SEX WORK AND THE LAW - HIV/AIDS Data Hub

The Act on the Punishment of Acts of Arranging Sexual Traffic defines sexual traffic to include
sexual intercourse in exchange for money or goods (Article 2). Therefore, sex work is
defined as a form of trafficking. The penalty for anyone who has been engaged in sexual
traffic is imprisonment for not more than one year or a fine not exceeding 3 million won
(Article 21). This provision criminalizes both sex workers and their clients. Persons who are
coerced into providing sexual services are not liable to be punished (Article 6(1)).
Replublic East Asia of Korea
Other offences include soliciting, arranging, enticing, recruiting and providing premises
for the purposes of sex work (Articles 2 and 19). Advertising a sexual traffic business shall
be punished by imprisonment for not more than 3 years or by a fine not exceeding 30
million won (Articles 19(1) and 20).
The penalty for operating a sexual traffic business is
imprisonment for not more than 7 years or a fine of not more
than 70 million won (Article 19 (2)).
In 2006 the Constitutional Court referred to prostitution as ‘a
low and mean occupation’ that is harmful to public morals.
The Court upheld criminal penalties relating to recruiting
people to work in the sex industry. 355
The Constitutional Court has also declared that the offence
of providing a place for the purpose of trafficking in sex is
constitutional, citing the UN Convention for the Suppression of
the Traffic in Persons and of the Exploitation of the Prostitution
of Others, 356 which the Korean government signed in 1962. 357
“AFTER THE INTRODUCTION
OF THE ANTI-TRAFFICKING
LAW THAT CRIMINALIZED
SEX WORK IN 2004, THIS
PRACTICE ENDED AND
SEX WORKERS BECAME
RELUCTANT TO REGISTER
FOR STI TESTING AND
TREATMENT DUE TO FEAR
OF PROSECUTION.”
The Constitutional Court in 2011 ruled that adults engaged
in ‘sexual traffic’ are subject to punishment because they are
able to earn a living by means of a variety of occupations except for sex work. 358
5.8.2 Law enforcement practices
From 1984-2004, the government tolerated the sex industry provided that sex workers
registered with health authorities and operated in specific red-light areas. Sex workers were
required to be tested for STIs periodically and for HIV every six months. 359 The government
authorized the Korean Tourist Association to license bars or kisaeng (professional
entertainer) houses near U.S. military bases and tourist enclaves. The government
provided the workers based at these licensed entertainment establishments with STI
and HIV testing. 360 After the introduction of the anti-trafficking law that criminalized sex
work in 2004, this practice ended and sex workers became reluctant to register for STI
testing and treatment due to fear of prosecution. 361 Data on sex workers registered for
355 2006. 5. 25. 20054
356 Article 2: The Parties to the present Convention further agree to punish any person who:1. Keeps or
manages, or knowingly finances or takes part in the financing of a brothel; 2. Knowingly lets or rents a building
or other place or any part thereof for the purpose of the prostitution of others.
357 2006. 6. 9 2005 1167
358 2011.10.25 20111
359 Shin S. (2006) Republic of Korea, in eds. Yamamoto T., Itoh S., Fighting a Rising Tide: The Response to AIDS
in East Asia. Tokyo: Japan Center for International Exchange, p. 159.
360 Jordan A. (2000) op cit.
361 Junghwan Lee, Sungyoung Lee (2010), Impact of Anti-Prostitution Law on Sexually Transmitted Disease
Control Program, Studies on Health and Social Affairs 30.1 Korea Institute for Health and Social Affairs. p. 227-
111