성매매특별법 시행 12년의 평가와 제언 = Evaluation and Proposal on the Preventive and Protection Act of Prostitution (Since 2004)

다국어 초록 (Multilingual Abstract)

It has been over 12 years since the Prostitution Act led by women`s organizations and Ministry of Gender Equality & Family(MOGEF) became in effect in 2004. In the beginning, the government asserted that it would eradicate prostitution through protection and punishment against prostitution. However, even after 12 years, it has not yet fulfilled its purpose. Prostitutes are not protected, they rather lost in despair to make a living and most men who pay for prostitution are not indicted but sentenced only for monetary penalty. At the time of enforcement of the Prostitution Act, there was no sufficient survey on actual status on prostitutes; illegal prostitution was rather more spread. The law was criticized for the government`s one-sided decision without social agreement. 78) Although Item 1 of Article 21 of the Prostitution Act was determined constitutional by the Constitutional court of Korea that it does not violate the right and equal right for sexual decision, privacy and choosing prostitution as an occupation, minority opinions are only the beginning of an argument on violation of the constitution. In other words, there will be inequality issue if those with power and money are not punished while the rest are punished for prostitution; and punishing prostitutes who choose prostitution to make a living would be violation of freedom of occupation, sexual decision and principle of minimal violation. Especially for voluntary prostitution, it should not be a subject for criminal punishment but an area where an order should be established according to social condition and perception of the members of the society. As adultery was determined unconstitutional and abolished even after it was determined constitutional several times, the Prostitution Act should be abolished as well. However complete abolishment would not yet be suitable for our sentiment on legal matters. Therefore, voluntary prostitution to make a living should be gradually decriminalized. In order to do that, licensed prostitution would be the best way.