Prostitution is providing sexual service in exchange for monetary compensation. Prostitution is limiting woman's right to decide one's sexual conduct by social/systematical factors, which needs to be treated as a crime that violates woman's right to d...
Prostitution is providing sexual service in exchange for monetary compensation. Prostitution is limiting woman's right to decide one's sexual conduct by social/systematical factors, which needs to be treated as a crime that violates woman's right to decide one's sexual conduct.
This paper seeks the effective prevention methods on prostitution by studying the definition, fundamental theories, related debates and the preventive education for second offender, which is introduced as a method to eradicate it.
Prostitution occurs because of the sexual inequality that exist between man and woman. It is understood as a result of male chauvinism that woman is subordinate to man. In the patriarchal society, woman has to depend on man's financial power and cannot speak for oneself. Further, the legal system that regulates the activity of woman is built mostly by man. Thus, although prostitution is a crucial matter for woman in sex industry, the woman's view on this matter is not being fully reflected.
In order to solve this problem, this paper points out that the needs to reflect more of the legal woman's point of view to the related law in terms of sexual acknowledgement and to approach the matter from the victim's point.
To improve the sexual acknowledgement on prostitution, it is necessary to look into the related debates. The lawmaking policy on prostitution can be divided to three categories: prohibition policy that regulates it as a crime; non-crime policy that neither see it as a crime, nor legalize it; and, legal regulation policy that legalize specific form of prostitution. Liberal feminists insist that prostitution should be approved on the basis of self-determination; however, radical feminists consider it as "method and violence to justify woman's subordination to man" and should be uprooted. On the other hand, Marxism feminists saw it as a social phenomenon due to the class distinction, not sexual discrimination and considered the woman in sex industry as victims. In contrast, post-modern feminists support the woman in sex industry on the ground of diversity and individual differences.
We are taking prohibition policy on prostitution. The United Nations and other international woman's organizations are also consider it as a crime and trying to eradicate it by various treaties and declaration announcing that it is a crime that violates the fundamental human rights. In 2004, Korean government has abolished the existing "Prohibition Law on Prostitution and Others", and legislated a special law on prostitution with dual legal system by establishing "Prevention on Prostitution and Protection of Victim(s)", focusing on protecting the woman in sex industry and "Punishment on Pimping and Other Activities in Sex Industry", focusing on punishing the prostitution itself.
Further, Korean government is seeking to eradicate prostitution by introducing the 'Preventive Education for Second Offense (known as John School)' which defers the indictment on the second offender, if he agrees to take the education. This 'Preventive Education for Second Offense' is originally started by SAGE, a private organization in San Francisco, who sees the prostitution as a market principle of supply and demand and tries to eradicate it by blocking the demand. Thus, for successful and effective 'Preventive Education for Second Offense', it is necessary to understand the structure of sex industry and to provide legal and political alternatives that would fit the characteristics of various customers, the demand of the market.
In conclusion, this paper tries to prevent the violation of human rights in prostitution by looking at the problems of current 'Preventive Education for Second Offense' system conducted in Korea in many aspects and seeking legal and political alternatives for them. Further, it tries to present alternatives to settle down a healthy and sound culture, by reforming distorted consciousness of people on sex and prostitution.