By Kim Bo-eun
The Constitutional Court ruled Thursday that a clause punishing voluntary prostitution was constitutional.
In the six to three ruling, judges upheld the clause that states both buyers and sellers of sex were subject to jail sentences of up to one year and fines of up to 3 million won, was constitutional.
The Seoul Northern District Court requested that the Constitutional Court review the clause after accepting a petition by a woman surnamed Kim, 45, who was indicted on charges of prostitution, in December 2012.
Kim said that she was not forced to provide sex but did so voluntarily for money, claiming that the clause infringed on her rights.
Since the Anti-Prostitution Law was amended in 2004, there have been seven constitutional appeals by buyers or brokers against punishing a person for prostitution, which were dismissed; but this was the first case filed by a voluntary sex worker.
"The Anti-Prostitution Law aims to punish prostitution in order to uphold sound social customs and ethics of sex, and so therefore the clause is just," the court said. "If sex workers are not punished, the supply of prostitutes could grow."
The court said that the common good of established customs about sex outweighs a person's right to make a decision about their sexual conduct.
It added that the clause has effectively reduced the number of brothels and sex workers.
The Korean Women Lawyers Association welcomed the ruling, saying "prostitution is a crime which commercializes individuals and sex, and infringes on human dignity."
Critics, however, say that punishment of sex workers puts their livelihood in danger and results in underground prostitution.
Hanteo National Union, a sex workers' advocacy group, condemned the ruling during a press conference in front of the Constitutional Court in central Seoul.
"We cannot accept the court ruling," Kang Hyeon-jun, a representative of the group, said, adding the nation does not protect the weak.
"Sex workers are also nationals of Korea. They need to receive respect for the work they do with lack of choice because they were unable to receive a proper education and did not inherit anything from their parents."
The group added that they would take the issue to the United Nations Human Rights Committee. The UN recommends legalizing prostitution, he said.
The sex workers said they would fight for their rights, vowing to abolish the clause in the Anti Prostitution Law that punishes voluntary prostitution.
The Seoul Northern District Court previously stated that the clause did not reflect today's changing values which respect individuals' decisions about sexual conduct. International agreements on prostitution also are against criminal punishment and administrative restrictions against prostitutes, it said.
A survey by Realmeter showed 43.2 percent of 538 respondents opposed the Anti Prostitution Law as a whole, while 37.4 percent supported it. More men (59.4 percent) were against the law than women (37.4 percent).
Kim Kang-ja, a former Jongam Police Station chief who was in charge of sex crimes, said at a hearing last April that there was a need to create designated areas to meet the needs of those who engage in prostitution for their livelihood.
The Constitutional Court ruled Thursday that a clause punishing voluntary prostitution was constitutional.
In the six to three ruling, judges upheld the clause that states both buyers and sellers of sex were subject to jail sentences of up to one year and fines of up to 3 million won, was constitutional.
The Seoul Northern District Court requested that the Constitutional Court review the clause after accepting a petition by a woman surnamed Kim, 45, who was indicted on charges of prostitution, in December 2012.
Kim said that she was not forced to provide sex but did so voluntarily for money, claiming that the clause infringed on her rights.
Since the Anti-Prostitution Law was amended in 2004, there have been seven constitutional appeals by buyers or brokers against punishing a person for prostitution, which were dismissed; but this was the first case filed by a voluntary sex worker.
"The Anti-Prostitution Law aims to punish prostitution in order to uphold sound social customs and ethics of sex, and so therefore the clause is just," the court said. "If sex workers are not punished, the supply of prostitutes could grow."
The court said that the common good of established customs about sex outweighs a person's right to make a decision about their sexual conduct.
It added that the clause has effectively reduced the number of brothels and sex workers.
The Korean Women Lawyers Association welcomed the ruling, saying "prostitution is a crime which commercializes individuals and sex, and infringes on human dignity."
Critics, however, say that punishment of sex workers puts their livelihood in danger and results in underground prostitution.
Hanteo National Union, a sex workers' advocacy group, condemned the ruling during a press conference in front of the Constitutional Court in central Seoul.
"We cannot accept the court ruling," Kang Hyeon-jun, a representative of the group, said, adding the nation does not protect the weak.
"Sex workers are also nationals of Korea. They need to receive respect for the work they do with lack of choice because they were unable to receive a proper education and did not inherit anything from their parents."
The group added that they would take the issue to the United Nations Human Rights Committee. The UN recommends legalizing prostitution, he said.
The sex workers said they would fight for their rights, vowing to abolish the clause in the Anti Prostitution Law that punishes voluntary prostitution.
The Seoul Northern District Court previously stated that the clause did not reflect today's changing values which respect individuals' decisions about sexual conduct. International agreements on prostitution also are against criminal punishment and administrative restrictions against prostitutes, it said.
A survey by Realmeter showed 43.2 percent of 538 respondents opposed the Anti Prostitution Law as a whole, while 37.4 percent supported it. More men (59.4 percent) were against the law than women (37.4 percent).
Kim Kang-ja, a former Jongam Police Station chief who was in charge of sex crimes, said at a hearing last April that there was a need to create designated areas to meet the needs of those who engage in prostitution for their livelihood.
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