In an interesting development, a Seoul court has asked the Constitutional Court to deliberate on the constitutionality of sex trade.
The Seoul court referred the case of a 41-year-old Kim who was charged with violating the special law on sex trade by receiving payment for offering sex services to the Constitutional Court.
While sex trade in itself is illegal and prohibited, the court said, it has to be debated as to whether voluntary engagement of sexual activities for payment is illegal and should be subject to punishment.
Judge Oh Won-chon said there appears to be a legal disparity in that while the woman involved is subject to punishment, the man who pays for sex is not liable.
“Should the relationship have occurred with mutual consent without the involvement of organized gangs or pimps, there are limitations as to whether the state should get involved,” Oh said.
The special law on sex trade was instituted in September 2004 and those who sold sex are subject to either a maximum of one year I jail or 3 million won ($2,700) in fine.