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.
[Video in German] “Sex Crime” or “Sexual Self-Determination”? Prostitution discourses in South Korea
In May 2013, leading German news magazine DER SPIEGEL published a cover story on the alleged failure of the German prostitution law which, according to DER SPIEGEL, rendered the State complicit in human trafficking. Contrary to South Korea, prostitution is legal in Germany, though it is heavily regulated in most municipalities.
Since its publication, the SPIEGEL article has been quoted by campaigners for the criminalisation of prostitution in many parts of the world. Most recently, Mary Honeyball, a member of the European Parliament for the British Labour Party, cited the article as evidence in her “Report on sexual exploitation and prostitution and its impact on gender equality”. The Honeyball Report was subsequently voted upon in the European Parliament, despite strong opposition from 560 NGOs as well as 94 academics and researchers who published a counter-report exposing the inaccurate and misrepresentative data used by Mary Honeyball.
Notwithstanding, a majority of MEPs backed the report, which was adopted as a non-binding resolution, thus formally establishing the EU’s stance on prostitution as being in support of the ‘Swedish Model’ that criminalises the buyers of sexual services.
Back in June 2013, Sonja Dolinsek and Matthias Lehmann had published a critique of the SPIEGEL article, which they found to be deeply flawed and failing to address numerous relevant aspects of human trafficking prevention and prosecution, including victim protection.
Noticing that the SPIEGEL article had found its way into the Korean news media, Research Project Korea launched a small fundraiser to have the critique translated into Korean. Nearly 90% of the funding target were reached quickly and the translation was completed at the end of June. The real challenge, however, was just beginning.
The plan to place the translated article in a Korean newspaper proved to be extremely difficult. Many editorial staff didn’t even bother to reply, but eventually, one of the biggest dailies expressed interest. The editorial department even planned to expand the article to include comments from sex workers and feminist academics. After protracted correspondence – months would literally pass by until the research team received new responses – it then suddenly transpired via a contact that the article wouldn’t be published after all. A journalist from the newspaper later confirmed this, without giving any reasons.
Although a lot of time has passed, we have now decided to self-publish the article, since the constitutional review of the Anti-Sex Trade Law in South Korea has still not concluded; a second reason is the significance the SPIEGEL article appears to retain for prostitution law discourses, especially outside Germany, where, long after the print edition has been recycled, it finds acceptance as unrefuted truth and continues to be utilised by anti-prostitution activists. It is currently disseminated on Korean online forums to insert some much-needed factual evidence into prostitution discourses in South Korea.
To view the Korean version of our article, please click here.
The research team would like to express its deepest gratitude to the generous donors who helped fund the translation as well as to the translators, Miss CHO Woori, Miss SONG Byol and [Anonymous].
In late May, leading German news magazine DER SPIEGEL published a cover story – now published in English – on the alleged failure of the German prostitution law, which rendered the State complicit in human trafficking. The deeply flawed report failed, however, to address numerous relevant aspects of human trafficking prevention and prosecution, including victim protection. It also failed to insert much needed factual evidence into the broader global debate on human trafficking, which is also about labor rights, migration, sustainable supply chains and human rights. DER SPIEGEL thus contributed to a very narrow debate on human trafficking and to the wrong debate around sex work.
Feminist Ire, “Not your fluffy feminism”, kindly published an article by Sonja Dolinsek and myself, which critically engages with the international community on the difficult relationship between trafficking and sex work. Please click here to read the article.
The above image (click to enlarge) is not an actual SPIEGEL cover. The red umbrella is the symbol of the sex workers’ rights movement. Click here for more information. Image: Matthias Lehmann