Human trafficking in South Korea
Encyclopedia
The Republic of Korea (R.O.K.) is primarily a source for the trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...

 of women and girls within the country and to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 (often through Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 and Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

), Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...

, Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

, Guam
Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...

, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...

, Canada, and Western Europe
Western Europe
Western Europe is a loose term for the collection of countries in the western most region of the European continents, though this definition is context-dependent and carries cultural and political connotations. One definition describes Western Europe as a geographic entity—the region lying in the...

 for the purpose of commercial sexual exploitation. Women from Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...

, Uzbekistan
Uzbekistan
Uzbekistan , officially the Republic of Uzbekistan is a doubly landlocked country in Central Asia and one of the six independent Turkic states. It shares borders with Kazakhstan to the west and to the north, Kyrgyzstan and Tajikistan to the east, and Afghanistan and Turkmenistan to the south....

, Kazakhstan
Kazakhstan
Kazakhstan , officially the Republic of Kazakhstan, is a transcontinental country in Central Asia and Eastern Europe. Ranked as the ninth largest country in the world, it is also the world's largest landlocked country; its territory of is greater than Western Europe...

, Mongolia
Mongolia
Mongolia is a landlocked country in East and Central Asia. It is bordered by Russia to the north and China to the south, east and west. Although Mongolia does not share a border with Kazakhstan, its western-most point is only from Kazakhstan's eastern tip. Ulan Bator, the capital and largest...

, the People’s Republic of China (P.R.C.), North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...

, the Philippines, Thailand
Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...

, Cambodia
Cambodia
Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia...

, and other Southeast Asia
Southeast Asia
Southeast Asia, South-East Asia, South East Asia or Southeastern Asia is a subregion of Asia, consisting of the countries that are geographically south of China, east of India, west of New Guinea and north of Australia. The region lies on the intersection of geological plates, with heavy seismic...

n countries are recruited to work in South Korea, and a significant number of these women are trafficked for sexual exploitation
Sexual slavery
Sexual slavery is when unwilling people are coerced into slavery for sexual exploitation. The incidence of sexual slavery by country has been studied and tabulated by UNESCO, with the cooperation of various international agencies...

 and domestic servitude. An increasing challenge for the ROK is the number of women from less developed Asia
Asia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...

n countries who are recruited for marriage to Korean men
Korean people
The Korean people are an ethnic group originating in the Korean peninsula and Manchuria. Koreans are one of the most ethnically and linguistically homogeneous groups in the world.-Names:...

 through international marriage brokers; a significant number are misled about living conditions, financial status, and expectations of their Korean husbands. Some, upon arrival in South Korea, are subjected to conditions of sexual exploitation, debt bondage
Debt bondage
Debt bondage is when a person pledges him or herself against a loan. In debt bondage, the services required to repay the debt may be undefined, and the services' duration may be undefined...

, and involuntary servitude
Involuntary servitude
Involuntary servitude is a United States legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion other than the worker's financial needs...

. Some employers continued to withhold the passports of foreign workers, a practice that can be used as a means to coerce forced labor. South Korean men continue to be a significant source of demand for child sex tourism
Child sex tourism
Child sex tourism is tourism for the purpose of engaging in the prostitution of children, that is commercially-facilitated child sexual abuse...

 in Southeast Asia and the Pacific Islands
Pacific Islands
The Pacific Islands comprise 20,000 to 30,000 islands in the Pacific Ocean. The islands are also sometimes collectively called Oceania, although Oceania is sometimes defined as also including Australasia and the Malay Archipelago....

.

The Government of the Republic of Korea fully complies with the minimum standards for the elimination of trafficking. Over the last year, the government continued law enforcement efforts against sex trafficking, and signed MOUs for the Employment Placement System (EPS) with five additional countries and conducted numerous anti-trafficking awareness campaigns. The Korean National Police Agency cooperated with foreign law enforcement agencies to crack down on human smuggling networks that have been known to traffic women for sexual exploitation. However, these commendable efforts with respect for sex trafficking have not been matched by investigations, prosecutions, and convictions of labor trafficking occurring within South Korea’s large foreign labor force. Efforts to reduce demand for child sex tourism, in light of the scale of the problem, would be enhanced by law enforcement efforts to investigate Korean nationals who sexually exploit children abroad.

Prosecution

The R.O.K. government sustained progress in anti-trafficking law enforcement efforts over the last year. The R.O.K. prohibits trafficking for the purpose of commercial sexual exploitation, including debt bondage, through its 2004 “Act on the Punishment of Intermediating in the Sex Trade and Associated Acts,” which prescribes up to 10 years’ imprisonment— penalties that are sufficiently stringent and commensurate with those prescribed for other grave crimes, such as rape. Trafficking for forced labor is criminalized under the Labor Standards Act, which prescribes penalties of up to five years’ imprisonment—also sufficiently stringent. Some NGOs believe the 2004 laws against sex trafficking are not being enforced to their fullest potential. In 2007, R.O.K. authorities conducted 149 trafficking investigations and convicted 52 traffickers, all of whom were sex traffickers. The domestic crackdown on prostitution may have decreased the demand for commercial sexual exploitation in Korea, but it has caused an increase in the number of Korean women and girls moving abroad for commercial sexual exploitation. In 2007, the National Assembly passed the Marriage Brokerage Act, which regulates both domestic and international marriage brokers and proscribes penalties for dishonest brokers, including sentences of up to three years’ imprisonment or fines. The laws to protect “foreign brides” in Korea and punish fraudulent marriage brokers need to be strengthened in order to prevent some from being trafficked. During the reporting period, the government worked with the international community on investigations related to trafficking. There were no reported prosecutions or convictions of labor trafficking offenses.

Protection

The Government of the Republic of Korea furthered efforts to protect victims of sex trafficking over the last year. The R.O.K. government spent $19 million in support of a network of 53 shelters and group homes for foreigners, providing victims with a variety of services, including psychological and medical aid, counseling, and occupational training. Counseling centers that are subsidized by the central government provide medical and legal aid to trafficking victims. NGOs report that there is only one counseling center and two shelters in the country dedicated to foreign victims of sex trafficking. The Ministry of Gender Equality and Family (MOGEF) is currently training 100 interpreters to help foreigners take advantage of services already provided by the South Korean government. Most other facilities that support foreigners are geared towards helping victims of marriage trafficking rather than victims of trafficking for the purpose of commercial sexual exploitation. Most of the shelters are run by NGOs that the government funds fully or in part. This year, provincial police in cooperation with local governments will take over daily operation of the 24-hour hotline for South Korean and foreign trafficking victims that refers victims to government or NGO-run shelters and counseling centers. The government encourages sex trafficking victims to assist in the investigation and prosecution of traffickers. South Korean law
South Korean law
The legal system of South Korea is a civil law system that has its basis in the Constitution of the Republic of Korea.-History:The South Korean legal system effectively dates from the introduction of the original Constitution of the Republic of Korea and the organization of South Korea as an...

 protects foreign women being investigated as a victim of prostitution from deportation until the case is prosecuted or resolved, primarily through the issuance of G-1 visas or orders of suspension of the victim’s departure. G-1 visa holders are able to apply for jobs in Korea, but are not granted permanent residency. The R.O.K. government does not penalize victims for unlawful acts committed as a direct result of their being trafficked. The government continued the full implementation of EPS, which is a system of recruiting foreign workers through government-to-government agreements that eliminate the role of private labor agencies and recruiters, many of which had been found to employ highly exploitative practices—including practices that facilitated debt bondage and forced labor. During the reporting period, the R.O.K. government signed MOUs with China, Bangladesh, Nepal, Burma, and Kyrgyzstan, bringing the total number of MOUs to 14. These MOUs with governments of labor source countries contained provisions guaranteeing basic rights of workers. In July 2007, the government opened a third Migrant Worker Center to support the needs of foreign contract laborers in the country. The EPS appears to be curbing incidents of extreme exploitation and forced labor, through better monitoring, and the government’s encouraging of foreign workers to file complaints—civil and criminal—against their employers.

Prevention

The R.O.K. government acknowledges that trafficking is a problem and continued anti-trafficking prevention efforts through awareness raising campaigns. The Ministry of Justice runs 29 “John schools,” set up to educate male “clients” of prostitution, presented one-day seminars—in lieu of criminal punishment—to 15,124 first-time offenders who were arrested by R.O.K. police in 2007. The courses aim to correct attendees’ distorted views of prostitution and instill recognition of it as a serious crime. The MOGEF continued a public awareness campaign targeting the demand for commercial sex amongst adult males, juveniles, and university students, which included putting up billboard advertisements at train stations and airports. A growing number of R.O.K. men continue to travel to the P.R.C., the Philippines, Cambodia, Thailand, and elsewhere in Southeast Asia for child sex tourism. The R.O.K. government educated advertisement agencies, guides, and foreign travel agencies on the Korean government’s ability to punish Koreans for child sex tourism acts committed abroad, through a “Don’t Be an Ugly Korean” campaign launched by the Ministry of Justice in mid-2007. It also conducted campaigns to certify reputable Korean travel agencies and related businesses, and solicited the public’s ideas for the prevention of sex tourism. The R.O.K. has a law with extraterritorial application that allows for the prosecution of R.O.K. citizens who sexually exploit children while traveling abroad. The government has never prosecuted a Korean national for child sex tourism. The Republic of Korea has not ratified the 2000 UN TIP Protocol.
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