Film still from Grace Period (2015). Courtesy of Caroline Key and Kim KyungMook.
By YuJin, Popho E.S. Bark-Yi, and Matthias Lehmann
South Korea introduced a raft of new laws against sex work in 2004. These repressive policies are now up for constitutional review due to the intense reaction by sex workers there.
First-time visitors to South Korea may easily assume that selling sex is legal there, as major train stations are typically engulfed by an array of neon signs inviting patrons to enter massage parlors, noraebangs (lit. a ‘singing room’, essentially the same as a Japanese karaoke bar), and brothels. Media reports frequently quote statistics about the alleged net worth of the South Korean sex industry. However, laws repressing sex work are almost as ubiquitous as commercial sex venues themselves, particularly after 2004, when South Korea adopted the anti-sex trade Laws.
Between 2000 and 2002, a series of fires in Korea killed 24 sex workers, exposing the poor conditions in parts of its sex industry. In response, the government vowed to eradicate prostitution and embarked on an aggressive campaign against businesses facilitating it. Riding the wave of public outrage, women’s rights activists campaigned for a legal reform and their proposals eventually served as blueprints for the two-tiered anti-sex trade laws, which criminalise both buyers and sellers of sexual acts, except for anyone coerced into selling sex.
The new legislation reversed decades of de facto toleration of sex work by regulators and law enforcement. The anti-sex trade laws of 2004 replaced the Law Against Morally Depraved Behaviors (prostitution) of 1961, which wasn’t enforced homogeneously, and previously, even the government had actively engaged in organising commercial sex venues to cater to US military personnel stationed on the Korean peninsula.
The anti-sex trade laws have caused many negative, allegedly unintended consequences. According to a 2012 UN report, “police crackdowns from 2004-2009 resulted in [the] arrest of approximately 28,000 sex workers, 150,000 clients, and 27,000 sex business owners”, and 65,621 arrests were reported for 2009 alone. As researcher Sook Yi Oh Kim states, “the average prosecution rate of sex workers is 26.3%, higher than that of sex buyers, and none of the sex workers arrested are treated as victims”. Police crackdowns have led to an overall reduction of red-light districts. Of 69 red-light districts that existed in 2002, 44 remained by 2013. This represented a slight increase from 2007, when a government-commissioned report had located 35.
Police raids are often carried out very violently, and in November 2014, a 24-year old single mother died after jumping out of a motel room to escape arrest by an undercover police officer posing as client. In stark contrast to their usual reporting, most Korean media remained distinctively silent about the case. The continued repression has forced an increasing number of sex workers to work underground, resulting in lower incomes, poorer working conditions, and an increase in violence perpetrated against them. Sex workers worry more about police raids than about screening their clients, an essential measure, as violence or mistreatment from clients are very common. A substantial number migrates to sell sex abroad, at times under exploitative conditions, as they calculate that conditions in Korea threaten them at least to the same extent but yield considerably lower earnings.
Giant Girls and Hanteo against the law
Two organisations actively campaign for the rights of sex workers and against the laws. One is Hanteo, the National Union of Sex Workers, and the other is Giant Girls. Hanteo, which means ‘common ground’, was founded in 2004 and represents 15,000 sex workers as well as some brothel owners. Giant Girls, or GG, was founded in 2009 by a group of feminists along with a number of sex worker activists. GG aims at building a stronger sex worker movement to mobilise against the criminalisation of sex work, in part by working to remove the social stigma attached to sex work.
Yujin started selling sex online five years ago, in order to afford his tuition fees. YuJin self-identifies as a gay sex worker and is a member of GG. Prior to his entrance into the business he had never met anybody who was ‘out’ as a sex worker, and he knew nothing about how to work. Since all aspects of sex work are illegal in Korea, beginners often feel isolated and lack basic work and safety information. Yujin decided to tweet about his experience soon after he started working, which brought him into contact with other sex workers. Like him, these other sex workers did not ‘act immorally to earn easy money’, as the prejudice would have it, but worked hard, albeit without being respected as workers and citizens.
In 2005, sex workers established 29 June as the national day of solidarity with sex workers, coinciding with the date on which the laws were passed. Resistance from sex workers has taken many other forms. Protests organised by Hanteo in 2011 gained worldwide notoriety, as they culminated in dramatic scenes at the Yeondeungpo red-light district in Seoul, where some activists threatened to self-immolate as the confrontation with the police escalated. The events are well documented in the film Grace Period by Caroline Key and KyoungMook Kim.
In 2013, District Court Judge Won Chan Oh submitted a request for a constitutional review of the laws after accepting the argument made by sex worker Jeong Mi Kim that sex work fell under her right to self-determination. Therefore, in sentencing her for selling sex the state had violated article 10 of the Korean constitution, which holds that “all citizens shall be assured of their human worth and dignity and shall have the right to pursue happiness”.
This opened a window for a phase of much more intense sex worker activism. In April 2015, sex workers and activists staged a protest in front of the constitutional court where a public hearing was held as part of the review. They submitted a petition signed by nearly 900 sex workers arguing that the government had no right to “use criminal punishment to discourage voluntary sex among adults”. The following June, GG organised a forum to draw further attention to the fact that “these laws are not simply laws that aim to punish buyers and sellers of sexual services, but have far wider implications … encompass[ing] social issues including sexual morality, sexual self-determination, and the right to choose one’s vocation”.
Sex worker activist Yeoni Kim once said in an interview with Matthias (one of the present authors) that, “the Swedish model is terrible, violates sex workers’ rights, and adds to the stigmatisation of sex work. But, frankly speaking, one could almost say it would be better to have that terrible law than having to continue fearing arrests and police violence under the anti-sex trade laws.” Hearing one of the most seasoned Korean sex worker activists prefer a slightly less terrible law over another should put all talk about ‘choice’ and ‘agency’ into perspective.
In September 2015, Hanteo staged a larger protest in downtown Seoul. Around 1,500 sex workers demanded an end to the government’s repression, shouting slogans and holding up signs in Korean and English that read “Repeal the anti-sex trade laws!”, “we are workers!” or “adopt Amnesty’s declaration!”.
Last year, when the constitutional court struck down the 62-year-old adultery law, it cited “the country’s changing sexual mores and a growing emphasis on individual rights”. Similar logic should govern the decision on the anti-sex trade laws, which is still pending, however some women’s rights and social conservative groups are continuing to stage protests to prevent a decision against the laws, citing fears over human trafficking and minors engaging in sex work.
Migration from Asian countries to South Korea has increased in recent years, and nobody suggests that the country is immune to migrant smuggling or human trafficking. Marriages between comparatively affluent Korean men and poorer southeast Asian women remain common in rural areas, as do the problems arising from illegal practices by marriage brokers or from violence perpetrated by Korean men against their foreign wives, whom they sometimes appear to seek only for reproductive purposes and household or farm labour.
There have also been occurrences of migrants being trafficked into commercial sex venues, but it is crucial to separate human trafficking from consensual adult sex work. Cases of human trafficking or exploitation of migrants have been detected in numerous industries, including in the fishing, agricultural, or manufacturing industries. Migrants of all genders, as well as Korean citizens, are affected by conditions amounting to forced labour. It is therefore disingenuous to suggest that the problem is limited to women who are forced to sell sex, and to thereby disregard the experiences of trafficked persons and migrants in other industries, which include sexualised violence.
We are opposed to any form of violence. Sex and sexualised violence, however, are not the same. Consensual sadomasochistic sexual practices and actual violence are different, just as consensual sex work and being trafficked into the sex industry are different. People may choose to engage in sex work because they experience stigma as single mothers or due to their sexual orientation, or if other factors limit their options on the formal labour market.
Sex work itself is not violence and to suggest otherwise dilutes the meaning of violence. If we really want to curb human trafficking, we have to address the systemic circumstances that marginalise people and render them vulnerable. As sex workers’ rights activists, we have a stake in seeing human trafficking effectively addressed. The battle slogan ‘prostitution is violence against women’ harms both sex workers and trafficked persons as it drives the creation and perpetuation of precisely those failed laws and policies that enable traffickers to prey on vulnerable populations.
About the authors
YuJin self-identifies as a gay sex worker and is a member of Giant Girls, one of two organisations actively campaigning for the rights of sex workers in South Korea.
Popho E.S. Bark-Yi is a feminist researcher and activist in South Korea. Her work focuses on sexuality and on basic income.
Matthias Lehmann is a German researcher and activist, currently focusing on sex work regulations in Germany. His prior research dealt with human rights violations against sex workers in South Korea. He is an active member of ICRSE.
This article was first published by Open Democracy as part of the ‘Sex workers speak: who listens?’ series on Beyond Trafficking and Slavery, generously sponsored by COST Action IS1209 ‘Comparing European Prostitution Policies: Understanding Scales and Cultures of Governance’ (ProsPol). ProsPol is funded by COST. The University of Essex is its Grant Holder Institution. Please note: this article is published under a Creative Commons Attribution-NonCommercial 4.0 International licence. If you have any queries about republishing please contact Open Democracy. Please check individual images for licensing details.
Sexarbeiter*innen und Unterstützer*innen protestieren vor dem südkoreanischen Verfassungsgericht. In der Mitte: Frau Kim Jeong Mi. © 2015 All Rights Reserved.
Due to time constraints, this article will not be translated into English. Please see a short summary at the bottom.
Kommentar zum Artikel „Debatte um Prostitution in Südkorea: Frau Kim kämpft um ihren Job“ von Fabian Kretschmer (taz, Politik/Asien, 1.8.2015).
Prostitution wird als „Job“ bezeichnet, damit also Sexarbeit als Arbeit anerkannt.
Gezeigt wird nicht etwa eins der üblichen Bilder von Bordellen, in denen in Südkorea nur noch vergleichsweise wenige Sexarbeiterinnen arbeiten, sondern ein Bild vom Protest südkoreanischer Sexarbeiterinnen im Jahr 2011. Noch besser wäre gewesen, es wäre ein Bild vom Protest im April diesen Jahres vor dem Verfassungsgericht verwendet worden. (siehe oben)
Ein direktes Zitat von Sexarbeiterin Kim Jeong Mi.
Es wird höchste Zeit, dass die taz endlich die Begriffe Sexarbeit und Sexarbeiter/Sexarbeiterin in ihr Stilbuch aufnimmt. Südkorea „exportiert“ auch keine Sexarbeiter*innen, sondern diese nehmen die vergleichsweise geringeren – aber nicht geringen – Risiken auf sich, im Ausland zu arbeiten, weil die Verdienstmöglichkeiten dort oft besser sind als in Südkorea, wo ihnen ohnehin Razzien, Verhaftungen und Strafen drohen. Der Ausdruck „exportiert“ ist also sowohl unzutreffend – weil Südkorea ja nicht direkt die Migration von Sexarbeiterinnen unterstützt, sondern die harsche Gesetzeslage und die damit einhergehenden Repressionen Sexarbeiterinnen zur Migration zwingen – als er auch unpassend ist, denn Sexarbeiterinnen sind Menschen, die migrieren, keine Ware, die exportiert wird. Auch von einem Marktwert einer Sexarbeiterin zu schreiben, zeugt nicht gerade von Fingerspitzengefühl.
1. Legalisierung vs. Entkriminalisierung
Was die Forderung von Sexarbeiterinnen angeht, ist der Artikel leider zu oberflächlich. Die Forderungen divergieren: wohingegen Frau Kim und die sie unterstützende Organisation Hanteo, Nationale Vereinigung für Sexarbeiterinen, für die Legalisierung regulierter Rotlichtbezirke eintritt, da Hanteo nämlich auch Betreiber*innen angehören, fordern unabhangige Sexarbeiter*innen und Giant Girls, Netzwerk für die Rechte von Sexarbeiterinnen, die generelle Entkriminalisierung der Sexarbeit. Die Unterscheidung zwischen diesen beiden Forderungen ist sehr wichtig und etwas, das man von Journalist*innen gerne erklärt sehen würde, damit Leser*innen die Thematik besser verstehen können.
2. „Kim … verklagte den südkoreanischen Staat“
Richtig ist: Frau Kim verteidigte sich gegen ihre Anklage mit den im Artikel erwähnten Argumenten und verlangte eine verfassungsrechtliche Überprüfung des Anti-Sexhandelsgesetzes, die Oh Won Chan, der Richter der Verhandlung beim Bezirksgerichts in Nord-Seoul, daraufhin einreichte. Dass ein Richter diese Überprüfung einreichte, macht sie so bedeutend, denn vorherige Anfragen zur verfassungsrechtlichen Überprüfung des Gesetzes wurden jeweils von Privatpersonen eingereicht.
3. Zahlen im Allgemeinen und im Speziellen
Die jüngsten Schätzungen – nichts anderes sind sie – sind nicht aus dem Jahr 2007, sondern von 2010. Sie wurden Anfang 2012 schließlich veröffentlicht. Der Bericht mit dem Titel “ Umfrage zum Sexhandel 2010” wurde vom Institut für Gender-Forschung an der Seoul National University angefertigt. Im Vergleich zum Bericht von 2007 hatte das Institut einen Anstieg der Rotlichtbezirke von 35 auf 45 und der Anzahl von dort beschäftigen Sexarbeiterinen von 3.644 auf 3.917 festgestellt. Dieser Anstieg passte natürlich dem auf die Utopie einer Abschaffung der Sexarbeit hinarbeitenden Ministerium nicht, weswegen er zunächst einmal in einer Schublade verschwand.
Nach eingehendem Vergleich mit dem Artikel Choe Sang-Huns in der New York Times – Suit Has South Korea Looking Anew at Its Hard Line on Prostitution – liegt der Verdacht nahe, dass hier schlicht eine gekürzte Version in deutscher Sprache veröffentlich wurde. So stammen die in Choes Artikel erwähnten 8.600 Fälle der Prostitution, in denen Südkoreas Polizei angeblich „derzeit“ ermittelt, vom Jahr 2013, und bei der Anzahl der Sexarbeiterinnen wurde offenbar auf glatte Summen aufgerundet. Das ist so ungenau wie es unnötig ist. Ebenso unnötig ist die Aussage, Prostitution sei in Südkorea „so allgegenwärtig wie in kaum einen anderen OECD-Staat“, denn es gibt keine verlässlichen Zahlen, auf die sich solche Behauptungen stützen ließen, auch in Südkorea nicht. Die sogenannten Regierungsschätzungen sind in Wahrheit zweifelhafte Schätzungen von Forschungsinstituten.
4. Todesfälle von Sexarbeiterinnen
Gut ist, dass das Feuer in Gunsan Erwähnung findet. Allerdings war dies kein isolierter Fall. Fünf Sexarbeiterinnen starben bereits bei einem ersten Feuer in Gunsan im Jahr 2000; 2001 kamen vier weitere Sexarbeiterinnen bei einem Feuer in Busan ums Leben; dann starben wie im Artikel erwähnt 14 weitere Sexarbeiterinnen bei einem zweiten Feuer in Gunsan. Durch diese Verkettung extremer Unglücksfälle gelang es Prostitutionsgegnerinnen danach, eine Verschärfung der Prostitutionsgesetzbegung durchzusetzen.
Alles in allem ist Fabian Kretschmers Artikel einer der besseren, aber insbesondere die teils sehr unpassende Wortwahl und der unnötige Fokus auf nicht belegte, nicht aktuelle und ungenau wiedergegebene Zahlen sind sehr zu bemängeln. Es gibt einige Anzeichen, die vermuten lassen, dass hier der Beitrag von Choe Sang Hun in der New York Times „recycled“ wurde, der im Vergleich sehr viel mehr Einblicke in die aktuelle Situation von Sexarbeiterinnen in Südkorea bot. So wäre besonders eine genauere Erklärung wünschenswert gewesen, für welche Rechte sich Sexarbeiterinnen in Südkorea engagieren, da dies auch in Hinsicht auf die aktuelle Debatte in Deutschland interessant ist. Zum anderen wäre es angebracht gewesen, das südkoreanische Prostitutionsgesetz genauer zu beleuchten, von dem Prostitutionsgegner*innen wiederholt behaupten, es ähnelte dem Schwedens, was eine glatte Lüge ist. In dem Zusammenhang hätten weitere Einzelheiten über Menschenrechtsverletzungen bei Polizeirazzien in Südkoreas Rotlichtbezirken erwähnt werden können. Positiv zu erwähnen ist die gute Wahl des Titels, des begleitenden Fotos und der Bildunterschrift, und dass überhaupt über dieses Thema berichtet wird. Angesichts der üblichen Berichterstattung über Sexarbeit bzw. über Südkorea ist dies nämlich durchaus keine Selbstverständlichkeit.
The above are a few quick comments about Fabian Kretschmer’s article “Debate about prostitution in South Korea: Miss Kim is fighting for her job”. While overall, the article is informative and provides some of the key points of the current debate in South Korea, the terminology used is inept and a quick fact check reveals several inaccuracies and crucial omissions. As is often the case, Mr Kretschmer (or his editor) seem to have felt the need to include statistics, although no reliable data about sex work in South Korea is available, not even in the reports commissioned by the Ministry of Gender Equality and Family. Positive are the choice of title, photo and caption, all of which are by no means a matter of course, and the fact that a German newspaper reported at all about the ongoing constitutional review of South Korea’s Anti-Sex Trade Law.
2015 Panel Discussion commemorating Sex Workers’ Day
“On April 9th, 2015, a public hearing was held at South Korea’s constitutional court regarding the constitutionality of the Anti-Sex Trade Laws. These laws are not simply laws that aim to punish buyers and sellers of sexual services, but have far wider implications. The laws encompass social issues including sexual morality, sexual self-determination, and the right to choose one’s vocation. In this light, Giant Girls Network for Sex Workers’ Rights will hold a panel discussion to review the aforementioned public hearing. The event will be held on Sunday, June 28th, 2015. Thank you for your interest and participation.”
“2015년 4월 9일 성매매특별법 위헌제청 공개변론이 열렸습니다. 성특법은 단순히 성구매자와 판매자의 처벌에 관한 법률이 아닙니다. 이 법에는 우리 사회의 성도덕, 성적 자기결정권의 국가 개입, 직업선택권 등의 복잡한 문제가 얽혀 있습니다. 성노동자권리모임 지지는 이 공개변론이 성특법에 대한 논의에서 중요한 역할을 했음에도 불구하고 공론화 되지 못함을 안타깝게 생각하여 6월 28일 일요일 공개간담회를 열고자 합니다. 많은 분들의 관심과 참여를 부탁드립니다.”
Chair: Sa Misook 사미숙 (Giant Girls)
Jeong Gwan Yeong 정관영 (Attorney)
Prof. Park Gyeong Shin 박경신 (Korea University, argues that the laws are unconstitutional)
Prof. Oh Gyeong Sik 오경식 (Kangrengwonju University, argues the laws are constitutional)
Jang Sehee 장세희 (Vice President, Hanteo National Union of Sex Workers)
Prof. Go Jeong Gaphee 고정갑희 (Hansin University)
Kim Yeoni 김연희 (Sexworker/Activist)
Date/Time: June 28, 2015 Sunday 13:30~15:30
Address: Bunker 1, Seoul Jongno-gu Dongsung-dong No 199-17 Floor -1 Danzzi Ilbo
서울특별시 종로구 동숭동 199-17번지 지하1층 딴지일보
Organiser: Giant Girls Network for Sex Workers’ Rights 성노동자권리모임 지지
Contact: Oh Gyeong Mi 오경미 010-4812-3350
Entrance is free. This event will be held in Korean.
Anyone unfamiliar with the ongoing constitutional review of South Korea’s Anti-Sex Trade Laws might find it helpful to read Choe Sang-Hun’s recent summary in the New York Times. Please note that this recommendation does not represent an endorsement of the terminology used therein.
June 29th ☂ Korean Sex Workers’ Day
On this day, the National Solidarity of Sex Workers Day was organised, after the Special Anti-Sex Trade Law [which includes a Prevention Act and a Punishment Act] was passed in 2004. Since then, the date is commemorated as Korean Sex Workers Day to honour all sex workers who have contributed to the struggle against discrimination over the years.
Sex workers and allies protest in front of the South Korean Constitutional Court.
© 2015 Research Project Korea. All Rights Reserved.
In May, I accepted an interview request by Malte Kollenberg, a freelance journalist producing a series about Germans living in South Korea for KBS World Radio. After several negative experiences with the Korean media, it was refreshing to meet a sincere journalist willing to go the extra mile to communicate before, during and after our encounter to ensure that the subject of sex work would be dealt with appropriately.
Listen to the interview in German or read the translated transcript below.
Please note that the copyright for the interview recording lies with KBS World Radio and is not licensed under a Creative Commons License.
Introduction by Malte Kollenberg
Matthias Lehmann’s research deals with a stigmatised occupation. He currently works on his dissertation about sex work regulations in Germany at Queen’s University Belfast. Over the last years, he’s created his own niche. Starting from his interest in North and South Korea, and later in human trafficking prevention in Thailand, he presented in 2013 the results of a privately funded research project about the impact of the South Korean Anti-Sex Trade Laws on sex workers’ human rights. And South Korea is still on his mind. Lehmann actively engages for improved working conditions for sex workers. For the “Meeting of Two Worlds”, we’ve met Lehmann in Busan and spoke with him about his research, the differences between Germany and South Korea, and his critique of the media.
Malte Kollenberg: Mr Lehmann, what brought you to South Korea?
Matthias Lehmann: I first came to Korea was in 2002. I majored in Korean Studies at the School of Oriental and African Studies in London, and the first time I came here was as a visitor, and then I returned later as an exchange student. Back in Berlin, my home town, I had quite a few Korean friends, and that’s how I came in contact with Korean culture, especially with Korean music, and of course with Korean films. My family’s history was shaped by the German division. I was born and grew up in West Berlin, but I also had relatives in East Berlin and other, smaller cities, all the way down to Saxony, and often visited the former GDR. That’s why the history of the Korean division is both a very interesting and emotional issue for me, and that was one of main reasons why I got into the field of Korean Studies.
MK: In the meantime, your research field is an entirely different one, however, and has little to do with the Korean division.
ML: Right. During my previous studies, and also for some time after that, I was particularly interested in North Korea and the role of the United States in the so-called North Korean nuclear crisis. Afterwards, I first shifted my focus onto the field of human trafficking. I did my master’s degree here in Korea and the subject I then wanted to focus on, sex workers’ rights and prostitution laws, which is the subject I am also dealing with now, I couldn’t get approved by the faculty at my university here, and I guess I can understand that. That was why I continued to focus on human trafficking prevention for my M.A. thesis, but of course that included illustrating how laws that should actually fight human trafficking, like here in Korea, negatively affect the rights of sex workers, especially of migrant sex workers. So, that’s how my research interest developed: first Korea, then human trafficking, then sex work. And although I first focused on Thailand, I later returned to South Korea to focus more closely on the situation here after the huge protests in Seoul in 2011.
MK: You also did research about this subject from a German perspective. Generally speaking, are there great differences between how sex work/prostitution is regulated by law in Germany and South Korea?
ML: Yes, there’s a huge difference. I’ve now begun to focus on Germany for my doctoral degree, and it’s exciting for me to do research about my own country for the first time. In Germany, sex work has been legal for a very long time. The media often report that Germany legalised prostitution in 2002 but that is actually incorrect. Prostitution was already legal for most of the 20th century, with the exception of the Nazi period. What changed in 2002 was that a law was created to strengthen the legal and social rights of sex workers, and that the operating of brothels was permitted. That’s what changed. But sex work was already legal, both the buying and the selling of sexual services.
And that’s exactly what is prohibited in Korea, which means that brothel operators, people who facilitate contacts, for example escort agencies, and also sex workers themselves are all prosecuted here. And it does happen! I’ve often experienced that both Koreans and foreigners living in Korea say that they believe nothing is being done and that the police is always looking the other way. And that really isn’t true. It might only be a drop in the bucket – but that drop hits the target. In fact, there are many raids here, and since last year, they’ve actually increased again. People are arrested and sentenced, people have to appear before the court, and last November, a woman even died as a result of a raid, because she panicked and jumped out of a window to escape the police.
That was a very interesting case and that’s where we come to the media. If any “prostitution ring” or human trafficking case is uncovered in Korea or abroad, where Korean sex workers are involved, or victims of human trafficking, which of course can also occur, then the Korean media always report about it immediately and extensively in their English editions and on their English websites, because that’s “sexy” news. But when that woman died last November – absolute silence! Nobody wanted to report in English that this sort of thing also happens. Of course there were some reports about it in Korean, but they were not good and very disrespectful. In one of them, there was a cartoon that showed two police men looking down from a tall building and a dead woman lying below. How one can even have such an idea is a mystery to me. Of course there isn’t always such extreme harm involved, but raids do happen and the human rights of sex workers here in Korea are being violated. That’s a big problem.
MK: You just said that the media are keen on such “sexy” news. And that’s exactly how it is. Sex always sells in the media. You must be flooded with media requests.
ML: Indeed. With the exception of September 11, I’ve never experienced such an avalanche of media reports as in the last 18 months, both in Germany, but also in the UK. In Germany, that’s because there’s an ongoing discussion about changing the prostitution law. There’s a new bill but it has already been in the works for quite a while and no final decision has yet been made. The ruling coalition will probably just push it through parliament since they have such great majority there. In Northern Ireland, Scotland and also in the British House of Commons, different attempts were made to introduce laws to criminalise the purchase of sexual services. [In Northern Ireland, a law criminalising sex workers’ clients has come into force on June 1st, 2015.] And in Korea, there are also a lot of media reports, especially due to the ongoing constitutional review concerning the Korean anti-prostitution law.
MK: What might be the outcome of that?
ML: I didn’t really look very deeply into the adultery law, which was recently changed here so that adultery is now no longer punishable by law, but in the wake of that decision, it is of course possible that the constitutional judges, they’re eight men and one woman, will take the next step and say that the prostitution law also needs changing. But I don’t quite believe it yet. There have been constitutional reviews of the law in the past, but those weren’t submitted by a judge. However, two years ago, a Korean sex worker stood before the courts because she had sold sex, and she insisted on her right of self-determination, which resulted in the presiding judge at the Seoul Northern District Court submitting a request for a new constitutional review of the law.
The review should have been concluded already, but these things take a lot of time. In the case of the adultery law, for example, it took four years. The first public hearing was in April and the process will continue. The experts I’ve heard giving evidence so far represent a mixed bag. Sex workers are not sufficiently included. It’s bad enough in Germany, but here, it’s even worse. Although there are two different sex workers’ rights organisations, sex workers haven’t presented evidence so far. Instead, that was done by lawyers, researchers, and other experts, so that at the hearing, sex workers themselves weren’t heard. At least in Germany, even if that was merely a fig leaf, we did have a sex worker presenting evidence in front of the justice committee of the German parliament. But here, nothing of that sort happened.
MK: Let’s return to the media. On your blog, you published a media critique some time ago. What problems do you see when it comes to media reports about prostitution/sex work?
ML: Well, it wasn’t just one media critique but sadly, it’s a recurring issue, and it’s always a lot of work. I only focus on those that matter, for example, if there’s a detailed report from the BBC or from [German broadcaster] ARD. When it comes to reports about Korea, then what you mostly see in the German media are the latest stories to have allegedly happened in North Korea, and those stories are often trumpeted before they’re even confirmed, simply because they make for good clickbait. And when it comes to prostitution, there is no value set on fact-checking or actually speaking to members of the occupational group concerned. When the train drivers or pilots in Germany go on strike, then journalists speak with representatives of those occupational groups. Sadly, when it comes to sex work, that just doesn’t happen. Or if it happens, then they are harassed to make certain statements they don’t want to make, or do certain things they don’t want to do. I remember talking with a sex worker while I was doing my research project here in Korea, who told me that after the 2011 protests in Yeongdeungpo, that’s a red-light district in Seoul, one of the media teams insisted on filming her while she would do the dishes at a brothel. She replied to them that she never does that, so why should she do it now? Their idea was obviously to convey a message like, “Look, sex workers are normal people, just like you, doing normal things.” Maybe from a very naïve perspective, one can understand their motivation, but it’s still nonsense to try and fabricate something like that. Instead of trying to put words into their mouths, shouldn’t they actually report about what sex workers’ concerns and demands are?
On July 19th, 2013, people gathered in 36 cities across the globe
to protest against violence against sex workers. | Official Website
MK: The topic sex work/prostitution is so complex. Is there anything that you would like to add that you consider as particularly important?
ML: Yes, thank you. Ever since the global protest in June 2013, after two sex workers were murdered in Sweden and Turkey, the #StigmaKills hashtag is being used on Twitter. It refers to the fact that the stigmatisation of sex work and of sex workers really does result in deaths – or at the very least, it has a very negative impact on sex workers. Something I notice time and time again, especially here in Korea, is that people either feel sorry for sex workers, which they really don’t need, or they’re angry about them, which happens both in Korea or in the Korean communities in Australia, for example. They are angry because they seem to think that Korean sex workers who work abroad are giving Korea a bad image. But the reason why many Korean sex workers have migrated to work abroad is that the law, which was adopted here in 2004, criminalises them, and that the risks they’re taking by working abroad, for example in the US where sex work is also illegal, are still more predictable, or the conditions more attractive, than the risks they’d face if they were to stay and work here. People should finally listen to sex workers, and not just let off steam based on their prejudices.
MK: Thank you very much, Mr Lehmann.
ML: You’re welcome.
Please note that the copyright for the interview recording lies with KBS World Radio and is not licenced under a Creative Commons License.
Interview by Malte Kollenberg. © 2015 KBS World Radio. Translation by Matthias Lehmann. The English version differs slightly from the German original to make for easier reading. I would like to thank Malte Kollenberg for his professional attitude and sensitivity throughout our communication before, during and after the interview.
Lucien Lee at the 2014 Korea Queer Festival in Seoul.
Photo © KQCF (left) and © Lucian Lee (right). All Rights Reserved.
By transgender sex worker Lucien Lee in Seoul
한국어 원본을 보시려면 여기를 누르세요.
Please note that the different copyrights for the respective photos.
Homosexuals once used to be outlaws, persecuted by the police and at the mercy of powerful justice systems in countries we now refer to as advanced. However, many places remain where homosexuals continue to be persecuted and even killed. In South Korea, however, homosexuals have never been outlaws. Unless a homosexual male engages in sexual activities with another person of the same gender while on leave from his mandatory military service, in which case the infamous Article 92 (6) of the Military Criminal Code, also known as “Sodomy Law”, applies, South Korea does not outlaw homosexuality. 
That may have been the reason why South Korea’s queer community had great difficulties to accept it when sex workers, who are criminals according to the 2004 Anti-Sex Trade Laws, joined the 2013 Korean Queer Festival and identified themselves as sexual minorities oppressed by sexual morality. Comments like “What are you whores doing here?” came as no surprise because nobody would want to mingle with outlaws.
When I joined the Korea Queer Festival a year later as a transgender sex worker together with other sex workers, the reactions from people were quite different. Maybe that was because they couldn’t easily other me as a non-queer “whore” because I am a male to female transgender person. That day, we handed out a thousand copies of “A letter from independent sex worker ‘T’ to the LGBAIQ community”.  But other than that, sex workers’ rights are still not considered a part of queer issues.
Various research reports provide data about the ratio of sex workers among transgender people but those figures vary widely due to their limited sample sizes. It is undeniable, however, that those working at Itaewon’s transgender bars are the most visible group of South Korea’s transgender community.
On May 23rd, 2015, South Korean daily Dong-a Ilbo featured an article about transgender sex workers, which revealed the particular locations, times, and how much money is required to buy sexual services. But even before that article, it was impossible to hide transgender sex workers from the public view, and this visibility, together with a greater awareness among the cis-straight society in general, will likely result in police raids specifically targeting transgender sex workers, just as they targeted and demolished red light districts before.
A taxi driver interviewed for the abovementioned article said, “I’ve been a taxi driver for almost twenty years, and they [transgender sex workers] were already here when I started.” Traditionally, sex work is often the only viable source of income for male-to-female transgender people. We cannot survive economically if such a transgender-specific persecution occurs. We cannot easily change our jobs.
Sex workers and activists protest in front of South Korea’s Constitutional Court.
© 2015 Matt Lemon Photography. All Rights Reserved.
On April 9th, 2015, a first public hearing was held at South Korea’s constitutional court in the ongoing review to determine whether the 2004 Anti-Sex Trade Laws are unconstitutional. Article 21 (1) of the Anti-Sex Trade Laws Punishment Act penalises sellers of sexual acts with up to one year in prison or fines of up to 3 million won (approx. £1,765/€2,485/$2,735), except for those who were coerced. The article is not gender-specific and therefore applies to male and transgender sex workers, too.
The female sex worker, whose arrest and subsequent trial led to the constitutional review, standing in the middle of the above photo, argues in favour of the decriminalisation of sex work limited to female sex workers only. However, members of South Korean feminist organisations, who used to advocate for what they referred to as “decriminalising female prostitutes”, have spoken out against this woman as they fear that if the article were to be ruled unconstitutional, buying sexual acts would also no longer be criminalised. Even if one were to accept their opinion that female sex workers are victims of a capitalist system, and hence innocent, whereas male buyers are guilty, their insistence on keeping the 2004 Anti-Sex Trade Laws makes no sense, as it punishes innocent people.
Anti-prostitution activist holding up signs saying
“There are things in the world that cannot be traded.”
© 2015 Matt Lemon Photography. All Rights Reserved.
Despite the importance of this review, none of the LGBT organisations has so far made their stance on this issue publicly known. That is one of the reasons why, although the sexual minority movement is often referred to as “LGBT” or “queer” movement, in reality, it is more considered as a “homosexual” movement by the public.
Police raids targeting transgender sex workers would force transgender people to organise demonstrations in the same way as sex workers working at the Yeongdeungpo red light district did to protect their right to survive. If such protests were to happen, I wonder what stance LGBT organisations would take. Would they abandon transgender sex workers or stand together with them? Let us all take this very seriously and think about it together. See you all at the 2015 Korea Queer Festival.
 While engaging in sexual activities on military premises is generally forbidden, Article 92 (6) of the Military Penal Code states that “anal intercourse or other harassment against any person … shall be punished by imprisonment of up to two years” even if it occurs while on leave. LGBT rights’ activists argue that this paragraph is used to single out sexual relations between members of the same sex.
 A small clarification for readers less familiar with the acronyms: LGBTAIQ stands for lesbian, gay, bisexual, transgender, asexual, intersex, and queer, and the T was here purposefully left out as ‘T’ addressed the LGBAIQ community.
Translation by Lucien Lee. Edited by Matthias Lehmann. I would like to thank Lucien Lee for her permission to reblog this article. The English version differs slightly from the Korean original and features two different photos. Footnotes were added for further clarification.
Photos taken on April 9th, 2015, as sex workers and activists gathered in front of South Korea’s Constitutional Court in Seoul ahead of a public hearing, part of the ongoing review of the country’s Anti-Sex Trade Laws. The sex workers depicted in these photos consented to them being published online. All photos © 2015 Matt Lemon Photography. All Rights Reserved.
+++ Update Sept. 23rd, 2015 | Please read E. Tammy Kim’s article for Al Jazeera America, titled Korean sex workers demand decriminalization of their labor +++
Neon sign of a motel in Daegu © 2015 Matt Lemon Photography All Rights Reserved
In early 2013, I published A Letter from a South Korean Sex Worker, written by Hyeri Lee [an alias to protect her anonymity]. Recently, I had the chance to meet her again in Daegu, South Korea’s third largest metropolitan area. After a few days of sightseeing and trying out the local cuisine, we sat down at a coffee shop near her home to talk about her experiences over the last few years. The following is a transcript of our conversation, which Ms Lee authorised me to publish.
Please note that the copyright for this transcript lies with Research Project Korea and is not licensed under a Creative Commons License.
While Korean police lament the lack of sufficient resources to clamp down on prostitution businesses, police crackdowns and undercover sting operations are actually more frequent than the public believes. During the five years that Ms Lee has worked in different cities across South Korea, she has never encountered anyone being forced to sell sex, which is not to say that working conditions or clients are always pleasant. While there are people under the age of 18 who sell sex in South Korea, all sex workers Ms Lee encountered were between their 20s and 50s. Migrant sex workers she met came from China and North Korea, as well as from Russia and Uzbekistan. Police crackdowns and unruly clients take a serious toll on sex workers’ mental health. In light of that, it’s unfortunate that Ms Lee is no longer involved in sex worker activism as she has lost trust in organisations advocating for sex workers’ rights.
Matthias: How long has it been now since you started to work as a sex worker and where did you work before moving to Daegu?
Hyeri: It’s been five years and apart from Seoul and Incheon, I’ve worked in Bucheon and Yangju in Gyeonggi Province, and in Cheonan and Taean County in South Chungcheon Province. I’ve also worked at other locations but only for a short time.
Matthias: Why did you move to Daegu?
Hyeri: I’ve moved here last July because of my boyfriend.
Matthias: How did you two meet?
Hyeri: We first met on Twitter and later got to know each other more over the phone. I thought he was quite cool and we often happened to agree on quite many things, including our personal relationships. Whenever either of us felt down, we called each other to cheer the other one up. Actually, I felt suicidal a number of times and he always happened to call then to check in on me, as if he knew. It felt like a miracle.
Matthias: What made you feel suicidal? You’ve never mentioned that to me before today.*
Hyeri: I was just so tired of terrible clients and of sting operations by the police in Incheon, Bucheon and Taean.
Matthias: I’ve come across quite many comments online where people expressed they didn’t believe the Korean police was doing anything. What would you respond if someone said that to you?
Hyeri: I would probably just laugh. They clearly don’t know what’s going on. Incheon and Bucheon were the worst. The police was around almost all the time, day and night. There were many crackdowns but I managed to escape them. I left before they could arrest me.
Matthias: How do those sting operations work?
Hyeri: At first, they just act like clients. They’d come into our shop and say, ‘I’ll decide and pay later once I’ve chosen a girl.’ So they enter the room, talk to a woman and pay her, which makes her think this is actually a client. But once she takes the man into a separate room and takes out a condom, he’d arrest her. Just the fact that we have condoms is enough for the police to arrest us.
Matthias: You said before that you sometimes have terrible clients. Could you explain more about that?
Hyeri: The worst ones I had in Taean. They have no manners at all. They’d ask me stuff like ‘Why do you use condoms?’ or ‘Why can’t I use my finger?’
Matthias: I remember you told me one day about a client who had penetrated you with his finger although you had explicitly told him that was off-limits. How often do you have such clients?
Hyeri: Maybe around two out of ten clients try that. When I tell them I don’t want it, some even have the nerve to ask me ‘Why not? What’s the matter?’ What the f***! In other cities, maybe one or two out of ten clients ask for unprotected sex. But in Taean, it was almost every single one of them, so I fought a lot with clients there. Another client I remember from that time was an elementary school teacher. He was really smelly but at least he wasn’t as bad as the others and he was actually a repeat client. But he always made some condescending remarks about how much he paid for my service, like I had to be grateful. Such a show-off.
Matthias: I can only guess but people like him might feel ashamed about buying sex so they perhaps say those things to feel better about themselves.
Hyeri: Exactly. They want to have sex but have no partner, so they come to us and pay us for it. But they still think we are beneath them, like they are somehow better than us. But we’re human, just like them, and have the same rights – no grades, no levels. In fact, some sex workers are smarter than those lowlife clients. Well, maybe not all of them. (laughs) By the way, in Taean, I’ve also had some police officers among my clients.
Matthias: How did they treat you?
Hyeri: They acted pretty normal. Actually, I was more comfortable with them than with some of my other clients. But one of them was bad. All women hated and avoided him but I didn’t care as long as he paid. One day he asked me, ‘Aren’t you afraid of me?’, and when I asked him why, he replied ‘All other girls are afraid of me.’ He then told me that he was a police officer and that his life was boring as his wife was working in another city. I guess he told me because he saw that I wasn’t afraid of him. But at other times, he would get angry, talk trash and yell at me. He was a really loud person. But I just felt kind of sorry for him. He wanted to appear really strong but he seemed quite unhappy and like he just needed someone to care about him.
Matthias: If you look back over the last five years, how would you rate your clients? How many were nice, how many were average, and how many did you have bad experiences with?
Hyeri: The nice ones were just ten percent, maybe a little below that. Half of them were so-so, not bad. The rest behaved badly or worse.
Matthias: So, the majority was average or good, but that’s quite many bad ones. Do you keep records of the bad clients?
Hyeri: Absolutely. I avoid them and tell them that I don’t want them as clients. Some ask me then ‘Why? I paid you, it’s your job.’ Dealing with those clients makes me feel depressed and gloomy. Sometimes, I just want to evaporate. It also burdens me to juggle my work and my family, so sometimes I cry a lot and feel suicidal.
Matthias: Does your mother know about your work?
Hyeri: No, she doesn’t. She does know I work in shops [brothels] but she thinks I am only taking care of the books and help the women with their make-up.
Matthias: And she doesn’t mind that?
Hyeri: No. It’s just one of the jobs out there and she doesn’t care. But if she knew I was a sex worker – she wouldn’t want that.
Matthias: How do you feel about living away from your children?
Hyeri: It’s my one and only regret. Actually, it’s not a regret. But I worry about them.
Matthias: Does your boyfriend have a problem with your work? And do you think you’ll move back to the north together?
Hyeri: No, he’s fine with my work. But Sung Woo [name changed] is a Daegu person through and through. He doesn’t like other cities and he certainly doesn’t like Seoul, so I don’t think we’ll move there. He’s been there for me every time I felt down, even when we were just friends. In Korea, usually just lovers hug each other, but whenever we met, we were hugging each other even when we still thought we were just friends. But then last year, I got unfairly fired from a shop in brothel…
Matthias: Oh, why was that?
Hyeri: The working conditions there weren’t good, so I argued a lot with the owner during the two months I worked there and eventually, he fired me. So I went on a short trip to Busan and Daegu. My plan was just to stay two days in Daegu, but then I met Sung Woo and felt really comfortable with him, so I stayed a day longer, and I visited him several times over the following months. Finally, in July, I started to live here. Actually, people in Daegu prefer a Seoul agashi [young lady; miss] so I have more clients here.
Matthias: Does that mean you can charge your clients more? How long are your sessions usually?
Hyeri: Yes. My sessions last between 60 and 90 minutes and clients have to pay between 100-150,000 Won (approx. £60-90 | US$ 90-140 | €80-120).
Matthias: How does it compare to your previous job in Yangju?
Hyeri: I worked at a room salon there and they had a system called jogeon mannam [lit. condition meeting], where the price depends on the duration as well as the service. What do I do and what don’t I do. There, sessions last for at least two hours or even longer, depending on what the client wants. The client then pays the owner and the owner pays me. Per hour, I earned 30-60,000 Won (approx. £18-36 | US$ 27-55 | €24-48). At the room salon, clients can choose which women they like. Most Korean men prefer thinner girls, so some clients rejected me. Sometimes, I would go a whole day without a single client.
Matthias: And you wouldn’t earn anything then?
Hyeri: That’s right. And whenever I told the owner that I wanted to take a rest, he would ask me, ‘How long?’ It felt more like dealing with a pimp, not with a manager.
Matthias: How about Daegu?
Hyeri: It’s much better here. I got more clients so I can more easily choose which clients I want. In Yangju, I worked pretty much every day but here, I only work 10-14 days per month. If I want to work, I work, and if I don’t, I don’t. (laughs)
Matthias: Very good. Where do you meet your clients here?
Hyeri: I first chat with them via one of two smartphone apps [names withheld] and then I meet them at a yeogwan [small hotel or inn].
Matthias: How much are the rooms there? Does the client have to pay for that?
Hyeri: Yes, sure. For two to three hours, they cost 20-30,000 Won (approx. £12-18 | US$ 18-28 | €16-24), but usually, 20,000 Won.
Matthias: Do you meet them in this neighbourhood?
Hyeri: Yes, I’m not travelling across the city. When clients call me, I tell them I’m from Seoul and don’t know my way around Daegu. (laughs) So, they have to come here and pick me up.
Matthias: What safety precautions do you take? Could they just drive you anywhere they want?
Hyeri: No, I never get into a car with a client. We just meet in front of a motel and then we go in. And they got to pay me first. I also screen my clients in advance. I test how patient they are. When I tell them I can only see them later or the next day, or that they have to come here if they want to see me, some swear at me, so of course I don’t meet them then.
Reflection of a motel in Daegu © 2015 Matt Lemon Photography All Rights Reserved
Matthias: Do you have many repeat clients?
Hyeri: Yes, about 60-70% of my clients are repeat clients. They like my Seoul accent and think I’m kind and sophisticated.
Matthias: Are the motel owners aware that sex workers use their premises? And how about the police? Do they check on the motels in the area?
Hyeri: The owners know, as does the police, but the police doesn’t do anything because we just look like normal couples.
Matthias: Do you have contact to other sex workers in Daegu?
Hyeri: At first, I worked at a noraebang [lit. singing room, Korean for karaoke bar] for a short time as a doumi [lit. helper; doumis sing and drink with customers, who then later also pay them for sexual services at nearby motels if they come to an agreement]. But I didn’t have much in common with the other doumis there. They didn’t think about the job like other sex workers I’ve met. They think of it just as a part-time job or a secondary job, and that they will only do it to earn more money within a shorter period of time and then stop it altogether. Some of them don’t care about using condoms or whether or not clients use their fingers.
Matthias: How old are the sex workers you’ve met over the years? Did you ever encounter any persons below 18 who sold sex?
Hyeri: No, those I’ve met where always in their 20s at least but I’ve also met sex workers who were in their 50s.
Matthias: At all the shops you’ve worked at over the last five years, did you ever come across any cases where you felt people were forced to work there?
Hyeri: No, not at all.
Matthias: Did you meet any sex workers from other countries?
Hyeri: Not here in Daegu but I’ve met Chinese sex workers in Bucheon, Incheon and Taean. There were also Russian und Uzbek sex workers in Bucheon, and I’ve met some from North Korea in Yangju.
Matthias: Do you know how those from North Korea got to work there?
Hyeri: One of them told me she married some older Chinese man who paid her 20-30 million Won (approx. £12-18,000 | US$ 18-27,000 | €16-24,000). She lived with him for almost two years, got pregnant and had a baby, but then she escaped alone via Thailand to South Korea.
Matthias: Did she choose to do all that?
Hyeri: Yes, she wanted to help her parents in North Korea so she got the money and gave it to them. I would call it ‘self-trafficking’. It’s very common for Chinese men to pay for a bride.
Matthias: Finally, I would like to ask you about sex worker activism. You told me before that you resigned as a member of Giant Girls [an organisation of sex workers and allies to support sex workers’ rights]. But I often notice that you post messages about other labour activists on Facebook and Twitter or join them for protests or vigils. Do you still engage in sex worker activism?
Hyeri: I resigned from GG last August and I want to stay independent. There were just too many disagreements. I love some of the members at GG. Some work at a hospital, some are lawyers, and they were really helpful. I don’t necessarily think that it’s a problem that there were more non-sex workers than sex workers at GG but their way of thinking was a problem.
Matthias: Maybe that is because they’re not sex workers? I feel that’s the same with many researchers, journalists or politicians I’ve encountered. Even among those who say they support sex workers’ rights, and let’s suppose they really mean it, there are still many who don’t fully accept sex work as work and hope sex workers would quit and do something else. If there would be a new sex worker-only organisation in South Korea, would you join?
Hyeri: Never. I hate organisations and frankly, I don’t want to meet with other sex workers anymore.
Matthias: Do you have anything else on your mind that you would like to say?
Hyeri: I still think that life is hell for sex workers in South Korea.
Matthias: Yes, it sure sounds tough. Thank you so much for taking the time to share your experiences with me and thanks for showing me Daegu. I had a great time.
* Since those who do not recognise sex work as work are often prone to use cherry-picked facts to support their arguments, I would like to point out that South Korea has the highest suicide rate among all OECD countries.  “Last year, data showed that 29.1 people per 100,000 took their own lives ― more than triple the OECD average.”  So, without meaning to trivialise in any way the impact of police crackdowns and mistreatment by clients on sex workers’ mental health, one needs to acknowledge that suicide is a broader problem in South Korean society, and not limited to its sex worker population.
Update to the previous post “Journalism that harms, not helps: A response to Yewon Kang”
After contacting the Wall Street Journal’s Asia Editor Paul Beckett to request a review of Yewon Kang’s article, I received an email from South Korea Bureau Chief Alastair Gale, from which he permitted me to quote here. With regards to the statements by Yeoni Kim, Mr Gale wrote:
“I have discussed this with Ms. Kang, who has notes of the comments made to her by Mr. [sic] Kim in the interview. It is not clear to me why Ms. Kim would’ve changed her story but it appears to me she has.”
As I responded to him, I have been in close contact with Ms Kim for several years, and in my view, it simply made no sense that she would suddenly turn around and tell a journalist she didn’t even know the complete opposite of what she’s told me on numerous occasions, i.e. that she exclusively works in establishments with managers, which is exactly what she said in her comments included in the critique.
With regards to the claim by Ms Kang that the Ministry of Gender Equality and Family had refused to release the results from a 2010 report, Mr Gale explained that Ms Kang was apparently referring to particular results that weren’t included in the report when it was eventually published. I maintain that at the very least, her remarks are ambiguous, since they suggest that the ministry suppressed an entire report, which is untrue.
Finally, Mr Gale stated that he discussed with Ms Kang my criticism that the story lacked “additional information and background”, when I had actually explicitly referred to Ms Kang’s failure to draw any conclusions about what changes of the law might be necessary to improve the current situation and to mention anything about the frequent violations of sex workers’ rights and the dangers caused by police crackdowns. Both were among the motivations Ms Kang had stated when she first contacted me in June of this year. Mr Gale responded,
“I’ve talked with Ms. Kang about her reporting and research and I feel the story is a fair reflection of the reality of the sex industry in South Korea, including the risks for sex workers from crackdowns by the authorities.”
Where Mr Gale found these risks reflected in Ms Kang’s article continues to elude me, as the article only contains a reference to their economic impact but none about human rights violations.
Needless to say, Ms Kim and a colleague of hers whom I discussed Mr Gale’s response with were not amused with his complete refusal to acknowledge any of the problems in Ms Kang’s article. As for Ms Kang, she never bothered to respond to the critique, but judging from her article, it hardly came as a surprise.
A guide to respectful reporting and writing on sex work
By Marlise Richter, Ntokozo Yingwana, Lesego Tlhwale and Ruvimbo Tenga
Response to Yewon Kang’s article “South Korea’s Sex Industry Thrives Underground a Decade After Crackdown” at the Wall Street Journal’s Korea Real Time blog
In her article, Yewon Kang failed to mention anything about the repeated protests by sex workers against the Anti-Sex Trade Laws, about the frequent violations of sex workers’ rights, and about the dangers caused by police crackdowns and undercover sting operations. Instead of correctly conveying what a sex worker had told her about her work, she fabricated, misrepresented and misquoted her statements. Kang’s article adds to a public discourse already influenced by prejudices, misinformation and sensationalism, and in doing so, she harms sex workers who demand to have their rights protected, instead of having them further eroded by an increase in police crackdowns.
When I recently wrote an email to a journalist in the Middle East, who had written about sex work and prostitution laws in his country, I was impressed by the positive and constructive exchange that developed. In his response, he thanked me for recognising that one certainly couldn’t expect journalists to be experts on every subject they write about, and added that he welcomed it when researchers and experts took the time to open up the dialogue. As a result of our exchange, he tried to convince his editor to change the photo that had accompanied his article, responded well to the points I had raised, and finally, he offered to introduce me to his contacts at local NGOs offering services to sex workers, should I wish to get in touch with them. By doing so, he singlehandedly restored some of the faith I had long lost in journalists writing about sex work.
With this article, however, Yewon Kang and her editors at the Wall Street Journal have tipped the scale back to where it was, and it adds insult to injury that it was published in the immediate aftermath of a 24-year old Korean single mother and sex worker jumping to her death to escape a police sting operation, leaving behind her baby and sick father. My response to Yewon Kang is motivated by my indignation that she deliberately chose to misrepresent and omit important facts. To make matters worse, she not only misrepresented a sex worker’s comment by taking it out of context, she even attributed a statement to her that she never made. Ms Kang had initially informed me that she wanted to convey the voices of different stakeholders to show the impact of South Korea’s Anti-Sex Trade Laws on their lives and work and to explore what each of them thought would be the best model with regards to prostitution legislation. In her final email less than two weeks ago, she assured me that neither her nor her editors were trying to misrepresent anything, and that all her efforts in writing this article were to raise awareness for the ineffectiveness of the law and how it drives sex workers underground, exposing them to greater risks. Yet, she never replied after I pointed out numerous problems in her draft and explained to her why I wouldn’t want to be quoted in it.
Well-informed readers will find none of the following surprising, but since there is too little credible information available about the situation of sex workers in South Korea and since Ms Kang claimed she cares about the dangers the current laws cause for them, I take this opportunity to illustrate that regardless of whatever good intentions she claims to have had, the result is a rather hellish article.
The photos by Man Chul Kim that are used in Yewon Kang’s article show Cheongnyangni 588, a well-known red light district in Seoul. They depict clean and orderly facilities and the photographer avoided showing anyone’s face. Together with the image descriptions, which explain how the Anti-Sex Trade Laws have forced most brothels to close, and the statement by ‘Choi Min Seo’, a sex worker who is said to prefer the safety of a brothel to offering sexual services online, the overall impression is that the author indeed wanted to highlight that legalising or decriminalising sex work would lead to safer working conditions. If that is in fact her opinion, it is all the more puzzling why she chose to misrepresent so many aspects in her article.
Police crackdowns and human rights abuses
Kang mentions “crackdowns” both in the title and four more times in her article. Titles need to be catchy and “crackdown” probably seemed catchier than “adoption of Anti-Sex Trade Laws”; but titles should also be accurate and so “a decade after crackdowns intensified” would have been more appropriate, since they are ongoing and at times intensifying.
Kang writes that the “free-wheeling red-light districts that once dotted many of South Korea’s major cities have been mostly tamed” and that the few which remained “face the threat of police raids”, which she describes as “the law’s successes”. But citing “people who follow the industry”, she states that “the country’s sex trade continues to flourish underground”, and an officer from the National Police Agency knows why: “we just don’t have the manpower” to broaden the crackdowns.
Kang then cites Kim Kang Ja, a former senior police officer in Seoul, who confirms that “money and manpower allocated for tackling the sex trade has never been sufficient for a systematic approach to the issue”. Kim is also quoted as saying that “the current approach only pushes the industry further underground and makes business owners more guileful”.
What Kang omits here, however, is that in 2012, Kim Kang Ja caused quite a stir when she proposed to amend the law to allow brothels to operate in designated areas.
“No matter how hard we try to regulate prostitution and get rid of it, it will always exist. There will always be women who work in the industry and it is virtually impossible not only to crack down on all of them, but also to have a sufficient budget that will help them get out of the business. … That is why we need to allow them to continue to make a living. … Having prostitution out in the open will benefit the women who work in the industry as the government will make efforts to prevent the exploitation of them and violations of their rights, which are now rampant.” – Kim Kang Ja in September 2012
“It is a serious issue that the human rights of prostitutes are infringed upon while their most basic right to make a living is not guaranteed.” – Kim Kang Ja in October 2012
Although some of the other views Kim expressed were questionable, the fact that Kang omits her widely discussed proposal seems odd, at the very least, since she had wanted to shed a light on that very aspect.
Other than Kim’s ambiguous statement that brothel owners have become more “guileful”, Kang only refers to the economic impact of police raids, when she quotes sex worker ‘Choi Min Seo’ who states that she has to work twice as much as before to earn the same amount of money. Kang makes no mention whatsoever of human rights abuses against sex workers during police crackdowns, although she later refers to physical and verbal abuse by clients. And so I sent her the following comment.
“At no point do you mention any abuse by the police, although all sex workers I’ve ever talked to have mentioned it to me, and it was also included in my response to you. I understand that no article can include everything, but by mentioning abuse by clients and omitting abuse by the police, you perpetuate the idea that sex workers experience abuse only by clients, which is untrue.” Excerpt from an email to Yewon Kang, 22/11/2014
Kang deliberately ignored my objections and instead quoted two police sources calling for more resources for crackdowns, which she labelled a success of the Anti-Sex Trade Laws. Given the information she was given (see also next paragraph), this isn’t a mere oversight, it’s a deliberate misrepresentation, supporting the call for more resources for the police to conduct more crackdowns. And given the tragic death of a sex worker this week, who tried desperately to escape a police crackdown, it is cynical beyond belief.
Fabricating, misrepresenting, and misquoting statements
Kang writes that ‘Kim Yeo-ni’ sells sex over “over the Internet, connecting with clients through websites that are disguised as social meetup sites” and that she “prefers to work on her own, instead of in a brothel”.
When I discussed Kang’s article with Yeoni Kim, she stated the following:
“I am very angry. Yewon Kang lies in her article. I never met customers over the Internet. I don’t like it and I told her that. It is very dangerous so I never do that. I only work in shops with managers, and I told her that, too. The person she describes is not me.” – Yeoni Kim, quoted with her kind permission
In the passage already mentioned above, Kang also writes that Kim “experienced physical violence and verbal abuse by some of her clients”.
“This was taken out of context. I got beaten in an environment where there was no manager around at the time to watch out. I explicitly told her that I am worrying about the entire industry going underground and that it has become so dangerous due to all the police raids. But she didn’t mention that at all!” – Yeoni Kim, quoted with her kind permission
The fact alone that Kang deliberately fabricated, misrepresented and misquoted Yeoni Kim should suffice to raise serious doubts over her journalistic integrity. But there is more.
More factual errors
Kang quotes statistics from a “2007 report into the industry by the government’s Ministry of Gender Equality and Family” (which I already discussed here) and writes that “the ministry conducted another report in 2010 but refused to release the results, saying it had grown difficult to collect reliable data because of the evolving nature of the sex trade.”
While it is certainly true that the reports are unreliable, neither report was conducted by the ministry but got commissioned to the Korea Women’s Development Institute and Seoul National University’s Institute for Gender Research respectively. The 2010 report has indeed been published, even if with a delay, and I sent her the link where she could download it from the ministry’s website. Finally, I had cautioned her that the data in both reports and in the “high-profile media report in 2012”, an article in the Joong Ang Daily, were limited to red light districts only and represented mere guesstimates.
Arguing over “conducted by” and “commissioned by” might seem nit-picky, although why she didn’t correct it eludes me. But deliberately stating that a government ministry suppressed a report despite better knowledge is a clear fabrication on Kang’s part.
As is common for articles about sex work, Kang focuses exclusively on women and leaves out men as well as transgender people, whether they be men, women or non-binary people, all of which are often ignored and erased in articles and debates about sex work, a fact I had raised in our email exchange. With her insistence to focus on women and her abovementioned narrow focus on abusive clients, Kang clearly throws her support behind the common female victim/male perpetrator narrative.
Kang had wanted to quote my statement that “the exit programmes offered by the government, if you can call them that, are a joke”, and I had also pointed out that the Park administration’s plan “to pay rewards of up to one hundred million won for tip-offs about prostitution activities” but only 400,000 Won as an incentive to exit prostitution “would be funny if it wasn’t so serious.”
As I wrote here, the bare minimum sufficient to survive in South Korea is approx. 600,000 Korean Won for a 1-person household. For a 3-person household, e.g. a single parent with two children, it is approx. 1,300,000 Korean Won. As a comparison, a person working at minimum wage would earn 1,080,000 Won in South Korea (before taxes).
To be fair, perhaps Kang didn’t have any other source who made a critical comment about the government’s exit programmes, after I withdrew my permission to be quoted, and the fact that she provides the equivalent of the monthly stipend in US dollars should allow readers to grasp that it’s nowhere nearly enough to survive. Kang also mentions that the director of the Women’s Rights Support Division at the ministry “declined to elaborate on how effective the exit programs have been” and that the number of people making use of support centres has more than halved between 2005 and 2013. Yet, she states that “the government provides an array of assistance”.
Earlier, Kang falsely states that the ministry suppressed a report, but here, where the facts she gathered suggest that the assistance offered by the government doesn’t fit the needs of those who might otherwise make use of it, she remains silent. A glaring omission, considering we had discussed the very issue.
Kang claims she wanted to show the impact of South Korea’s Anti-Sex Trade Laws and explore which measures would be useful to improve the current situation. However, she failed to mention anything about the repeated protests by sex workers against the laws, about the frequent violations of sex workers’ rights, and about the dangers caused by police crackdowns and undercover sting operations. Instead of correctly conveying what sex workers had told her about their work, she described them and fabricated, misrepresented and misquoted them. As Laura Agustín, an expert on sex work and migration, accurately summed it up: “Although journalists may ask to speak to ‘real sex workers’, they often just create a general identity to attribute quotations to. Ms Kim could be ‘Korea Sex Worker Everywoman’.”
Kang drew no conclusions whatsoever about what changes might be necessary to improve an untenable situation, although she had ample access to interview partners who could have, and in fact did tell her about it. The only suggestion that appears in her article is to bolster the resources of the police to increase crackdowns.
“Writing about sex work certainly is a minefield. Different people will find different issues important and making everybody happy is quite a difficult task. … Sensitive subject matters, such as the situation of sex workers or other marginalised populations, do require anyone writing about them to go the extra mile to avoid misrepresentations that can negatively affect public opinion and subsequently policy makers.” – Excerpt from emails to Yewon Kang, 17+22/11/2014
In my view, Kang has failed on almost every account. The last thing sex workers in South Korea or anywhere need are articles like hers, as it adds to a public discourse already influenced by prejudices, misinformation and sensationalism. In doing so, she harms sex workers who demand to have their rights protected, instead of having them further eroded by an increase in police crackdowns.
One positive is that Kang consistently uses the term ‘sex worker’, by no means a given in articles in Korean newspapers. (The only time she uses the term ‘prostitute’ is when she quotes a brothel owner.)
Besides that, however, she reverts to a narrative style that is sadly common in articles about sex workers. And while one could think that she perhaps did so unconsciously, it was in fact one of the key points when I explained my reasons for declining to be quoted in her article. In the following, I will highlight just a few examples.
“wearing only lingerie”; “Neon red and blue lights flicker in the narrow alley”; “scantily-clad women”
Police officers wear uniforms; politicians wear formal attire; sex workers wear sexy outfits, and red light districts have neon lights. Yet, you won’t find interviews with police officers or politicians where journalists first describe what they are wearing or describe the lighting at their offices. You might be unaware of it, but this paragraph is sensationalising, and “scantily-clad” is actually a term that tries to evoke pity. – Excerpt from an email to Yewon Kang, 22/11/2014
“women seeking a way out of a life of prostitution”
“a life of prostitution” suggests that if you are a sex worker, your entire life revolves around your work, and the underlying suggestion here is that anyone needs to get out of that life. Just compare it to other professions. Would one also write “life of selling insurances” or “life of politics”? No, one would write, “he wanted to get out of politics” or “she wanted to leave the insurance sector”. ‘Sex worker’ is not an identity but an occupation. – Excerpt from an email to Yewon Kang, 22/11/2014
In 2013, a journalist from German news magazine DER SPIEGEL interviewed sex worker activist Carmen Amicitiae. Although she had made it clear prior to the interview that she was not going to answer any personal questions but only those pertaining to her work and political activism, he went on to describe her as “petite woman, wearing a turtle-neck sweater and baggy trousers” in an article titled “Dark Fantasies”, of which only one fifth dealt with her political work. Amicitiae responded with a counterstatement on her blog and tweeted: “Dear Journalists, please leave my self-portrayal to me! If you want to report about me, then please write about my work or its legal status.”
Liebe Journalisten, überlaßt meine Selbstdarstellung doch mir selbst! Wenn, dann berichtet bitte über meine Arbeit oder deren Rechtslage!—
Carmen Amicitiae (@courtisane_de) May 21, 2013
Just as that SPIEGEL journalist, Kang was made aware of this, but as with everything else, she deliberately chose to ignore it.
Update | December 8th, 2014
“I feel the story is a fair reflection of the reality of the sex industry in South Korea, including the risks for sex workers from crackdowns by the authorities.” – Alastair Gale, the Wall Street Journal’s Korea Bureau Chief.
Find out more in Response from the Wall Street Journal.
A guide to respectful reporting and writing on sex work
By Marlise Richter, Ntokozo Yingwana, Lesego Tlhwale and Ruvimbo Tenga
The following text is a summary of an article on the official website of the Seoul Metropolitan Government. This post does in no way represent an endorsement of the campaign outlined therein, but is solely provided to illustrate the South Korean government’s continued refusal to acknowledge the rights of sex workers and the self-referential pat on its back for continuing to criminalise sex work, despite growing calls to decriminalise it, including from UN General Secretary Ban Ki Moon.
On September 16th, South Korea’s Ministry of Gender Equality and Family (MOGEF) launched a campaign in Seoul to commemorate the 10th anniversary of the adoption of the Anti-Sex Trade Laws. The campaign will be implemented nationwide “to build a healthy society by eradicating prostitution”
The ministry launched the campaign at Seoul’s City Hall in attendance of Kim Hee Jung, minister of MOGEF, and Kang Weol Gu, head of the Women’s Human Rights Commission of Korea (WHRCK). The event was hosted by the Women’s Human Rights Commission of Korea and the Dasi Hamkke Center*, and lasted for two and half hours. The participants distributed brochures and delivered messages to eradicate prostitution. Posters displayed the achievements of the activities to eradicate prostitution and protect victims over the last 10 years.
MOGEF will continue its campaign under the theme “sex cannot be bought and sold” in 16 cities all over South Korea. The campaign will also be joined by the US Embassy in Korea, the US Forces in Korea, and the Cambodian Government.
Minister Kim Hee Jung stated that “prostitution must be eradicated as it violates human dignity. Hence, measures to punish those involved in prostitution should be strongly enforced. People must understand that human beings cannot be traded like commodities.” MOGEF, in cooperation with other institutions, will continue the campaign using TV and other media to raise public awareness of the sexual exploitation of women and children, the minister added.
The slogan on the above poster above reads “There’s something that’s not tradable in this world.”
*The Dasi Hamkke Center is a non-governmental and governmental collaboration agency offering exit programmes and counselling for “victims of sex trafficking and women in prostitution”. The centre is administered by Hansorihoe (United Voice), an umbrella organisation of anti-prostitution NGOs that frequently collaborate with MOGEF.
On November 30th, 2013, an event was held at the Vancouver Public Library to remember the victims of the 1989 massacre at L’École Polytechnique. According to Hilla Kerner, spokeswoman for Vancouver Rape Relief and Women’s Shelter, which sponsored the event, its purpose was not only to “remember those 14 women in the political and historical context that this man killed them”, but also “to use the day to talk about violence against women now, to reveal the different forms of male violence against women, and to celebrate women’s resistance. … We do see prostitution as one form of male violence against women.”
In the run-up to the event, the invitation of Janice Raymond had sparked a controversy. Raymond is an American radical feminist author and activist, and a professor emerita of Women’s Studies and Medical Ethics at the University of Massachusetts (UMass). Between 1994 and 2007, Raymond served as a co-executive director of the Coalition Against Trafficking in Women (CATW), where she is currently on the Board of Directors. She campaigns against the legalisation of prostitution and for the penalisation of the clients of sex workers. Her academic credibility has been called into question, among others by Ronald Weitzer, professor of Sociology at George Washington University, known for his publications on the sex industry. 
At the event, Raymond gave a talk under the heading “Prostitution: Not a Job, not a Choice”, in which she referred to the “South Korean Model”, i.e. the Anti-Sex Trade Law, as a “miracle” that “truly empowers the women”. Below, I will respond to Raymond’s claims and describe an interesting response I received in an online forum.
Responding to Janice Raymond’s claims
[Raymond] “Basically, the Republic of South Korea in the year 2004 passed a zero tolerance law, that’s what it was called, targeting, among other things, the demand for prostitution.”
What Raymond refers to here are the Special Laws on Sex Trade (성매매 특별법, Seongmaemae tteukbyeol beob) – that is what they are called – and what she omits is that one of the “other things” the laws are targeting is the selling of sexual acts. The Punishment Act penalises both buyers and sellers of sexual acts with up to one year in prison or fines of up to 3 million won (approx. £1,715/€2,075/$2,825), except for those who were coerced into selling sex.
[Raymond] “When I met with service organizations in Korea that provided this assistance to women, they told me that the most gratifying part of the law was the 56% decrease of women in prostitution that was reported several years after the law was passed. That was from a government study, that was the Ministry of Gender Equality that conducted that study in Korea. So a 56% decrease in women in prostitution, and that the number of sex districts had decreased also, by about 40%.”
The cited “government study” is a report from November 2007 that was published by the South Korean Ministry of Gender Equality and Family (여성가족부, MOGEF) but produced by the Korean Women’s Development Institute (한국여성정책연구원, KWDI), and its research methodology seems questionable at best.
The report, which is only available in Korean, is titled: “National Survey on the current conditions of the Sex Trade in Korea” (전국성매매실태조사). KWDI chose altogether 8 business types from government registries of businesses they suspected as most likely to facilitate transactional sex. Those were: serviced pubs, clubs, smaller pubs, tea and coffee houses, noraebangs (karaoke places), barber shops, massage parlours, and beauty shops/wellness places. People living or working in red light districts were interviewed and the findings were based on their impressions.
The cited 56% decrease only refers to the number of remaining red light districts (39 in 2007, down from 69 in 2002), not the number of “women in prostitution” and not the number of businesses – just the number of red light districts, some of which disappear(ed) due to gentrification and redevelopment. According to the report, the number of sex workers working in those 39 red light districts decreased by 40% (3,644 in 2007, down from 9,092 in 2002), and the number of “full-time brothels” (전업형) in those 39 red light districts decreased by 49% (1,443 in 2007, down from 2,938 in 2002). However, these numbers do not account for sex workers and businesses outside of these 39 red light districts or for the influence the internet has had on the sex industry.
Thus, any conclusions drawn from the KWDI report only apply to these specific red light districts, and it is important to note that the report’s time frame began in fact two years prior to the introduction of the Anti-Sex Trade Law, which means that the decrease cannot be attributed to the law alone, even where the conditions in red light districts are concerned.
The numbers in the KWDI report don’t always add up either. The 2007 figures in the report list 39 red light districts, 1,443 brothels, 3,644 sex workers, 2,510,000 clients per year, and an average of 5.8 clients per brothel and day. However, if one multiplies 5.8 x 1443 x 365 (clients per brothel and day x brothels x 1 year), one arrives at 3,054,831 client visits, a discrepancy of 544,831. It probably explains why MOGEF stated they wouldn’t take any responsibility for the figures in the report.
“This report was commissioned by the Ministry of Gender Equality and Family and the research was conducted by the Korea Women’s Development Institute. The result of this research and the content of the report are solely the opinions of the researchers, of which no official position of the Ministry of Gender Equality and Family is to be inferred.”
[Raymond] “Included in that legislation were added resources to assist the women in prostitution. … The assistance package, that was really, very much funded by the government, which provided counselling, job retraining, medical treatment, a monthly stipend, and legal support. And to qualify for that, women had to demonstrate in some way, through the assistance organizations, who certified this, that they had been harmed or that they suffered from addictions or other disabilities or were underage. Thousands of women took advantage of that provision and subsequently exited prostitution.”
According to government sources, the bare minimum sufficient to survive in South Korea is approx. 600,000 won for a 1-person household. For a 3-person household (e.g. single parent + 2 kids), it is approx. 1,300,000 won. People who receive government benefit also receive medical and educational support and have their TV license fees waived. As a comparison, a person working at minimum wage would earn 1,080,000 Won (before taxes).
Therefore, one can safely assume that a monthly stipend of 400,000 won, which is part of the assistance package Raymond referred to, does not represent a sufficient incentive to exit prostitution, since one wouldn’t be able to survive on it, and since in order to receive it, third parties are required to certify that one actually deserves it. In addition, the sustainability of said assistance seems questionable (see ‘Empowerment’).
Earlier, however, the same person wrote:
One can agree that asking the “wo(man) in the street” about her or his opinion is likely to produce “vague impressions, rumors and popular myths”. What the report I cited showed – and nothing else I had suggested – was how the majority of respondents viewed the implementation of the Anti-Sex Trade Law, with the key word being “viewed”. Nobody claimed they represented “reliable figures on prostitution”.
Janice Raymond, however, cited a government study of which she didn’t know who actually conducted it, a law of which she didn’t know the correct name, and figures that were not only derived via a dubious research methodology but which she also managed to confuse. (Raymond confused the respective percentages of the decreases in red light districts and the number of sex workers working in them.)
It speaks volumes then, that if a sex worker organisation commissions a research institute to do a survey, their results are denounced as “idiotic”, but when a government body commissions a research institute to do a survey, their results are viewed as “solid facts”, just so long as they support the desired narrative.
The “South Korean Model” is no more a “miracle” than the Swedish Model. The difference between the two is that the former states outright that it criminalises sex workers, while the latter claims it doesn’t.
Sex Workers demand: “Repeal the ‘Special Laws on Sex Trade’”
A constitutionality review of the Anti-Sex Trade Law, submitted in January 2013 by Criminal Law Judge OH Won Chan from the District Court in Northern Seoul, was scheduled to conclude six months later. A year on, however, no decision has been announced and the persecution of sex workers continues.
Since the adoption of the Anti-Sex Trade Law in 2004, sex workers have demanded to reform or repeal the law time and again, most famously in September 2011, when an estimated 1,500 sex workers gathered in Seoul to protest against the law.
If you want reliable information about the current conditions in South Korea’s sex industry, they are the people to go to.
(All images by Jung Yeon-Je/AFP/Getty Images)
When discussing two of her previous studies of sex trafficking, “Raymond provides no information on where she located the women, how she gained access to them, how diverse or representative they are, and whether they saw themselves as victims. Moreover, none of the interview questions [are] revealed to the reader. … It is a canon of academic research that authors situate their findings in the related scholarly literature to highlight similarities and differences in findings and build on prior work— something that Raymond opted not to do.”
“The biggest contributor to pushing sex work underground are the authorities.” A banner – previously used at the press conference by the Hanteo National Union of Sex Workers – hangs forlorn between two brothels in Yeongdeungpo, Seoul, as the red light district is closed on Korean Sex Workers’ Day 2012. (Photo by Matthias Lehmann)
Report on Public Opinion of Anti-Trade Sex Law
In 2011, the Hyundai Research Institute published the findings of a survey commissioned by the Hanteo National Union of Sex Workers. It examined “the changes in public opinions on sex trade after the enactment of the Anti-Trade Sex Law” in South Korea based on interviews with 1,000 adults from different age groups and all walks of life in a nationwide telephone survey.
Yeon Ju OH is a co-editor of Cyberfeminism 2.0 and has been researching women in technology, the relationship between gender and new media technologies, and feminist knowledge production. Her interests include the transnationalisation of feminist knowledge.
I would like to express my sincere gratitude to Ms Oh who volunteered to translate the report to make it accessible to a wider audience and help to further a better knowledge exchange between the global south and north.
South Korean Model: The Anti-Trade Sex Law
In September 2000, the notorious Gunsan Brothel Fire killed five women who had been held captive. Their tragic deaths exposed the conditions in Korea’s sex industry and triggered a campaign by women’s rights activists to reform the country’s prostitution laws. Their proposals became the blueprint for the Special Laws on Sex Trade (성매매 특별법, Seongmaemae tteukbyeol beob), enacted in 2004, which include a Protection and Prevention Act and a Punishment Act, which penalises both buyers and sellers of sexual acts with up to one year in prison or fines up to 3 million won (approx. £1,715/€2,075/$2,825), except for those who were coerced into selling sex. Those who force others to sell sex are subject to up to 10 years in prison or fines of up to 100 million won (approx. £57,000/€70,000/$94,000).
The Anti-Sex Trade Law of 2004 replaced the Law Against Morally Depraved Behaviours (Prostitution) of 1961 (윤락행위등방지법, Yullak haengui deung bangji beob). Interestingly, the new law replaced the term “prostitution” (윤락) with “sex trade/sex trafficking” (성매매) as the former was found to imply the “moral corruption of the engaged women” while the latter was deemed to be neutral in value. What this illustrates, however, is the law’s disregard of sex work as an act of self-determination and the definition of transactional sex, i.e. the receipt of monetary or other material benefits in exchange for sexual acts, as inherently exploitative.
By passing the Anti-Sex Trade Law, the government vowed to eliminate prostitution and protect victims of exploitation and violence in the sex industry, drawing inspiration from the so-called Swedish Model that criminalises the buyers of sexual acts. Although representatives of the Swedish government continue to claim that the law successfully reduced prostitution and human trafficking, a 2011 report by the Swedish police found that between 2008 and 2010, all those criminal offences the Sex Purchase Act from 1999 was supposed to tackle had actually increased, including a number of human trafficking offences, the purchase of sexual services and even the purchase of sex acts with children. In November 2013, Equality Minister Maria Arnholm voiced her concern that “prostitution in Sweden today is more affected by trafficking, compared to seven years ago” and announced to further examine the effects of Sweden’s prostitution law.
The Ministry of Gender Equality celebrated the Anti-Sex Trade Law legislation as a milestone achievement that would “vigorously strengthen the protection of the human rights of women in prostitution”. However, others criticised the legislation’s discriminatory attitude towards sex workers, who remain criminalised unless they claim to be victims. This “distinction between victims and those who [voluntarily] sell sex is actually one between protection and punishment” and categorises women into “good women who are worthy of help” and “bad ones who need to be punished”, thus continuing the stigmatisation of women who sell sex.
Challenges of the Anti-Sex Trade Law
In June 2006, the Korean Constitutional Court ruled 8:1 to uphold the law in the “So-called Brothel Building Provider Case”. A complainant who owned buildings in a red light district had argued that since his properties could not be leased out for any purpose other than brothels, regulating and punishing the leasing out as thus excessively infringed upon his right to property. The judges dismissed his complaint arguing that “the public good that may be achieved by preventing the deep-seated abuse and infringement of human rights of sexual traffic in the brothel area, and ultimately closing down the brothel area itself” was of greater importance “than the short term private losses suffered by the complainant”.
In January 2013, Criminal Law Judge OH Won Chan from the District Court in Northern Seoul accepted the request of a 41-year-old sex worker, surnamed Kim, for the legal examination of the Anti-Sex Trade Law and referred the case to the Constitutional Court for judgement. Kim had been fined 500,000 won (approx. £285/€345/$470) for selling sex in violation of the laws. The request is based on the premise that in the absence of coercion or exploitation, sex work should fall within an individual’s right to self-determination and that adults have the right to engage in consensual sexual acts without the state’s interference.
Korean legal experts appear to agree with that notion. According to HAN Sang Hee, professor at Konkuk University Law School in Seoul, “the policy approach to sex work in South Korea has centred on regulation [punishment], viewing it simply as an ‘evil’. The significance of this constitutionality review request is that it positions sex work as a matter of women’s rights and provides a starting point for a debate on expanding women’s rights to self-determination.” And according to HOH Il Tae, professor at Dong-A University Law School in Seoul, “criminal punishment should be a last resort. The state needs to refrain from interfering in personal matters that do not involve sexual acts with minors. The responsibility of the state is to monitor, protect, and/or provide appropriate education for the women who engage in sex work to earn money and the men who purchase their services.”
Public Opinion: An ineffective law in dire need of reform
The survey by the Hyundai Research Institute revealed that 23.2% of respondents believed sex trade* had increased since the enactment of Anti-Sex Trade Law, while 8.9% thought it had declined. The highest percentage (49.9%) thought the law had made “no difference”. While 29.3% of the respondents thought, the abolition of red-light districts had a positive impact on efforts to eradicate sex trade, in most respondent groups, the percentage of those who felt it had neither a positive nor a negative impact was higher. In addition, 58.8% believed that covert sex trade had increased since the enactment of the Anti-Sex Trade Law, while 7.4% said it had decreased (No difference: 24.9%). 46.1% of respondents answered that the number of sex workers travelling to work abroad had increased since the enactment of law, while 3.3% said the number had decreased. (No difference: 21.3%, Do not know/Unanswered: 29.3%)
These answers clearly indicate that the majority of respondents did not view the implementation of the Anti-Sex Trade Law as effective in reducing sex trade. It comes as no surprise then that 39.6% of the respondents did not agree that the law had been implemented in accordance with its original purpose and that 73.3% said the law should be reformed, mirroring what sex workers in South Korea have been campaigning for ever since the law was introduced. The constitutionality review of the Anti-Sex Trade Law was scheduled to conclude six months after the submission of the request. A year on, however, no decision has been announced and the persecution of sex workers continues.
*These passages are quoted and paraphrased from the English translation of the report. As mentioned above, the term “성매매 (seongmaemae)” can be translated as either “sex trade” or “sex trafficking”. The Ministry of Gender Equality and Family uses the translation “sexual traffic”.
1. Jordan, Ann “The Swedish Law to Criminalize Clients: A failed experiment in social engineering”
2. Dodillet; Östergren “The Swedish Sex Purchase Act: Claimed Success and Documented Effects”
3. Swedish National Police Board – “Trafficking in humanbeings for sexual andother purposes”
4. Lyon, Wendy “Sex trafficking in Sweden, according to the Swedish police”
5. Lehmann, Matthias “Criminalising the payment for sexual services”
6. The Hankyoreh – “Judge seeks constitutional review of law that criminalizes prostitution”
We recently launched a small fundraiser to cover the cost for an important translation job and I am glad to report that we reached 88% of our funding target. The translation was completed on June 30th and all funds were used to pay the translator and an editor we hired to ensure that this very sensitive subject was treated accordingly. In the meantime, we have circulated the Korean version of the article among journalists in South Korea in order to place it in a Korean newspaper, and we will update you once we have further news.
I would like to thank all donors for their generous donations. We actually had a rather small circle of donors but we almost reached our funding target regardless. I was particularly happy that some sex workers supported this cause, too, either by making a donation or by forwarding our fundraiser on their Twitter and Facebook pages.
How important it is to counter claims about sex work made by the media prove the recent events in Germany, where, after a year of biased media reports, the ruling coalition pushed a crude law to fight human trafficking and control brothels through parliament, in spite of recommendations to the contrary by experts of all shades. Thankfully, reason prevailed in Scotland and I hope that our article will contribute to a positive outcome for sex workers in South Korea, too, once the constitutional review of Korea’s Anti-Sex Trade Law by the Korean Supreme Court concludes.
Vor kurzem starteten wir eine kleine Spendenaktion, um eine wichtige Übersetzung zu finanzieren und ich freue mich, mitteilen zu können, dass wir 88% des Spendenziels erreichten. Die Übersetzung wurde am 30. Juni abgeschlossen und alle Spenden wurden verwendet, um die Übersetzerin und eine Lektorin zu bezahlen, um dieses sehr sensible Thema angemessen zu behandeln. Die koreanische Version des Artikels wurde inzwischen an Journalisten in Südkorea weitergeleitet in der Hoffnung, dass der Artikel in einer koreanischen Zeitung veröffentlicht wird. Wir werden ein Update veröffentlichen, sobald wir weitere Neuigkeiten haben.
Ich möchte mich sehr herzlich bei allen Spender*innen für ihre großzügigen Spenden bedanken. Es war insgesamt ein recht kleiner Kreis von Spender*innen, aber wir haben unser Spendenziel dennoch beinahe erreicht. Ich war besonders erfreut, dass auch einige Sexarbeiter*innen unsere Aktion unterstützt haben, sei es mit einer Spende oder damit, unsere Spendenaktion auf ihren Twitter oder Facebook-Seiten zu teilen.
Wie wichtig es ist, Behauptungen der Medien über Sexarbeit etwas entgegenzusetzen, beweisen die kürzlichen Ereignisse in Deutschland, wo die Regierungskoalition nach einem Jahr vieler tendenziöser Medienberichte das “Gesetz zur Bekämpfung des Menschenhandels und Überwachung von Prostitutionsstätten“ durch den Bundestag peitschte, obwohl es von Sachverständigen einhellig abgelehnt worden war. Glücklicherweise hat in Schottland die Vernunft gesiegt, und ich hoffe, dass unser Artikel dazu beitragen wird, dass es ein positives Ergebnis für Sexarbeiter*innen in Südkorea geben wird, sobald die Überprüfung des koreanischen Anti-Prostitutionsgesetzes durch das Verfassungsgericht vollendet ist.
This Saturday, 23rd of March, I will give a presentation at a symposium at Humboldt University of Berlin. The presentation is titled “Sex Crime” or “Sexual Self-Determination”? and deals with prostitution discourses in South Korea and their negative impacts on sex workers.
My presentation will start at 12pm in a session titled “Autonomy and Heteronomy in Sex Work”. The second presenter in this session is Ms. Noémi Katona who will give a presentation titled “Coercion, Money, and Intimacy: Hungarian Sex Workers and their Pimps/Boyfriends at Kurfürstenstraße”. Podcasts of these and other presentations will be made available in April. Please note that all presentations will be held in German only.
“Sex Crime” or “Sexual Self-Determination”?
March 23rd, 2012 – 12.00pm
Festsaal der Humboldt-Universität zu Berlin
Luisenstraße 56, 10117 Berlin
“Hurt Lives – Denied Rights. Human Trafficking in the 21st Century”
Despite heightened public attention to “human trafficking”, the definition of this phenomenon remains difficult and contested. On Friday, March 22nd, and Saturday, March 23rd 2013, the symposium “Hurt Lives – Denied Rights. Human Trafficking in the 21st Century” will take place at the ballroom of the Humboldt-Universität of Berlin at Luisenstraße 56 in Berlin-Mitte. Next to academic and field experts, young researchers will showcase their work in presentations and workshops. The symposium is intended both for a professional audience as well as everyone who is interested to learn more about this subject matter.
Please click here to visit the website of the symposium. (German only)