ACT ON PREVENTION OF HUMAN TRAFFICKING AND PROTECTION OF VICTIMS

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to promoting human rights by preventing human trafficking, etc. and protecting and supporting victims thereof.

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "human trafficking, etc." means committing any of following acts for the purpose of any commercial sex act, sexual or labor exploitation, organ removal, or other forms of exploitation to recruit, transport, transfer, harbor, hand over, or receive persons; provided, where children or youth defined in subparagraph 1 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses (hereinafter referred to as "children or youth") or persons with disabilities under Article 2 of the Act on Welfare of Persons with Disabilities (hereinafter referred to as "persons with disabilities") are recruited, transported, transferred, harbored, handed over, or received, any of the following acts shall not be required:

a. Assaulting, threatening, coercing, arresting, confining, capturing, enticing, or trading a person;

b. Using deceptive means or force against a person, or taking advantage of the vulnerability and desperation of a person;

c. Offering, or promising to offer, money and valuables or property gains to a person who protects and supervises persons due to business or employment relations or other forms of relations;

2. The term "crime of human trafficking, etc." means any human trafficking, etc. which falls any of the following crimes:

a. A crime under Article 274 of the Criminal Act among the crimes of abandonment and maltreatment under Chapter XXVIII of Part II of that Act, and a crime under Articles 287,288,289,290,291,292,294, and 296 of that Act among the crimes of kidnapping, abduction, or trafficking in persons under Chapter XXXI of that Part;

b. A crime under Articles 18 and 23 (limited to an attempt of crimes under Article 18 of the Act on the Punishment of Arrangement of Commercial Sex Acts) of that Act;

c. A crime under Articles 12 through 15 of the Act on the Protection of Children and Youth against Sex Offenses;

ACT ON PREVENTION OF HUMAN TRAFFICKING AND PROTECTION OF VICTIMS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Victims of human trafficking eligible for application of this Act) #

Article 4(Consent of victims) #

Article 5(Responsibilities of the State and local governments) #

Article 6(Rights of victims) #

Article 7(Relationship to other statutes) #

Article 8(Formulation of comprehensive plans for prevention of human trafficking) #

Article 9(Council for Policy Coordination on Prevention of Human Trafficking) #

Article 10(Fact-finding surveys on human trafficking) #

Article 11(Education) #

Article 12(Raising awareness of prevention of human trafficking) #

Article 13(Victim identification indicators) #

Article 14(Issuance of victim certificates) #

Article 15(Establishment of agencies for protection of rights and interests of victims of human trafficking) #

Article 16(Special cases concerning appointment of attorneys-at-law) #

Article 17(Presence of persons with reliable relationships) #

Article 18(Provision of intermediaries) #

Article 19(Consideration in investigative and trial proceedings) #

Article 20(Non-public hearings) #

Article 21(Duty to file reports) #

Article 22(Duty to take emergency measures) #

Article 23(Protection of victims) #

Article 24(Invalidation of claims arising from illegal causes) #

Article 25(Support for school entrance of victims) #

Article 26(Support for employment of victims) #

Article 27(Legal counseling for victims) #

Article 28(Assistance with medical expenses) #

Article 29(Designation of dedicated medical institutions) #

Article 30(Assistance with livelihood recovery) #

Article 31(Support for return to home countries) #

Article 32(Restriction on duplicate support) #

Article 33(Establishment and operation of support facilities) #

Article 34(Duties of support facilities) #

Article 35(Respect for will of victims) #

Article 36(Revocation of designation of support facilities) #

Article 37(Hearings) #

Article 38(Evaluations of support facilities) #

Article 39(Prohibition on business operations for profits) #

Article 40(Duty of confidentiality) #

Article 41(Integrated establishment and operation of support facilities) #

Article 42(Protection of, and support for foreign victims) #

Article 43(Special cases concerning foreign victims) #

Article 44(Notice of rights to foreigners) #

Article 45(Guidance and supervision) #

Article 46(Prohibition on use of similar names) #

Article 47(Delegation and entrustment of authority) #

Article 48(Penalty provisions) #

Article 49(Joint penalty provisions) #

Article 50(Administrative fines) #