at all. It is decriminalization. But it’s not that simple matter with a very complicated mechanism inside because it needs to be determined whether it should be considered a voluntary conduct to sell sex seeking for a reward or not, even if the act of buying sex by paying could be considered as voluntary. We, therefore, need more active measurements to control the demands for sex as a product in oder to eradicate sex trade. Recently UN made clear that the act of buying is a crime such as rape. This study is accordingly seeking to legislative and political alternatives for eradicating sex trade by focusing on the regulations on sex purchasing conducts; punishing and educating the offenders who have a high possibility to commit second offense.
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