ACT ON THE PUNISHMENT OF ARRANGEMENT OF COMMERCIAL SEX ACTS, ETC.

Article 1(Purpose) #

The purpose of this Act is to eradicate sexual traffic, acts of arranging sexual traffic, etc. as well as human traffic aimed at sexual traffic and to protect the human rights of victims of sexual traffic.

[This Article Wholly Amended on May 23, 2011]

Article 2(Definitions) #

(1) The terms used in this Act shall be defined as follows: <Amended on Dec. 15, 2011>

1. The term "sexual traffic" means committing any of the following acts for an unspecified person or becoming a partner thereof in return for receiving or promising to receive money, valuables or other property gains:

(a) Sexual intercourse;

(b) Pseudo-sexual intercourse using parts of the body, such as the mouth and anus, or implements;

2. The term "acts of arranging sexual traffic, etc." means committing any of the following acts:

(a) Arranging, soliciting for, enticing or coercing to engage in sexual traffic;

(b) Providing a place for sexual traffic;

(c) Providing funds, land or buildings, in awareness that they are used for sexual traffic;

3. The term "human traffic aimed at sexual traffic" means committing any of the following acts:

(a) Transferring targeted persons to a third person while holding them under control and management by a deceptive scheme, by force or by other means equivalent thereto for the purposes of making them sell sex or do obscene acts referred to in Article 245 of the Criminal Act, or using them as an object of pictures, videos, etc. depicting sexual intercourse and other obscene scenes;

(b) Transferring to a third person youths defined in subparagraph 1 of Article 2 of the Youth Protection Act (hereinafter referred to as "youth"), persons who have no or weak ability to discern things or make decisions, or persons with serious disabilities determined by Presidential Decree who are targeted for the same purposes as those under item (a) while holding them under control and management in return for providing or promising to provide money or valuables, such as pre-payments, and other property gains to such youths or persons or to persons who protect or guard the said persons;

(c) Transferring targeted persons for the same purposes as those under item (a) or for the purpose of resale, in awareness that acts referred to in items (a) and (b) take place;

(d) Recruiting, moving and hiding targeted persons for acts referred to in items (a) through (c);

4. The term "victim of sexual traffic" means any of the following persons:

(a) A person compelled to engage in sexual traffic by means of a deceptive scheme or by force, or by other means equivalent thereto;

Article 3(Responsibilities of the State) #

(1) The State and local governments shall take legal and institutional measures and secure financial resources for education, publicity, etc. to prevent and eradiate sexual traffic, acts of arranging sexual traffic, etc. and human traffic aimed at sexual traffic.

(2) The State shall endeavor to promote international cooperation and strengthen cooperation with other countries in criminal justice to prevent human traffic aimed at sexual traffic.

[This Article Wholly Amended on May 23, 2011]

Article 4(Prohibited Acts) #

No person shall engage in any of the following activities:

1. sexual traffic;

2. Arranging sexual traffic, etc.;

3. human traffic aimed at sexual traffic;

4. Employing or recruiting other persons for the purpose of having them engage in acts of selling sex, or brokering or arranging jobs in awareness that sexual traffic takes place;

5. Conducting acts referred to in subparagraphs 1, 2 and 4 and advertising a business place in which such acts take place.

[This Article Wholly Amended on May 23, 2011]

Article 5(Relationship to Other Acts) #

Where the Act on the Protection of Children and Youth against Sexual Abuse and the Popular Culture and Arts Industry Development Act provide otherwise for matters prescribed in this Act, the provisions of the aforementioned Acts shall govern. <Amended on Jan. 28, 2014>

[This Article Wholly Amended on May 23, 2011]

Article 6(Special Cases concerning Punishment of Victims of Sexual Traffic and Protection of Such Victims) #

(1) No victims of sexual traffic shall be punished.

(2) When a prosecutor or judicial police officer finds a considerable ground to deem a suspect or witness to be a victim of sexual traffic in the course of conducting an investigation, he or she shall promptly notify the statutory agent, relative or attorney-at-law thereof and take measures necessary for the protection of the suspect or witness, such as personal protection, non-disclosed investigation, and transfer of such suspect or witness to a relative, shelter, or counselling center for victims of sexual traffic: Provided, That he or she may not make such notice in extenuating circumstances, such as the protection of privacy of such suspect or witness.

(3) Articles 7 through 13 of the Act on Protection of Specific Crime Informants, Etc. shall apply mutatis mutandis to cases where a court or an investigative agency investigates a person who reported an offense prescribed in this Act (including complaints and accusations; hereinafter the same shall apply) or a victim of sexual traffic (hereinafter referred to as "informant, etc.") or interrogates such person or victim as a witness. In such cases, the condition requiring the likeliness to be retaliated shall be unnecessary save Articles 9 and 13 of the Act on Protection of Specific Crime Informants.

[This Article Wholly Amended on May 23, 2011]

Article 7(Duty to Report) #

(1) When the heads of shelters under Article 5 (1) of the Act on the Prevention of Sexual Traffic and Protection of Victims and counselling centers for victims of sexual traffic under Article 10 of the same Act, or employees thereof become aware of any victim of sexual traffic in connection with their duties, they shall make a report thereon to an investigative agency.

(2) No person shall disadvantage persons who have made a report on any offense prescribed in this Act on the grounds of such report.

(3) Except as otherwise provided in other Acts, any information or material by which informants, etc. can be identified, such as personal information or pictures, shall neither be published on the Internet or in publications nor broadcasted by means of broadcast media.

[This Article Wholly Amended on May 23, 2011]

Article 8(Sitting with Trusted Persons) #

(1) When interrogating an informant, etc. as a witness, a court may allow such informant, etc. to sit with a person trusted by him or her ex officio or at the request of the person in question, statutory agent or prosecutor.

(2) When investigating an informant, etc., an investigative agency may allow such informant, etc. to sit with a person trusted by him or her ex officio or at the request of the person in question or statutory agent.

(3) When receiving a request referred to in paragraphs (1) and (2) with respect to a youth, a person having no or weak ability to discern things or make decisions, or a person with serious disabilities determined by Presidential Decree, a court or an investigative agency shall allow such youth or person to sit with a person trusted by him or her except in extenuating circumstances, such as likeliness to impede trials or investigations.

(4) Any person who is seated in the scene of interrogation or investigation pursuant to paragraphs (1) through (3) shall not exert any unfair influence on investigations or trials by means of making vicarious statements, inducing statements, or committing other similar acts.

[This Article Wholly Amended on May 23, 2011]

Article 9(Non-Disclosure of Trials) #

(1) When necessary to protect the privacy of informants, etc. and protect informants, etc. from danger, a court may choose not to disclose trials to the public by its decision.

(2) Any informant, etc. and his or her family member who are summoned as witnesses may request not to disclose the interrogation thereof to protect their privacy and protect themselves from danger.

(3) Upon receiving a request referred to in paragraph (2), a presiding judge may decide on whether to accept such request and methods and a place of interrogation, such as interrogation in a place other than the courtroom.

(4) Article 57 (2) and (3) of the Court Organization Act shall apply mutatis mutandis to non-disclosure of trials under paragraphs (1) and (3).

[This Article Wholly Amended on May 23, 2011]

Article 10(Invalidity of Claims on Grounds of Illegalities) #

(1) Any claim held by any of the following persons against a person who has engaged or is to be engaged in acts of selling sex in connection with the relevant acts shall be invalidated regardless of the form or title of the relevant contract. The same shall apply to cases of transferring relevant claims or acquiring relevant liabilities:

1. A person who has engaged in the acts of arranging sexual traffic, etc.;

2. A person who has employed or recruited persons to engage in acts of selling sex or has brokered or arranged such job;

3. A person who has engaged in human traffic aimed at sexual traffic.

(2) When investigating a case against which a complaint or an accusation is filed on the ground of nonfulfillment of an obligation suspected to be related to an illegality referred to in paragraph (1), a prosecutor or judicial police officer shall conduct such investigation after confirming whether money, valuables or other property gains were provided as means to entice or coerce sexual traffic or to prevent escape from a sexual traffic business place.

(3) When investigating a person who has engaged in acts of selling sex or a victim of sexual traffic, a prosecutor or judicial police officer shall inform the person in question, statutory agent, etc. of the fact that a claim referred to in paragraph (1) is null and void and he or she may use shelters, etc.

[This Article Wholly Amended on May 23, 2011]

Article 11(Special Cases concerning Foreign Women) #

(1) When a foreign woman files a report on any offense prescribed in this Act or a foreign woman is investigated as a victim of sexual traffic, an order for compulsory deportation referred to in Article 46 of the Immigration Control Act and internment referred to in Article 51 of the same Act shall not be issued or executed until the following time. In such cases, the investigative agency shall take necessary measures for immigration management, such as notifying the local immigration office and foreign affairs office of the relevant foreign woman's personal information and residence: <Amended on Mar. 18, 2014; Mar. 16, 2021>

1. When a senior judicial police officer makes a decision not to transfer the case concerned; In such cases, it shall be limited to cases where there has been no request for reinvestigation under Article 245-8 of the Criminal Procedure Act within 90 days from the date of receipt of subparagraph 2 of Article 245-5 of the same Act (including cases where a request for reinvestigation has been made, but there has been no request to send the case within 30 days from the date of notification of the result of the reinvestigation) and there has been no objection under Article 245-7 of the same Act until the expiration of the relevant period;

2. When the public prosecutor has not prosecuted the case, or has instituted a public prosecution.

(2) After instituting a public prosecution against a case referred to in paragraph (1), a prosecutor may request the heads of the relevant agencies, such as the chief of a regional immigration office, to suspend the execution of an order for compulsory deportation under paragraph (1) or temporarily lift internment under the same paragraph for a fixed period of time, taking into account the actual conditions of victims of sexual traffic, testimony, necessity for compensation and other circumstances. <Amended on Mar. 18, 2014>

(3) The relevant foreign women may use shelters, etc. during the period in which the execution of an order for compulsory deportation is suspended or internment is temporarily lifted pursuant to paragraphs (1) and (2).

(4) When an investigative agency investigates a foreign woman as a victim of sexual traffic, the agency shall inform her that she can file a claim for compensation in accordance with the Act on Special Cases concerning Expedition of Legal Proceedings.

(5) When a foreign woman who is a victim of sexual traffic files a claim for compensation in accordance with the Act on Special Cases concerning Expedition of Legal Proceedings, paragraph (1) shall apply mutatis mutandis to such foreign woman until a relevant order of compensation is made final and conclusive.

Article 12(Processing of Protection Cases) #

(1) When a prosecutor recognizes that it is appropriate to issue a protective disposition under this Act to a person who has engaged in sexual traffic in consideration of the nature and motives of the case as well as the character, conduct, etc. of the offender, he or she shall transfer the case to the competent court as a protection case unless any special circumstance exists.

(2) When recognizing that it is appropriate to issue a protective disposition under this Act after trying a sexual traffic case, a court shall transfer the case to the competent court for protective cases by its decision.

[This Article Wholly Amended on May 23, 2011]

Article 13(Jurisdiction) #

(1) Jurisdiction over protection cases prescribed in this Act (hereinafter referred to as "protection case") shall be a family court having jurisdiction over a place where sexual traffic has taken place, or a place of residence or current location of a person who has engaged in sexual traffic: Provided, That in cases of areas in which a family court is not established, it shall be a district court of the relevant area (including its branch offices; hereinafter the same shall apply).

(2) Trials and decisions on protection cases shall be held and made by a single judge.

[This Article Wholly Amended on May 23, 2011]

Article 14(Decision on Protective Dispositions) #

(1) When recognizing that a protective disposition is necessary as a result of a trial, a judge may issue any of the following dispositions by his or her decision:

1. Prohibition of entrance into places or areas in which sexual traffic is concerned to take place;

2. Probation under the Act on Probation;

3. An order for social service or attending courses under the Act on Probation;

4. Commissioning a counselling center for victims of sexual traffic under Article 10 of the Act on the Prevention of Sexual Traffic and Protection of Victims for counselling;

5. Commissioning a specialized medical institution referred to in Article 27 (1) of the Sexual Violence Prevention and Victims Protection Act for medical treatment.

(2) The dispositions referred to in each subparagraph of paragraph (1) may be imposed concurrently.

(3) When a court decides on a protective disposition, it shall promptly give notice thereof to the prosecutor, person subject to such protective disposition, probation officer, and each head of the supporting institution, counselling center for victims of sexual traffic, or specialized medical institution which performs such protective disposition commissioned: Provided, That when commissioning a protective disposition to a commissioning institution which is not operated by the State, the court shall obtain the consent of the head of such institution as to commissioning.

(4) When a court has issued a disposition referred to in paragraph (1) 2 through 5, it shall forward material necessary for education, counseling, treatment and probation to probation officers or the heads of commissioning institutions.

(5) The provisions of the Act on Probation shall apply mutatis mutandis to matters not provided in this Act with respect to probation and an order for social service and attending courses.

[This Article Wholly Amended on May 23, 2011]

Article 15(Period of Protective Orders) #

The period of a protective disposition referred to in paragraph (1) 1, 2 and 4 of Article 14 and the period of an order for social service or attending courses referred to in subparagraph 3 of the same paragraph shall not exceed six months and 100 hours, respectively.

[This Article Wholly Amended on May 23, 2011]

Article 16(Change in Protective Disposition) #

(1) Upon a request of prosecutors, probation officers and the heads of commissioning institutions, a court may change the kind and period of protective dispositions by its decision only once.

(2) In cases of changing the kind and period of a protective disposition pursuant to paragraph (1), the period of a protective disposition referred to in paragraph (1) 1, 2, 4 and 5 of Article 14 and the period of an order for social service and attending courses referred to in subparagraph 3 of the same paragraph shall not exceed one year and 200 hours, respectively when summing up the previous disposition period.

[This Article Wholly Amended on May 23, 2011]

Article 17(Other Acts Applicable Mutatis Mutandis) #

(1) Except as provided in this Act, Articles 13 through 17, 19 through 28, 30, 31, 32 (1), 34 through 38, 43, 44, and 46 through 54 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence shall apply mutatis mutandis to protective dispositions against sexual traffic cases, on condition that "crimes of domestic violence" and "family protection case" shall be deemed "sexual traffic" and "protection case," respectively: Provided, That provisions not applicable to sexual traffic cases by nature, such as Articles pertaining to temporary measures and rights of victims or statutory agents shall not apply mutatis mutandis.

(2) Except as provided in this Act, matters concerning investigations and trials on protection cases shall be determined by the Supreme Court Regulations.

[This Article Wholly Amended on May 23, 2011]

Article 18(Penalty Provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than 101 years or by a fine not exceeding 100 million won:

1. A person who has had another person engage in the conduct of selling sex by force or by threatening;

2. A person who has had a person who sells sex engage in the conduct of selling sex by putting such person in trouble by a deceptive scheme or by other means equivalent thereto;

3. A person who has had another person engage in the conduct of selling sex by taking advantage of his or her status to protect and guard such person due to kinship, employment relationships, and other relationships;

4. A person who has taped videos, etc. depicting obscene content, such as sexual intercourse, by a deceptive scheme or by force.

(2) Any of the following persons shall be punished by imprisonment with labor for a limited term of not less than one year:

1. A person who has committed an offense referred to in paragraph (1) (including those who have attempted to commit an offense) and has received or has demanded or promised a reward wholly or partially therefor;

2. A person who has had a youth, a person having no or weak ability to discern things or make decisions, or a person with serious disabilities determined by Presidential Decree engage in the conduct of selling sex by a deceptive scheme or by force;

3. A person who has committed an offense referred to in paragraph (1) as a member of an organization or a gang referred to in Article 4 of the Punishment of Violences Act.

(3) Any of the following persons shall be punished by imprisonment with labor for a limited term of not less than three years:

1. A person who has compelled another person to engage in the conduct of sexual traffic by keeping such another person in confinement or by exercising the power of an organization or the multitude;

2. A person who has had another person undergo abortion or sterilization by a deceptive scheme or by force by taking advantage of his or her position that employs or supervises persons who have engaged in or intend to engage in the conduct of selling sex;

3. Deleted; <Apr. 5, 2013>

4. A person who has committed an offense referred to in paragraph (2) 1 or 2 as a member of an organization or a gang referred to in Article 4 of the Punishment of Violences Act.

Article 19(Penalty Provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. A person who has engaged in the conduct of arranging sexual traffic, etc.;

2. A person who has recruited persons to engage in the conduct of selling sex;

3. A person who has brokered or arranged a job for another person to have such person engage in the conduct of selling sex.

(2) Any of the following persons shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 70 million won:

1. A person who has engaged in the conduct of arranging sexual traffic, etc. as a profession;

2. A person who has received a reward in return for recruiting persons to sell sex;

3. A person who has received a reward in return for brokering or arranging jobs to other persons to sell sex.

[This Article Wholly Amended on May 23, 2011]

Article 20(Penalty Provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. A person who has placed an advertisement (including advertising by means of various kinds of publications, printed materials, telephone, the Internet and other media; hereinafter the same shall apply) for the purpose of brokering or arranging jobs for other persons to engage in selling sex, or obscene activities, etc. referred to in Article 245 of the Criminal Act;

2. A person who has placed an advertisement on business places in which sexual traffic or acts of arranging sexual traffic, etc. take place;

3. A person who has placed an advertisement soliciting or enticing other persons to purchase sex.

(2) Any person who has manufactured or supplied or has placed an advertisement referred to in paragraph (1) as a profession shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 10 million won.

(3) Any person who has distributed an advertisement referred to in paragraph (1) or publications which carry such advertisement as a profession shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won.

[This Article Wholly Amended on May 23, 2011]

Article 21(Penalty Provisions) #

(1) Any person who has engaged in the conduct of sexual traffic shall be punished by imprisonment with labor for not more than one year, by a fine not exceeding three million won, or by misdemeanor imprisonment, or by a minor fine.

(2) Any person who has violated Article 7 (3) shall be punished by a fine not exceeding five million won.

[This Article Wholly Amended on May 23, 2011]

Article 22(Aggravated Punishment on Organized Crime Syndicate) #

Any person who has organized an organization or a gang or has joined an organization or a gang for the purpose of committing an offense prescribed in Article 18 or 19 shall be punished according to the examples referred to in Article 4 of the Punishment of Violences Act.

[This Article Wholly Amended on May 23, 2011]

Article 23(Persons who have Attempted Crimes) #

Any person who has attempted to commit an offense prescribed in Articles 18 through 20 shall be punished.

[This Article Wholly Amended on May 23, 2011]

Article 24(Concurrent Imposition of Imprisonment with Labor and Fine) #

In cases of Articles 18 (1), 19, 20 and 23 (excluding attempts to commit an offense prescribed in Article 18 (2) through (4)), imprisonment with labor and a fine may be imposed concurrently.

[This Article Wholly Amended on May 23, 2011]

Article 25(Confiscation and Additional Collection) #

Any money, valuables or other property gained by committing an offense prescribed in Articles 18 through 20 shall be confiscated, and where such confiscation is not possible, the value equivalent to such money, valuables or other property shall be collected.

[This Article Wholly Amended on May 23, 2011]

Article 26(Reduction of or Exemption from Punishment) #

When a person who has committed an offense prescribed in this Act makes a report thereon to an investigative agency or surrenders himself or herself to an investigative agency, the relevant punishment may be reduced or exempted.

[This Article Wholly Amended on May 23, 2011]

Article 27(Joint Penalty Provisions) #

If the representative of a corporation or an agent or employee of, or any other person employed by, a corporation or an individual commits an offense under Articles 18 through 23 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions, and if no punishment by a fine is prescribed, such corporation or individual shall be punished by a fine not exceeding 100 million won: Provided, That the same shall not apply to cases where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such offense.

[This Article Wholly Amended on May 23, 2011]

Article 28(Reward) #

(1) A reward may be given to persons who report to an investigative agency an offense referred to in Article 18 (2) 3, (3) 4, and (4) and Article 22, as well as human traffic aimed at sexual traffic. <Amended on Apr. 5, 2013>

(2) Matters necessary for the criteria for, and scope of, the reward referred to in paragraph (1) shall be determined by Presidential Decree.

[This Article Wholly Amended on May 23, 2011]