PREVENTION OF PROSTITUTION, ETC. ACT

Article 1(Purpose) #

The purpose of this Act is to prevent acts of prostitutions which vitiate public morals and lead those who are prostituting or are likely to prostitute to a sound way of living.

Article 2(Definitions) #

For the purpose of this Act, the definitions of terms shall be as follows:

1. The term “prostitution” means an act of a person having sex with an unspecified person by receiving or promising to receive money, valuables, property benefits; and

2. The term “person in need of protection” means a person who is confirmed as a prostitute or is likely to prostitute in light of her environment or sexual act.

Article 3(Matters to be Attended to in Application) #

When this Act is interpreted or applied, the personal rights shall not be infringed upon in an unjust manner.

Article 4(Forbidden Acts) #

No one shall do activities falling under any of the following subparagraphs:

1. Prostitution;

2. An act of being a customer of a prostitute;

3. An act of inviting, seducing, helping or forcing someone to prosti tute, or an act of inviting, seducing, helping, or forcing someone to be a customer of prostitution;

4. An act of providing a place for prostitution; and

5. An act of asking, receiving or promising to receive money, valuables, or other property benefits from a prostitute or her customer.

Article 5(Responsibility of State, etc.) #

The State and a local government shall take measures necessary for the prevention of prostitution and the rehabilitation into society of the person in need of protection.

Article 6(Guarantee of Secrecy) #

The person who is employed in the welfare facility for the persons in need of protection under the provision of Article 11, or the person who is employed in the women’s welfare clinic under the provision of Article 14, shall not reveal the facts about a prostitute or her customers whose names have become known to him while he is performing his duty, except in some cases allowed by the provisions of this Act or other Acts and subordinate statutes.

Article 7 #

Deleted.<by Act No. 5847, Feb. 8, 1999>

Article 8(Protective Detention of Juvenile) #

(1) When a judge of the juvenile adjudgment division of a court recognizes the necessity for protective detention of a juvenile under 20 years of age who prostitutes under Article 32 (1) of the Juvenile Act, he may, notwithstanding each subparagraph of the same paragraph, entrust the proper guidance and protection of the juvenile to the facilities which provide proper guidance and protection under subparagraph 2 of Article 11.

(2) The period of trust under paragraph (1) above shall be 6 months, but may be extended one more time within the limit of 6 months as decided by the judge of the juvenile adjudgment division: Provided, That the judge of the juvenile adjudgment division may terminate the trust whenever he recognizes a necessity for its termination.

(3) The matters concerning protective detention under paragraph (1) shall be subject to the provisions concerning the protective cases from the Juvenile Act (the provisions of Article 33 shall be excluded).

Article 9(Measures for Proper Guidance and Protection) #

(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do governor (hereinafter referred to as the “Mayor/Do governor”) may take measures to guide properly and protect the persons in need of protection, who desire to enter the temporary shelter under subparagraph 1 of Article 11 or the facility for the proper guidance and protection under subparagraph 2 of Article 11, by putting them in the temporary shelter or facility for proper guidance and protection, as recommended by the counselor of women’s welfare clinic. <Amended by Act No. 5847, Feb. 8, 1999>

(2) If, in case of paragraph (1), the person in need of protection is under 20 years of age and has a legal representative, the consent of the legal representative shall be obtained: Provided, That if it is difficult to obtain the consent of the legal representative on account of his unknown whereabouts, etc., the principal’s consent may replace the legal representative’s consent until the legal representative requests the principal’s discharge from the temporary shelter under subparagraph 1 of Article 11, or from the facility for the proper guidance and the protection under subparagraph 2 of Article 11, in writing.

(3) The period of time for the proper guidance and protection in the facility for the proper guidance and protection under paragraph (1) shall be time unit as prescribed by the Presidential Decree within one year.

(4) No person subject to the proper guidance and protection as provided in paragraph (1) shall suffer unfavorable treatment in his status on account of such guidance and protection.

(5) The criteria for entrance into or discharge from the facility for the proper guidance and protection and the procedure for it under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Gender Equality. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 6400, Jan. 29, 2001>

Article 10(Details of Proper Guidance and Protection) #

The details of the proper guidance and protection under Articles 8 (1) and 9 (1) shall be as follows: <Amended by Act No. 5454, Dec. 13, 1997; Act No. 6400, Jan. 29, 2001>

1. Counsel and treatment;

2. Education for personal emotional composure and character building;

3. Technical education and guidance for employment to adapt the person in need of protection to the society;

4. Medical protection, health management, and general living guidance; and

5. Other matters necessary for achieving proper guidance and protection as prescribed by the Ordinance of the Ministry of Gender Equality.

Article 11(Type of Facilities) #

(1) The type of welfare facilities (hereinafter referred to as “facilities”) for the persons in need of protection shall be as follows:

1. Temporary shelter: The facilities for the temporary protection and counselling of the persons in need of protection;

2. The facilities for proper guidance and protection: The facilities in which proper guidance and protection shall be given to the persons entrusted by the protective detention under Article 8 (1), and the facilities in which proper guidance and protection shall be given to the persons put into the facilities by the measures of the proper guidance and protection under Article 9 (1); and

3. The facilities for independence and self-support: The facilities in which lodging, boarding, vocational guidance, etc. shall be given to the persons who have difficulty in adapting themselves to the society or have no residence among the persons in need of protection or the persons who are discharged from the facilities for proper guidance and protection within the limit of 6 months if requested by themselves.

(2) The scope of specific functions of facilities referred to in paragraph (1) shall be prescribed by the Presidential Decree. <Newly Inserted by Act No. 5847, Feb. 8, 1999>

Article 12(Establishment of Facilities) #

(1) The State or local governments may install facilities for the sound rehabilitation of persons in need of protection into society.

(2) When a person other than the State or local governments intends to install and operate such facilities, he shall file a report to the head of the Si/Gun/Gu (limited to an autonomous Ku: hereinafter the same shall apply). <Amended by Act No. 5847, Feb. 8, 1999>

(3) Matters concerning standards for installation of facilities, standards for qualifications of employees, the number of such employees and procedures for filing reports as referred to in paragraphs (1) and (2) shall be prescribed by the Ordinance of the Ministry of Gender Equality. <Amended by Act No. 5358, Aug. 22, 1997; Act No. 5454, Dec. 13, 1997; Act No. 5847, Feb. 8, 1999; Act No. 6400, Jan. 29, 2001>

Article 13(Operation of Facilities) #

(1) The head of the facility shall develop the sound sense of value and the independent ability of rehabilitation of the persons in need of protection and help them to adapt themselves to the society through counselling and training.

(2) The head of the facility shall have a medical examination performed on the persons in need of protection within one month of them entering the facility. Where the person is in an unsatisfactory state of health, the head of the facility shall provide medical protection under the Medical Care Act.

(3) The head of the facility shall guarantee the human rights of the persons in need of protection in guiding and protecting them.

(4) Necessary matters concerning methods of and standards for operating such facilities shall be prescribed by the Ordinance of the Ministry of Gender Equality. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5847, Feb. 8, 1999; Act No. 6400, Jan. 29, 2001>

Article 13-2(Measures for Priority Protection in Facilities) #

The head of the facility, upon a request for the accommodation of persons in need of protection, who want to be accommodated in such facility, from the head of an administrative agency including but not limited to the head of a police station, shall take measures to accomodate preferentially such people as prescribed by the Ordinance of the Ministry of Gender Equality and report without delay their accommodation to the head of Si/Gun/Ku. <Amended by Act No. 6400, Jan. 29, 2001>

[This Article Newly Inserted by Act No. 5847, Feb. 8, 1999]

Article 14(Establishment of Women’s Welfare Clinic) #

(1) The Mayor/Do governor or the head of Si/Gun/Gu may establish a women’s welfare clinic (hereinafter referred to asthe “clinic”) for the purpose of advising them on a sound way of living, through counselling.

(2) When a person other than the State and local governments intends to establish and operate the clinic, he shall make a report to the head of Si/Gun/Ku. <Amended by Act No. 5847, Feb. 8, 1999>

(3) The mother and child welfare clinic which is established under Article 7 of the Single-parent Family Welfare Act may provide the services of the clinic. <Amended by Act No. 6801, Dec. 18. 2002>

(4) The scope of business for clinics shall be prescribed by the Presidential Decree and necessary matters concerning standards for establishing and operating such clinics, standards for qualifications of employees, the number of such employees and procedures for making reports shall be prescribed by the Ordinance of the Ministry of Gender Equality. <Amended by Act No. 5847, Feb. 8, 1999; Act No. 6400, Jan. 29, 2001>

Article 15(Counselor of Women’s Welfare Clinic) #

(1) A women’s welfare counselor (hereinafter referred to as a “counselor”) shall be employed in the clinic which is established under provisions of the City/ Do, the Si/Gun/Gu (limited to an autonomous Ku) and Article 14 (1). <Amended by Act No. 5847, Feb. 8, 1999>

(2) The counselor’s duties shall be as follows: <Amended by Act No. 6801, Dec. 18. 2002>

1. The investigation and counsel of the family and the situation of the person in need of protection;

2. Assistance to the person in need of protection to find employment;

3. Proper guidance to prevent the generation of the person in need of protection;

4. Investigation of the actual conditions of the person in need of protection;

5. Good offices for the practical use of the facilities for persons in need of protection in a community;

6. Family problem counsel, guidance and education for the formation of a sound community;

7. The duties of the mother and child welfare counselor as provided in Article 8 of the Single-parent Family Welfare Act; and

8. Other duties necessary for the completion of the service for proper guidance and protection.

(3) The counselors shall be public officials of local governments, and necessary matters concerning qualifications for the appointment of such counselors and standards for posting, educating, and training such counselors, etc. shall be prescribed by the Presidential Decree. <Amended by Act No. 5847, Feb. 8, 1999>

Article 16(Duty of Trust) #

Where the entrance into the facility of the person in need of protection was entrusted or requested to the person who establishes and operates the facility under Article 8 (1) or 9 (1), such entrustment or request shall not be refused without proper reason.

Article 17(Report on Closure, Suspension, etc.) #

Any person who intends to close, suspend or resume the operation of a facility or clinic on which a report has been filed under the provisions of Article 12 (2) or 14 (2) shall file a report to the head of Si/Gun/Gu as prescribed by the Ordinance of the Ministry of Gender Equality. <Amended by Act No. 6400, Jan. 29, 2001>

[This Article Wholly Amended by Act No. 5847, Feb. 8, 1999]

Article 18(Closure of Facility, etc.) #

(1) When a facility or a clinic falls under any of the following subparagraphs, the head of the Si/Gun/Gu may order the suspension of the service or close such facility: <Amended by Act No. 5358, Aug. 22, 1997>

1. When the facility or clinic concerned does not satisfy the standards of establishment under Article 12 (3) or 14 (4);

2. When the facility or clinic concerned refuses the trust, in contravention of the provision of Article 16 without proper reason;

3. When the facility or clinic concerned fails to make a report, makes a false report, or refuses, interferes with, or evades the inspection, in contravention of the provision of Article 21; and

4. When the facility or clinic concerned violates this Act or the order under this Act.

(2) The detailed standard of the administrative measures under paragraph (1) shall be as prescribed by the Ordinance of the Ministry of Gender Equality, taking into consideration the reason for the administrative measures and the degree of the violation. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 6400, Jan. 29, 2001>

Article 19(Subsidy of Expenses) #

(1) The State or local governments may subsidize the expenses needed for the establishment and operation of a facility or clinic.

(2) The expense limit which shall be subsidized under paragraph (1), or other matters necessary for it, shall be as prescribed by the Presidential Decree.

Article 20(Invalidation of Claim Arising from Illegal Causes) #

The claim which a person who does the deeds of subparagraphs 3 through 5 of Article 4 for profit or who cooperates with him in such deeds has on someone with whom he has a relation in the business of the prostitution, shall be invalidated irrespective of the form of the contract.

Article 21(Direction and Supervision) #

(1) The Minister of Gender Equality may order the person who establishes and operates a facility or a clinic to make necessary reports to him or to present materials to him or may let the public officer concerned enter the office, facility, or clinic of the said person to inspect the facility and related documents, etc. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 6400, Jan. 29, 2001>

(2) The head of Si/Gun/Gu may order the person who establishes and operates the facility under Article 12 (2) or the clinic under Article 14 (2) to make necessary reports to him or to present materials to him or may let the public official concerned enter the office, facility, or clinic of the said person to inspect the facility and the related documents, etc.

(3) The public official who enters the office, facility, or clinic and inspects the facility and related documents, etc. under paragraph (1) or (2) shall carry his identification card with him and show it to the related person.

Article 22(Hearing) #

Where the head of Si/Gun/Gu intends to close a facility under Article 18, he shall hold a hearing.

[This Article Wholly Amended by Act No. 5453, Dec. 13, 1997]

Article 23(Delegation of Authority) #

The part of the authority of the Minister of Gender Equality or of the Mayor/Do governor under this Act may be delegated to the Mayor/Do governor or the head of Si/Gun/Gu as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 6400, Jan. 29, 2001>

Article 24(Penal Provisions) #

(1) Anyone who falls under one of the following subparagraphs shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 15,000,000 won:

1. A person who forces someone to prostitute by means of assault or threat;

2. A person who has someone prostitute by using a deceptive scheme, or by getting him into trouble; and

3. A person who has someone prostitute by using their relationship such as his protection or supervision of him through the work, the employment, or others.

(2) When the person who commits a crime under paragraph (1) receives, requests, or promises the whole or part of the charge for the prostitution, he shall be punished by imprisonment for not more than 7 years or by a fine not exceeding 20,000,000 won.

(3) When a person commits a crime under paragraphs (1) and (2) to a minor who is under 20 years of age, he shall be punished by imprisonment for not more than 10 years.

(4) Those who attempt to commit crimes under paragraphs (1) through (3) shall be punished.

(5) In case of paragraph (1), (2), or (4) (a criminal attempt under paragraph (3) is excluded), the imprisonment and the fine may be concurrently imposed on them.

Article 25(Penal Provisions) #

(1) Anyone who falls under one of the following subparagraphs shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 15,000,000 won:

1. A person who provides someone with a place for prostitution by way of business;

2. A person who helps someone to prostitute by way of business; and

3. A person who provides someone with funds, land, or buildings though he knows that they are used for the crimes of subparagraph 1 or 2.

(2) Anyone who falls under one of the following subparagraphs shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 10,000,000 won:

1. A person who seduces or invites someone to prostitute by way of business, or who seduces, invites, or forces someone to be a customer of a prostitute by way of business;

2. A person who provides someone with a place for prostitution;

3. A person who helps someone to prostitute; and

4. A person who promises to provide someone with a place for prostitution or to offer the good office of prostitution by way of business.

(3) A person who seduces or invites someone to prostitute, or who seduces, invites, or forces someone to be a customer of a prostitute shall be punished by imprisonment for not more than 2 years or by a fine not exceeding 5,000,000 won.

(4) In case of paragraphs (1) through (3), the imprisonment and the fine may be concurrently punished on them.

Article 26(Penal Provisions) #

(1) Anyone who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 2 years or by a fine not exceeding 5,000,000 won: <Amended by Act No. 5358, Aug. 22, 1997>

1. A person who establishes and operates a facility without filing a report under Article 12 (2); and

2. A person who is employed in the facility or clinic which violates the provision of Article 6.

(2) Anyone who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding 3,000,000 won: <Amended by Act No. 5847, Feb. 8, 1999>

1. A person who establishes and operates a clinic without filing a report under Article 14 (2);

2. A person who disobeys the order of the suspension of the service under Article 18 (1); and

3. A person who refuses, interferes with, or evades the entrance and inspection of the public official concerned under Article 21 (1) or (2).

(3) Anyone who prostitutes or who becomes a customer of a prostitute shall be punished by imprisonment for not more than one year, a fine not exceeding 3,000,000 won, penal detention, or a minor fine.

Article 27(Joint Penal Provisions) #

When the representative of a juristic person, or an agent, employee, or other employed person of a juristic person or individual violates the provisions of Articles 24 through 26 concerning the service of the juristic person or individual, a fine corresponding to that prescribed in the above Articles shall be imposed on the juristic person and individual, in addition to the punishment imposed on the offending person.

Article 28(Fine for Negligence) #

(1) Anyone who falls under one of the following subparagraphs shall be punished by a fine for negligence not exceeding 3,000,000 won: <Amended by Act No. 5847, Feb. 8, 1999>

1. A person who does not make a report under Article 21 (1) or (2) or makes a false report; and

2. A person who closes, suspends or resumes the operation of a facility or a clinic without filing a report under Article 17.

(2) The fine for negligence under paragraph (1) shall be imposed and collected by the Minister of Gender Equality, the Mayor/Do governor, or the head of Si/Gun/Gu (hereinafter referred to as an “imponent”) as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 6400, Jan. 29, 2001>

(3) A person who is dissatisfied with the disposition concerning the imposition of the fine for negligence under paragraph (2) may raise an objection to the imponent within 30 days after he is notified of the disposition.

(4) When the person who is subjected to the disposition concerning the imposition of the fine for negligence under paragraph (2) raises an objection under paragraph (3) to the imponent, the imponent shall notify the competent court about it without delay. The competent court which receives the notice shall put this case on trial for the fine for negligence under the Non-Contentious Case Litigation Procedure Act.

(5) When no objection is raised and the fine for negligence is not collected within the period under paragraph (3), the fine for negligence shall be collected according to the examples of disposition on the national or local tax in arrears.