'Losing' fight against prostitution
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By Na Jeong-ju
City editor
The Constitutional Court is currently holding public hearings to make a ruling on whether the country’s anti-prostitution law is constitutional.
The court wants to make a ruling by the end of this year, but debates could drag on another year given the sensitivity of the issue.
The hearings are based on a petition from the Seoul Northern District Court in 2013. The court asked for a constitutional judgment while deliberating on the case of a 46-year-old prostitute who was accused of selling sex for 130,000 won ($116) in July 2012.
Under the law, both buyers and sellers of sex face one year in prison or a 3 million won ($2,670) fine, except those who are forced into prostitution. Those who force women to work as prostitutes are subject to up to 10 years in prison or fines of up to 100 million won.
There have been questions about whether the law is effective in protecting women and reducing sex offenses.
Since the law was implemented in 2004, the government has enforced measures to shut down brothels and strengthen the punishment for sex traffickers.
Many red-light zones nationwide have been turned into business districts and a series of rehabilitation programs for former prostitutes have been introduced.
However, many people question the effectiveness of the law because many prostitutes have moved into residential areas to continue their businesses by renting offices and apartments.
It is easy to see leaflets attracting clients on the streets or in public toilets. The red lights have never been “turned off.”
Instead, new types of sex businesses have taken root in our society. Men can still easily buy sex at karaoke rooms, bars, motels and massage parlors.
One of the unintended results of the toughened rules is that many Korean prostitutes have moved to Australia, Japan, the United States and other countries where prostitution is legal.
Also, the number of reported sex crimes has surged in recent years.
According to a report from Korean National Police University, the number of sex crimes committed in Korea tripled over the past decade. A total of 22,292 sex crimes were reported in 2013, compared to 7,332 in 2003.
The records suggest crackdowns on the sex industry and strengthened penalties against prostitutes and sex buyers were not effective solutions.
Some experts even proposed the creation of “licensed” brothels to tackle the surging sex crimes.
One opponent of the law, Kim Kang-ja, a former senior police officer, says the country needs to set up strictly-regulated brothels in designated areas. She once led a fight against prostitution in the early 2000s, but now maintains that the law had some crucial flaws that were overlooked.
“There are members of society for whom it is difficult to find partners, such as the disabled, illegal immigrants and widowers. Society needs to address the needs of these individuals by allowing prostitution in restricted areas,” Kim said in a radio program. “And men who are incapable of controlling their desires will always exist.”
Of course, her view is being challenged by many. Proponents of the law have expressed concerns that legalizing sex-trafficking could increase the number of prostitutes and create bigger social problems.
The public hearings organized by the Constitutional Court reflect changing perceptions about sex in Korean society. This also provides opportunities to correct flaws in the current system.
What’s challenging is that the country does not have enough police to crack down on all the illegal prostitution.
As the number of brothels has decreased, sex businesses have gone underground.
The Internet and smartphones have also become a hotbed for prostitution. For example, there are so many “sponsor cafes,” in which women search for men who can support them financially in exchange for sex.
These trends make it more difficult for the government to rein in the sprawling sex business and suggest the country needs a fundamental change in how it counters it.