인신매매와 관련된 형사판례의 분석 = Analysis of Criminal Cases Related to Human Trafficking

다국어 초록 (Multilingual Abstract)

Korea's Human Trafficking Prevention Act is considered somewhat insufficient legislation in that it is a full implementation of the human trafficking prevention protocol ratified by Korea in that it has a strong characteristic of the victim protection law to protect victims such as human trafficking, rather than a special criminal law. This is because each State Party must adopt legislative and other measures necessary to define an act as a criminal offense if the act stipulated in Article 3 of the Anti-Human Trafficking Protocol is deliberately committed, but it is still resolved through the relevant contents of the criminal law. As a result, investigative authorities are still passive in criminal punishment for human trafficking.
In the current situation where the application and judgment of the crime of human trafficking as described above is extremely insignificant, the contents of the crime of human trafficking covered in the case so far are analyzed by conducting a full investigation. This is expected to contribute to the development of interpretation and legislative theory for the same crime in the future. On the other hand, in the case of women's trafficking under the old criminal law, it can be said that it is the predecessor of human trafficking under the current criminal law. As a result of the total investigation, there were only 117 cases, and the court's attitude toward the form of human trafficking, which is mainly aimed at prostitution and sexual exploitation before 2013, will be identified as crimes related to human trafficking and analyzed in this paper. Through these discussions, we intend to derive a reasonable alternative to establishing a separate definition of human trafficking in the criminal law by borrowing the form regulated by the current anti-human trafficking law for legislation that faithfully implements the anti-human trafficking protocol ratified by Korea.