SEX WORK AND THE LAW - HIV/AIDS Data Hub

STI examinations show a rapid decrease from 5,922 in 2003 to 2,632 in 2004. In 2006 only
1,914 sex workers were registered, a reduction of nearly 70 percent since 2003. 362 There
was also a reduction in the overall number people seeking testing and treatment for STIs.
The number of people seeking STI treatment at health offices declined from 156,000 in
2003 to 117,000 in 2006. 363
Police crackdowns from 2004-2009 resulted in arrest of approximately 28,000 sex workers,
150,000 clients, and 27,000 sex business owners. It is estimated that 4 percent of the
arrested people were sentenced to imprisonment. 364
The Ministry of Justice operates schools for convicted male clients of sex workers who
may attend seminars in lieu of punishment. 365 The Ministry of Justice reported that 99,958
men were sent to the ‘john school’ programme as an alternative to prosecution from 2005
to 2009. The programme aims to prevent clients from reoffending. 366
The Korean sex workers organization, Giant Girls, describes the adverse effects of
criminalization as follows:
Strict enforcement of regulations and severe punishment for the sexual traffic makes
sex workers even more vulnerable in a relationship with business owners or clients.
For instance, sex workers, in a legally disadvantageous position, can be forced to have
sexual intercourse without using a condom by clients who would threaten to report
to the police unless sex workers comply with their unfair request. Sex workers cannot
easily report to the police if they become victims of assault or deception by clients or
sex business owners. In other words, they are not under protection of the laws. Sex
workers can be abused physically and verbally if they are taken to the police. Police
sometimes take their naked photos or sex photos under the pretext of collecting and
securing evidence. 367
‘Red-light districts’ (where brothels are densely concentrated) are being closed down
and demolished in redevelopment areas, in the process of reinforcing elimination
of the sexual traffic. 368 In 2011, 42 brothels located in Yongdeungpo, Seoul were
designated for removal, which triggered sex workers’ intense resistance.
5.8.3 Efforts to improve the legal environment
The Korean Sex Workers Network (Giant Girls) was established in 2009 by a group of sex
workers who advocate for decriminalization of sex work. The group collaborates with
human rights activists to campaign against the criminalization of sex work. The group also
works to remove the social stigma associated with sex work through media interventions.
231.
362 Korea Centers for Disease Control and Prevention (2007). The Present Status of those who take STD
Examination. Seoul: Korea Centers for Disease Control and Prevention
363 Schwartzman N. (2008) Special law on prostitution turns 4 years old, Asian correspondent, 10 October
2008.
364 National Assembly Research Service (2009), NARS Report. p.61
365 United States Department of State, Trafficking in Persons Report 2010 - Korea, Republic of, Washington:
State Department, available at: http://www.unhcr.org/refworld/docid/4c1883e52c.html
366 Number of ‘john school attendees’ increasing, Korea Herald, 18 October 2010.
367 GG Submission to UNDP, 2011 and Yeoni Kim (2011), The Impact of laws on South Korean Sex Workers,
ICAAP10 satellite meeting August 28, 2011.
368 Kyungmi Kim (2008), The Problem of Closing Prostitution Village and City Redevelopment, Theories on
Women/Gender-sexuality 18, The Center for Women’s Culture and Theory, p.82-86.
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