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.
Giant Girls invites you to the Asia-Pacific Sex Workers’ Rights Forum
Date: Saturday, 28th November 2015
Location: Korean Confederation of Trade Unions (KCTU), 6th Fl. Kyunghyang Daily News Bldg., 22 Jeong-dong, Jung-gu, Seoul, Korea 100-702
Entrance Fee: KRW 10,000
11.00 – 12.00 Film screening of ‘Grace Period’ by Caroline Key & KIM KyungMook (see trailer below)
16.30 – 19.30 Film screening of ‘Red Maria 2’ by Kyung-soon (see interview with Kyung-soon here)
국제앰네스티 ‘성노동전면비범죄화’ 결정을 환영하며 <아시아태평양 성노동자 인권 포럼>을 마련했습니다. 이번 주 28일 토요일 오전 11시 민주노총 금속노조 사무실에서 참가비 1만원으로 진행됩니다. <유예기간>과 <레드 마리아2> 영화 상영과 함께, 스칼렛 얼라이언스(호주), 스와시(일본), 코스와스(대만), 그리고 지지(한국)에서 ‘아시아태평양 지역 성노동자의 인권과 성매매 정책’을 주제로 포럼을 열고자 하니 많은 관심 바랍니다.
[Starts at 36:15] Statement by Lucien Lee, a trans* female sex worker activists from South Korea, in response to Amnesty International’s sex work policy decision,* read out by N’jaila Rhee on episode 61 of This Week in Blackness TWiB! AfterDARK.
“This is Lucien Lee from South Korea. I’m a trans woman and at work, I either put on a strap-on and get behind my male clients or receive their penises in me. I’ve been doing this since November 2012. Sex work has given me hope that one day, I will be able to pay for my sex reassignment surgery and lead a life like any other ordinary lesbian. But as it is in the US, sex work is still criminalised in South Korea. If I ever get caught by the police, the fine or bribe I would have to pay would be too much for me. Recently, somebody reported my website, where I advertise my services to potential sex buyers, to the authorities. I was terrified when I got a message from a police officer. The police have never been there for me, like when I was sexually assaulted by a teenager who couldn’t afford to pay for my services. After the incident, I couldn’t go to the police because he threatened to report me for being a prostitute.
I hate everyone who criminalises my work, lets me get raped, and cockblocks my efforts to be a part of the lesbian sisterhood. I’ve been donating monthly to Amnesty for years, and I was thrilled this organisation that has been advocating for all the people in jail who stood up against mandatory military conscription in both Koreas now speaks in favour of all sex workers. I must say, thank you, Amnesty, for having been so brave all these years. Thank you for helping me to help myself. Thank you for protecting me from being raped again. This is Lucien Lee, a godless Seoulite.”
Sex work stigma
If you read any of the articles published in the days before and after Amnesty International’s decision to support decriminalising sex work, e.g. this one by Luca Stevenson and Agata Dziuban, you are now hopefully aware of the immense stigma sex workers are faced with in their everyday lives, affecting not only them but also their families and friends. To a much lesser degree, the stigma can also affect sex workers’ clients, although at worst, they might be faced with ridicule or ostracism, not violent attacks. However, the stigma might well play a role in why clients are rarely seen sacrificing their anonymity to stand up for the rights of sex workers whose services they enjoy. As a researcher, I don’t feel any tangible impact by the stigma attached to sex work research, but I certainly experience my fair share of verbal abuse. Following the Twitter battle before and after Amnesty’s decision, I’ve updated the above peak meter, which I created a couple of years ago, to include the latest labels others have attached to or hurled at me.
This blog post may appear somewhat self-referential but I would actually like to use the labels, good and bad, as vehicles to point readers to several interesting articles, some of which were written by sex workers, others by researchers, not that the two are mutually exclusive, and yet again others by sex worker-exclusionary radical feminists (SWERFs). Please note that the below is by no means intended to compare my experience to the stigma and its consequences faced by sex workers.
[-10] John / Pimp Apologist
Trying to shame sex workers or sex workers’ rights advocates by labelling them “johns” is very common, although it doesn’t really make much sense. After all, if someone believes that consenting adults should be allowed to buy and sell sexual services, being called a “john”, although buying sex carries its own stigma, is pretty much the same as being called a customer, which is hardly an insult.
A prostitution prohibitionist using the pseudonym Stella Marr once called me a “pimp apologist” before later deleting her comment. Although she set her own blog to “private” after she was outed, you can still read her libellous article “Pimps Posing as Sex Worker Activists” at the “Anti-Porn Feminists”-blog, in which she slanders veteran sex worker activists Maxine Doogan, Norma Jean Almodovar and the late Robyn Few, founders of the Erotic Service Provider Legal, Educational and Research Project (ESPLER), the International Sex Worker Foundation for Art, Culture and Education (ISWFACE), and the Sex Workers Outreach Project USA (SWOP-USA) respectively.
[-30] Pornstitutionist / Useless A**hole / Sexist Propagandist
Francois Tremblay, in his own words a “pessimistic feminazi, radical whackjob and antinatalist”, responded to a blog post of mine with one of his own, in which he labelled me a “pornstitutionist”, a term, as he explained, “for people who oppose abolitionism in prostitution and pornography”. His post “The strange connection between pornstitutionists and lying” is still online. He later added a postscript with the above mentioned expletive.
After I had posted a series of memes to mock the Hollywood celebrities who had gullibly believed the false claims by the Coalition Against Trafficking in Women (CATW) and co-signed a letter to oppose Amnesty‘s draft policy, a self-declared radical feminist tweeted that my memes were “sexist propaganda” and that I should quit insulting women’s intelligence – although my post includes memes mocking male celebrities, too. I wouldn’t usually mock spelling mistakes, but, well…
[-50] Sleazeball etc.
All of these are comments left about me underneath a post at the “Anti-Porn Feminists”-blog. To get an idea about the barrage of abuse that sex workers are regularly faced with, please read the Storify entry #whenantisattack, gathered by a group of current and former sex workers to highlight the silencing, shaming, abuse and insults by those who oppose sex work.
[-70] Pimp / Trafficker
In 2013, an Irish-based tabloid re-posted a video that YouTube had previously removed since it violated its terms and conditions. In the video, an undercover reporter of the tabloid filmed and outed a sex worker without her consent. In the comment thread underneath the video, a troll called me both a pimp and a trafficker. While that video was a particularly extreme example, media reports regularly add to the stigma attached to sex work, which is why in December 2014, four South African organisations jointly published “A guide to respectful reporting and writing on sex work”. An article about the guide was published in Open Democracy‘s excellent series Beyond Trafficking and Slavery. To download the complete guide as PDF please click here.
The term “pimp lobby” is frequently used by sex worker-exclusionary radical feminists (SWERFs) to slander “anyone who advocates anything but the full criminalization of sex work”. Apart from watching the video below, I recommend reading “Hanging out in the Pimp Lobby” by Jemima, “Everything You Need To Know About The Pimp Lobby” by Charlotte Shane, and “I Am the Pimp Lobby” by Jes Richardson.
Perhaps the worst insult I’ve experienced was one during the Amnesty #ICM2015 twitter battle, when a Canadian anti-prostitution activist accused me of using the murder of Swedish sex worker activist Petite Jasmine to further my alleged agenda to legalise “sexual slavery”.
Black + Green Labels
A French sex worker activist once told me I wrote even “more politely than English people”. I believe that any movement needs different types of activism and writing. Some of it needs to be fierce; at other times, it’s better to be diplomatic. I’m always up for creating satirical memes, but in my writing, I prefer to be very diplomatic, although when faced with ideologues like Rhoda Grant or Mary Honeyball, that’s not always possible.
[+30] Idealist / Activist
What an American and a Turkish friend in South Korea called me. Justice Himel from the Ontario Court of Justice found that anti-prostitution activist Melissa Farley had allowed her advocacy to permeate her opinions. Although Farley’s work has been frequently discredited, anti-prostitution activists continue to cite her in support of sweeping claims about sex work, just as the notorious Cho/Dreher/Neumayer study is constantly rolled out to back up the argument that legalising sex work leads to greater human trafficking inflows, despite the seriously flawed data used to make that argument. I believe on both sides of the divide, it’s sometimes difficult to remain detached when people close to oneself experience violent abuse. When it comes to activism for the rights of sex workers, I believe it’s important to acknowledge what you don’t know and stay clear of problematic arguments. And that’s true regardless of whether you are a sex worker, a researcher, a journalist, an artist, a writer, or any combination of these.
[+50] Sex Worker Ally / Great Partner
[+70] Fabulous / Friend
What the above mentioned French and a South Korean sex worker activist have called me.
My preferred way of dealing with SWERF attacks is to create memes and share them with the #sexwork community or respond with counter evidence to the most ludicrous claims, like the one about sex workers’ rights advocates allegedly living in a land of milk and honey, when actually, it’s faux anti-trafficking organisations who rake in the dough.
Should you experience verbal abuse because you publicly stated your support for policies to safeguard sex workers’ human rights, try not to let it get to you. As American comedian W.C. Fields once put it, “it ain’t what they call you, it’s what you answer to”.
Amnesty International supports the human rights of sex workers and calls for the decriminalisation of sex work
Please click here to view the German original.
At the conclusion of its International Council Meeting in Dublin on August 11th, 2015, Amnesty International voted to henceforward support sex workers’ human rights and call for the decriminalisation of sex work.
Voice4Sexworkers, an NGO by and for sex workers, welcomes the long overdue decision by Amnesty International, as the global sex workers’ rights movement has demanded the very same since decades already.
In Germany, for instance, abolishing the pimping law [§181a of the German Criminal Code] was already suggested in 1973, since labour exploitation and taking advantage of the plight of third parties are already prohibited in accordance with the human trafficking law [§233 of the Criminal Code].*
People who work in the sex trade are not helped by destroying its logistics and…
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