Starting Wednesday night, beefed-up anti-prostitution laws will take affect in the Republic of Korea. By just about any standard, the current anti-prostitution law – the 1961 Prostitution Prevention Law (Korean: Yullak haengwi deung bangji-beop) – has abysmally failed to do what it was ostensibly intended to do, namely, stop prostitution. Accordingly, two new laws – the Sex Trade Middleman Punishment Law and Sex Trade Victim Protection Law – were enacted. The Joongang Ilbo (Korean) outlined some of the changes that are expected (?) to take place:
– Those who confine women and force them to sell sex or engage in human trafficking for the sex trade will get a minimum of three years in the pen. This roughly corresponds with the punishment given to those convicted of burglary or causing injuries resulting in death. Organized crime members engaging in human trafficking for the sex trade will get a minimum of five years. The original law had no separate articles for those crimes. The new laws also provide for up to W20 million rewards to those tipping police off to human trafficking. The law aims to pull out the roots of prostitution by hitting the middle men the hardest. It also calls for all the proceeds and property earned through pimping and prostitution advertisements to be confiscated. Also of note, not just sexual intercourse, but also other sexual acts using tools or parts of the body other than the genitals are now punishable. This makes cracking down on barbershops, massage parlors, phone rooms and other such places much easier, and one would imagine a W60,000 handjob much harder to obtain.
– The new laws designate those women who sell sex while being confined by their employers or while hooked on drugs as victims, as it does minors and women who are physically or mentally handicapped. Accordingly, they will not be punished. Women voluntarily involved in the trade, however, will be punished, and this is expected to cause controversy, both during actual crackdowns and during trials (as well it should). Debts owed by women to their employers, often used to shackle prostitutes to the trade, will automatically be canceled. The old law not only punished all women involved in prostitution, regardless of circumstance, but there have actually been instances of brothel owners suing their former employees for unpaid debts and/or breach of contract and winning.
Also of note, those men caught frequenting a prostitute’s services will be automatically booked and punished with up to a year in jail, W3 million in fines, or other punishments like community service. The previous law called for similar punishments, but most men busted in the company of a working girl were let go with a warning.
– The War on Prostitution: each police station will form three anti-prostitution teams to crack down intensively on prostitution for a one month test period. The Ministry of Gender Equality is doing anti-prostitution PR work at the water fountain behind the Sejong Cultural Center, and women’s groups in the greater Gyeonggi Province area will be doing promotion campaigns of their own. Since April, the office of the prime minister has been running a “Prostitution Prevention Measures Inspection Team,” composed of officials from 14 ministries and departments, so it would initially appear that the government is serious about eliminating prostitution from Korea.
The question, of course, is will the new laws work. CBS (Korean) pointed out that much of that rested with how seriously police took the crackdown. Police are expected to concentrate their efforts on confinement and human trafficking, pimps who rip their girls off financially, and forced prostitution. They are also expected to crack down on advertising, which means you might see a lot less of those lewd little advertising cards scattered in front of yogwans (or schools, for that matter) advertising for massages or other sexual services, at least for the next month.
The problem is that if this is going to work, the relationship between the police and pimps needs to be broken first. One person involved in the trade told CBS that the police never made patrols, and they informed pimps of crackdown dates. When new girls came, police were paid off with free service. The Segye Ilbo (Korean) also pointed to examples of police collusion with the sex trade. I blogged back in April that a brothel owner attempted to set himself on fire (no one was quite sure why) at Yongsan Police Station in connection with kickbacks being paid to cops in return for protection of their businesses.
If I might add, there are other issues as well. Unless you just arrived in Korea yesterday, you should be perfectly aware by now that prostitution is a major industry in Korea. That’s not a judgment, BTW; it’s a simple fact. We’re not talking about just red-light districts concentrated in certain areas; in any major city, it’s hard to walk five minutes in any direction without passing at least one establishment – massage parlors, barber shops, phone rooms, ticket tea houses, what have you – where one could blow his load for a reasonable sum of money. There are obviously a lot of people employed in this sector, and the ubiquitous nature of such places would suggest that prostitution is a reasonably well accepted form of male entertainment, even if a survey by the Ministry of Gender Equality resulted in 94.9 percent of respondents agreeing that prostitution is a crime (with 93.9 percent saying that the prostitution problem in Korea is “serious"). A serious crackdown is going to run into a ton of resistance, both of the active variety from people being put out of work and the passive variety by those who don’t see why the government should be getting involved in this.
For the police, I’m sure they’ll be on the ball for the first month, given the pressure they’ll most likely be receiving from the politicians whose whores are both out of the price range of the common man and beyond the scope of police attention. After that, I see no reason to believe this won’t end up like the much ballyhooed crackdown on drivers crossing stop lines – was absolutely awe-inspiring for the first week or so, but decidedly less so afterward. I can certainly see them going all out on the human trafficking, forced prostitution and underage prostitution – there would seem to be some sort of social consensus that such practices are intolerable. I can even imagine them having some success in cracking down on the financial shackles keeping women involved in the trade longer than they wish. Eliminating prostitution all together, however, would be a joke, and I can’t understand why the government doesn’t simply abandon the fiction and legalize the industry, making it easier to regulate (this would apply to other nations, too).
Also on the prostitution front, Newsis reported that 13 women’s groups from Gwangju/South Jeolla Province area announced Tuesday that they would oppose the deployment of U.S. Patriot missiles to Gwangju Airfield. Among the reasons given – in fact, the first one mentioned in the piece – was that the missile deployment might be accompanied by a base town, which could lead to nasty side effects like domestic and foreign human trafficking and prostitution. Personally, I found that remarkably rich; let’s just say Gwangju has some of the most vibrant “nightlife” of any city in Korea to which I’ve been, and I don’t think it was the Air Force guys from Gwangju of Gunsan driving it.