By Nam Hyun-woo
Research produced by an institute within the National Assembly Wednesday called for a revision of the Anti-Prostitution Law in order to protect “voluntary prostitutes.”
The National Assembly Research Service (NARS) said in a report that the government and society should protect those who voluntarily engage in sexual services because they have chosen prostitution as a last resort in order to make ends meet.
“Lawmakers should prudently study ways to decriminalize women who voluntarily sell sex, while taking steps to eradicate demand for sex trafficking by only punishing sex buyers,” said Cho Joo-eun, one of the authors of the report.
The institute filed the report after a local court asked the Constitutional Court to review the legality of the legislation prohibiting sex trafficking on Dec. 13.
On July 7, 2012, a prostitute was indicted for voluntarily providing sexual services to a man, surnamed Lee, in exchange for 130,000 won ($114) in Seoul. The woman questioned the constitutionality of the said legislation, under which she was indicted, and the Seoul Northern District Court took up her request.
“The case marked the first of its kind though there were some six to seven similar dismissed requests by pimps regarding the constitutionality of the act,” Cho said.
According to Cho, the gist of the report is that the way to approach the issue of voluntary prostitution should be changed from “willful crime” to “inevitable choice” as a consequence of financial difficulties.
“The report is not aimed at legalizing prostitution. Rather than punishing vulnerable members of society, the government should strengthen regulations and punishments that cause demand for prostitution,” she said.
“I think the ‘sex industry’ in Korea has grown under the government’s negligent crackdown on it. In the 1970s, the government even secretly protected prostitution for foreigners to gain more foreign currency and nurture the tourism industry,” she said.
Since 2004, when the law was enacted, civil organizations and women’s rights advocates have called for the decriminalization of voluntary prostitution.