UPR Sexual Rights Database

National Report:
Para 55) The Government amended the Criminal Act to newly stipulate the crime of human trafficking in order to ratify the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime. The amended Criminal Act expanded the purpose of kidnapping and abduction, along with the previously stipulated purpose of “engaging in an indecent act, sexual intercourse or marriage, or for gain” and “transportation of a person out of the Republic of Korea”, to include the purpose of “labour exploitation, sex trafficking, or the acquisition of organs”. The consequentially aggravated crimes of human trafficking were also more specified into bodily injury and murder and death, in line with the principle of liability. A person who recruits, transfers, or delivers another with the intent to commit human trafficking has become principal rather than accessory under the amended Criminal Act, as such acts are defined as distinct acts of crimes. The provision of universal jurisdiction has been introduced so as to punish foreign nationals in the territory of the Republic of Korea, who have committed the same crime outside the Republic of Korea. The Government presented the bill for the consent of the ratification of the Protocol on Trafficking in Persons, which passed National Assembly in 2015 and the instrument of ratification was deposited with the

National Report:
Para 45) The Government has continued its research and review on a general act on anti- discrimination, encompassing grounds for discrimination such as gender, race, religion, and sexual orientation. While studying relevant domestic legislations, international human rights norms, and legislations of other countries, the Government has sought to address social and economic issues that can be entailed in the enactment of a general anti- discrimination act and to strike a balance between the right to equality and the principle of private autonomy. In 2010, the Government organized a special sub-committee consisting of government officials from relevant ministries, academics, legal experts and interest groups for in-depth discussions in this regard. In 2011, two draft bills for anti- discrimination proposed by lawmakers were submitted to the National Assembly, but they expired with the conclusion of the 18th National Assembly session in May 2012.

Para 52) The Government submitted to the National Assembly in November 2011 the amendments to the Criminal Act. The proposed amendments prohibit acts stipulated in the UN Protocol to Prevent, Suppress and Punish Trafficking annexed to the Convention against Transnational Organized Crime with relevant penal provisions. Having expired as the 18th National Assembly session closed in May 2012, the bill will be re-submitted to the 19th National Assembly. The Government plans to take domestic procedures required to ratify the Protocol after the proposed amendments are passed.

Para 53) In order to prevent inter-country marriage suspected of human trafficking, the Government amended the Act on Management of Marriage Brokerage Agency in 2010. The amendment requires international marriage brokerage agencies to provide personal information of service users to each other in writing and to offer translation and interpretation services to facilitate communication between the would-be couple. In February 2012, the Act was amended again to add provisions prohibiting certain acts of the brokers that may lead to trafficking with a penalty for non-compliance. In addition, local governments in charge of the registration of international marriage brokerage agencies regularly monitor practices of the agencies in cooperation with relevant authorities.

Para 54) As an effort to deter the international sex trade, Korean nationals convicted of sex trade abroad may now be denied of issuing or renewing passports, upon the notification by Office of Prosecution to the Ministry of Foreign Affairs and Trade.

Para 55) Foreign women, who are acknowledged as victims of trafficking for sex trade, are entitled to the same protection and support as local women in accordance with applicable legislations. In certain circumstances, some victims may be granted work/residence permit.