ENGLISH

Victims of Sex Crimes
Acts and Penalty Regulations of Sex Trafficking
Penalties for Sex Trafficking-Related Actions
- Punishment for Sex Trafficking-Related Actions under the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.

Contents

Punishment

1. Acts of Sex Trafficking (Article 21, paragraph 1 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

Up to one year of imprisonment or fined up to KRW 3 million, detention, or a minor fine

2.Distributing advertisements or advertising publications under paragraphs 4 to 6 for commercial purposes (Article 20, paragraph 3 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

Up to one year of imprisonment or fined up to KRW 5 million and punishment for the attempted crime

3.Producing, supplying, or posting advertisements under paragraphs 4 to 6 for commercial purposes (Article 20, paragraph 2 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

Up to two years of imprisonment or fined up to KRW 10 million and punishment for the attempted crime

4. Advertising to introduce or offer jobs requiring commercial sex acts or lewd acts (including various publications, printed materials, phone, Internet, or other methods, same below) (Article 20, paragraph 1, subparagraph 1, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

5. Advertising businesses implementing or arranging commercial sex acts (Article 20, paragraph 1, subparagraph 2, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

6. Advertising commercial sex acts to recommend or lure people (Article 20, paragraph 1, subparagraph 3, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

7. Arrangement of commercial sex acts (Article 19, paragraph 1, subparagraph 1, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

8. Recruiting people for sex trafficking (Article 19, paragraph 1, subparagraph 2, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

9. Introducing or arranging jobs for sex trafficking (Article 19, paragraph 1, subparagraph 3, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

Up to three years of imprisonment and fined up to KRW 30 million and punishment for the attempted crime

10. Arranging sex trafficking, etc. through sales activities (Article 19, paragraph 2, subparagraph 1, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

11. Recruiting people for sex trafficking and receiving money in return (Article 19, paragraph 2, subparagraph 2, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

12. Introducing and arranging commercial sex jobs and receiving money in return (Article 19, paragraph 2, subparagraph 3, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

Up to seven years of imprisonment, or fined up to KRW 70 million and punishment for the attempted crime

13. Threatening or assaulting another person to force him/her to perform commercial sex acts (Article 18, paragraph 1, subparagraph 1, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

14. Putting another person into trouble by power or position to make him/her perform commercial sex acts (Article 18, paragraph 1, subparagraph 2, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

15. Making a relative, employee, or another person conduct commercial sex acts by using one’s power of supervision over the person (Article 18, paragraph 1, subparagraph 3, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

16. Filming videos expressing sexual intercourse or lewd acts by power or position (Article 18, paragraph 1, subparagraph 4, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

Up to ten years of imprisonment or fined up to 100 million and punishment for the attempted crime

17.Committing (or attempting) crimes under paragraphs 13 to 16 and receiving some or all money in return or requesting or promising money in return (Article 18, paragraph 2, subparagraph 1, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

18. Involving the following persons in sex trafficking: a minor, a feeble-minded person, a person incapable of making decisions or distinguishing objects, or a person having a severe disorder as specified under Article 2 of the Enforcement Decree of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (Article 18, paragraph 2, subparagraph 2, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

19. A member of a group or organization specified under Article 4 of the Punishment of Violence, Etc. Act who committed a crime under paragraphs 13 to 16 (Article 18, paragraph 2, subparagraph 3, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

More than one year of imprisonment for a limited term and punishment for the attempted crime

20. Forcing another person into sex trafficking by imprisonment or using power in a group or with multiple other people (Article 18, paragraph 3, subparagraph 1, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

21. Conducting sex trafficking or making an employee or worker have an abortion or sterilization surgery by using one’s occupational power or position (Article 18, paragraph 3, subparagraph 2, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

22. A member of a group or organization specified under Article 4 of the Punishment of Violence, Etc. Act who committed a crime under paragraph 17 or 18 (Article 18, paragraph 3, subparagraph 4, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

More than three years of imprisonment for a limited term and punishment for the attempted crime

23. Making a relative, employee, or another person conduct commercial sex acts by using drugs or one’s power of supervision over the person (Article 18, paragraph 4, subparagraph 1, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

24. A member of a group or organization specified under Article 4 of the Punishment of Violence, Etc. Act who committed a crime under paragraphs 20 and 21 (Article 18, paragraph 4, subparagraph 2, and Article 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.)

More than five years of imprisonment for a limited term and punishment for the attempted crime

- Punishment for Sex Trafficking according to the Criminal Act

Classification

Contents

Committing or attempting crimes of molesting, capturing, luring or other sexual acts for molestation, adultery, or sex trafficking (Article 288, paragraphs 1 and 2, and Article 294 of the Criminal Act, Article 2, paragraph 1, subparagraph 2 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

- Committing or attempting crimes of capturing or luring a person for molestation or adultery:

1 to 10 years of imprisonment and punishment for an attempted crime

- Committing or attempting crimes of capturing or luring a person for sex trafficking and sexploitation:

2 to 15 years of imprisonment and punishment for an attempted crime

Committing or attempting crimes of human trafficking for molestation, adultery, sex trafficking, and sexploitation (Article 289, paragraphs 2 and 3, and Article 294 of the Criminal Act, and Article 2, paragraph 1, subparagraph 2 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

- Committing or attempting crimes of sex trafficking for molestation or adultery:

1 to 10 years of imprisonment and punishment for an attempted crime

-Committing or attempting crimes of sex trafficking for sexploitation and prostitution:

2 to 15 years of imprisonment and punishment for an attempted crime

Committing or attempting crimes of injury by assault, such as capturing, luring, prostituting, or transferring another person for molestation, adultery, sex trafficking, and sexploitation (Articles 290 and 294 of the Criminal Act, and Article 2, paragraph 1, subparagraph 2 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

- Capturing or luring a person for molestation, adultery, sex trafficking, or sexploitation, or injuring or attempting to injure a captured, lured, or prostituted person after illegal trafficking

3 to 25 years of imprisonment and punishment for an attempted crime

- Injuring a captured, lured, or prostituted person after committing such crimes for molestation, adultery, sex trafficking, or sexploitation:

2 to 20 years of imprisonment

Committing or attempting murder or fatal injury by assault, such as capturing, luring, prostituting, or transferring another person for molestation, adultery, sex trafficking, and sexploitation (Articles 291 and 294 of the Criminal Act, and Article 2, paragraph 1, subparagraph 2 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

- Capturing or luring a person for molestation, adultery, sex trafficking, or sexploitation, or committing or attempting murder of a captured, lured, or prostituted person after illegal trafficking

Death sentence, imprisonment for life, more than ten years of imprisonment, or more than seven years of imprisonment andpunishment for an attempted crime

- Capturing or luring a person for molestation, adultery, sex trafficking, or sexploitation, or causing death of a captured, lured, or prostituted person after illegal trafficking

Imprisonment for life or more than five years of imprisonment

Receiving money, concealing, or attempting such crimes to a captured, lured, prostituted, or transferred person for molestation, adultery, sex trafficking, and sexploitation (Articles 292 and 294 of the Criminal Act, and Article 2, paragraph 1, subparagraph 2 of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes)

- Receiving money, concealing, or attempting such crimes to a captured, lured, or prostituted person or a person captured, lured, or prostituted for trafficking other people for molestation, adultery, sex trafficking, or sexploitation:

Up to seven years of imprisonment and punishment for the attempted crime

- Capturing or luring a person for molestation, adultery, sex trafficking, or sexploitation, or recruiting, transferring, or sending a captured, lured, or prostituted person after illegal trafficking:

Up to seven years of imprisonment

Confiscation and Additional Tax of Benefits
- Any money or property earned by committing a crime under paragraphs 18 to 20 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. shall be confiscated. If confiscation is impossible, a penalty tax will be additionally imposed in the benefit amount (Article 25 of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.).