Gender, Sex and Politics in Korea: What the Saenuri Party really meant by "Prepared Woman President"

The Park Administration response to the Sewol sinking was absolutely inadequate. Protests and hunger strikes to demand accountability and preventative measures continue to grow five months after over 300 people, mostly students on a field trip, lost their lives.

A family assembles to demand a "safe world for my son."

Apparently some politicians demanding a transparent report on the Presidents' response have been gossiping and speculating on her sex life. Opposition lawmaker Sul Hoon referenced (and dismissed) rumors that President Park was engaging in a "tryst" during a 7 hour period during the tragic Sewol sinking.

President Park participates in mourning the deceased. 

“What did [President Park] do for those seven hours at the Blue House?” Sul asked. “I don’t think it’s true what people are saying about her having a tryst. I think that’s probably not it.”

The resulting political controversy has centered on demands that Sul resign and whether his words were intended to malign the President or to dismiss the rumors. Lost in this discussion is the sexism that the majority party is also leveling at President Park.

While Sul's accounting of the rumors demonstrate a sexist tendency to focus on the unmarried female President's leadership, they also highlight a sense of betrayal and mistrust. The gossip centers on what might have kept the President preoccupied specifically for the 7 hour period during the Sewol sinking.

On the other hand, Saenuri party spokesperson Park Dae-chul's statement blurs President Park's public office and private sex life, and are not limited to a discussion of the Sewol sinking, but extend to a general comment about women's sexuality:

“It’s troubling to think what might happen if there are rumors about ‘the President of the Republic of Korea having a tryst’ going around,” Park added. “The Saenuri Party intends to examine a possible complaint against Sul Hoon to the National Assembly Ethics Committee.”

What might happen?

By emphasizing the "Republic of Korea" in his statement, perhaps spokesman Park calls upon tried and tested fear of Korean womens' bodies and sexuality and the national image. He asks, how might Korea look to other nations?

Is the Saenuri Party particularly sensitive to North Korea state media describing President Park as a "crafty prostitute" in thrall to her "pimp" Barack Obama?" Or is Saenuri still unclear what they meant by the election campaign slogan "Prepared Woman President?" The party cultivates an image of a woman's body and sexuality sacrificed as the "mother of the Korean state" and in control in contrast to the womens' bodies the state aggressively polices and regulates.  

Campaign Slogan: Prepared Woman President

Sources:
Hankyoreh, Opposition lawmaker causes firestorm by referring to president’s “tryst”
Posted on : Sep.13,2014 14:15 KST  http://english.hani.co.kr/arti/english_edition/e_national/655017.html

Attend my talk on Korea's Sex Trafficking Prevention Act, International Norms & Local Legal Rhetoric

I will present a part of my research this Friday afternoon at the International Studies Academic Conference hosted by Yonsei University. The event will run from 1PM to 6PM in New Millenium Hall Room 101. I think I may be the last speaker on the second panel in the flyer below (after 3:30PM presumably). Just FYI, venue is located closer to the Ehwa University back entrance bus stop although you can enjoy the walk through the campus from the Yonsei front gate if you'd like. Hope to see some familiar faces in the audience~

RSVP and find event details at https://www.facebook.com/events/632909236786624/

Extended Rebuttal: Inflated Assumption that Sex Workers in Korea Earn “higher than the average Korean”

Here at Korea Gender Café we attempt to present information, data and translations that add to discussion of gender issues in Korean society because we hope to spur discussion. 

Yesterday we submitted a rebuttal piece to koreaBANG’stranslation “Disbelief as Korea is Ranked 108th in Global Gender Equality” that broke down a few methodological flaws in Dr. Kang’s data analysis. Due to space constraints we were unable to respond point-by-point to many of his opinionated assertions. In this post we’d like to zero in on one of the problematic opinions and attitudes he brought into the debate about gender inequality: that the exclusion of the sex industry from workforce participation data inflates the inequality between men and women.

Kang writes,

“Does the misinterpreted data about socioeconomic discrimination in fact imply discrimination against men? 

There are also many problems with the data commonly used to claim sexualdiscrimination against women within Korea. The popular story is that women arebeing discriminated against, as shown by the big gender gap in employment rateand income. However, we need to take a closer look. In fact, the gender gap in employment rate and income is exaggerated in Korea.Among OECD countries, only Korea and Slovenia have made the sex trade completely illegal. MOGEF estimated that there might be 140~270k or a higher number of female sex workers in Korea. Sex workers who earn more than the average worker are exempted from the Korean income statistics while othercountries include them. This partly contributes to the income gap that appearswider on paper than it really is. 

Do they turn a blind eye to this for the sexual discrimination claims?” 

In our submission to koreaBANG we began to respond:

“Dr.Kang points out human rights violations against women in other countries, butwe can point to sexual violence and human rights violations in every country.That is not the purpose of these indices. We agree that it is problematic thatgender inequality indexes do not adequately reflect violence against women orsexual violence. We disagree with Dr. Kang’s outward looking criticism andencourage discussion of sexual violence in Korea.” 

To elaborate, if we want to discuss human rights violations in South Korea, we could pay close attention to the upcoming Constitution Court ruling on the 2004 Act to Prevent Sex Trafficking and Prohibit Prostitution.

First, sex work is omitted from income statistics, as is drug trade, gang/mafia membership and other illegal industries in which we may find both women and men employed. Rather than claiming that its exclusion is an conspiracy to "turn a blind eye" and that it implies "discrimination against men" we find this to be a more persuasive explanation. 

Second, this assumption that sex work earns high incomes likely ignores workplace conditions, rental fees, the lack of pension, income inconsistencies, associated costs, and may obscure all those that profit from the work by taking a portion of fees, etc. 

Third, Dr. Kang does not tell us how many men are employed as sex workers, but some could argue that purchasing the right to sexual use of another’s body in a sex industry with “140~270k or a higher number of female sex workers” in and of itself could be indicative of gender inequality. If the working population is that high while the working population is low in other industries, it suggests there is a segregation of women into a few industries.  

Fourth, others could argue that Dr. Kang ignores men employed in the sex industry or who act as employers of female sex workers. Meanwhile MBN News contributes a stigmatizing tone toward LGBTQ sex workers. 

But what we would really like to argue about -- and the reason we highly anticipate the above mentioned Constitutional Court ruling -- is the persistent social stigmatization of sex workers and violation of sex worker's human rights in police crackdown and incarceration.

First, Dr. Kang never mentions that male clients are only sometimes sent to “John school” while female sex workers pay steep fines and face up to 2 years of mandatory re-education or prison. This is one more example of gender inequality in sentencing. Dr. Kang doesn’t highlight those aspects of policy that actually exist, and he presents no evidence to support his assertions.

Second, sex workers in Korea report serious human rights violations as a consequence of the current legal regime. Sex workers report swallowing condoms because simply walking with a condom is used by the police as evidence against a sex worker. The safety and health implications are rather obvious, but we urge you to read the UNDP report "Sex Work and the Law in Asia and the Pacific: Laws, HIV and human rights in the context of sex work."[1]

Third, heavy stigmatization of females in the sex industry means that even if there were not criminal penalties, gender inequality in sentencing and health perils associated with an aggressive police crackdown, workers are marginalized socially. We highly recommend Katherine Moon’s research for further reading on the history of segregated sex workers near military bases.[2] 

My ongoing research examines the relationship between the 2004 law, court sentencing and gender in Korean society. In the coming months and after publication, I look forward to sharing additional information with our readers. In the meantime, we highly recommend reading posts by sex worker’s rights NGO Giant Girls, 성노동 이론 봇 and Research Project Korea for news. 

For further reading:

Giant Girls, Grant Application, Global Fund for Women, 2010. https://grants.globalfundforwomen.org/GFWSearch/index.php?id=30551

한상희, 건국대 교수, 헌법. “성매매방지법과 여성인권” 민주법학 제30호, 2006.

최우리 기자, "당신이 굳게 믿는 그것이 진리일까," 한겨레,  2012.12.01. http://media.daum.net/society/newsview?newsid=20121201111004557

Cheng, Sealing. “Rethinking “Human Trafficking”: Reflections from South Korea” in Woodrow Wilson International Center for Scholars, MIDDLE EAST PROGRAM & UNITED STATES STUDIES, OCCASIONAL PAPER SERIES, Rethinking Human “Trafficking,” SUMMER 2010.

Godwin, John. "Sex Work and the Law in Asia and the Pacific: Laws, HIV and human rights in the context of sex work." United Nations Development Programme, Oct 2012, p. 112. http://asia-pacific.undp.org/

Kim, Ji Hye. Korea’s New Prostitution Policy: Overcoming Challenges to Effectuate the Legislature’s Intent to Protect Prostitutes from Abuse. Pacific Rim Law & Policy Journal Association, 2007

Moon, Katherine. Military Prostitution and the U.S. Military in Asia, The Asia-Pacific Journal; Japan Focus, Jan 17, 2009.

Weiss, Ayla. Ten Years of Fighting Trafficking: Critiquing the Trafficking in Persons Report through the Case of South Korea, Asian-Pacific Law & Policy Journal [Vol. 13:2, 2012].

[1] Godwin, John. "Sex Work and the Law in Asia and the Pacific: Laws, HIV and human rights in the context of sex work." United Nations Development Programme, Oct 2012, p. 112. http://asia-pacific.undp.org/

[2] Moon, Katherine. Military Prostitution and the U.S. Military in Asia, The Asia-Pacific Journal; Japan Focus, Jan 17, 2009.

Violence Against Womyn Discussion, Seoul, Sept 8, 5-8PM

KGC is re-posting information about an event in Seoul this weekend called "Disruptive Womyn: Violence Against Womyn" hosted by Disruptive Voices at Bar Carmen in Noksapyeong near Itaewon. Please share widely. Information from the hosts below in English and Korean: 

This event will be open to womyn, due to the subject matter~ 

 

Noksapyeong Bar Carmen

Sunday, September 8, 2013

Time 5:00pm until 8:00pm

This will be the first talk and gathering for the Disruptive Voices community. 

Violence against womyn is more common than it is rare, and many womyn share similar battles and stories where they have been victim to, are surviving from, influenced by, subjected to, and/or know of someone who has a story. 

We are going to focus on sharing our experiences, empowering one another~ and finding ways where we can support and bring one another forward. 

For such a "common" issue, voices are muffled and stories silenced...

You are not required to share your story, if you want to listen or just be, you are welcome. 

RSVP: https://www.facebook.com/events/456692321105053/
This event will be open to womyn, due to the subject matter~

일요일 9월 8일에 바Carmen에서 5시부터 8시까지 모임에 오세요:

Disruptive Voices 단체의 첫 모임에 여러분을 환영합니다.
여성에 대한 학대는 다양한 모습으로 우리 사회에 존재하며 결코 흔치 않은 현상이 아닙니다. 수 많은 여성들이 학대로 인하여 피해를 받아왔으며 그로 인해 아직도 힘들어 하며 지내는 분들이 많습니다.
우리는 여자들만을 위한 공간을 마련했습니다. 같은 여자로서 다른 여성분들의 삶의 이야기도 듣고 본인이 말하고 싶었던 사회적 이슈 등을 자유롭게 말할 수 있는 기회이자 새로운 친구를 알아갈 수 있는 좋은 모임입니다. 
오셔서 다른 여성분들의 이야기만 들으셔도 좋습니다. 여성들만을 위한 안전한 공간에서 차와 술 한잔 하시면서 서로 알아가도록 합시다.

질문, RSVP, 등: https://www.facebook.com/events/456692321105053/

Map: 

Busan Slutwalk, Sat Aug 31, 6-7PM, hosted by Don't Do That

Don't Do That Campaign welcomes you to participate in a slut walk

I had a great chat today with organizers of Don't Do That (성범죄인식개선캠페인 돈두댓), a campaign to change mindsets about sex crimes. The group is organizing a slut walk campaign in Busan and Seoul. I translated the information below and hope that readers will share it widely. 

Don't Do That Campaign is a voluntary group that comes together to raise awareness about sex crimes. Their site offers a lot of information and is a great resource.

Event in Busan:

On Saturday, August 31, 2013, 6PM ~7PM there will be a slutwalk hosted by the Don't Do That (성범죄인식개선캠페인 돈두댓) Busan Team.

The walk will take place near Bujeon-dong, Seomyeon Subway Station (Line 1 & 2), Exit 1.

Participants will meet at the ally next to Judies Taehwa and march toward Lotte Department store. Please see the map below and spread the word~

For additional information about this event, please contact organizers via KakaoTalk ID jinamarna or via Facebook.

Updated Note to Participants: It seems that the organizers of Don't Do ask that you prepare some appropriate picket signs and it seems like they have some suggestions about clothing: wearing hot pants or short dresses or T-shirts exposing the belly button, even wearing dressdown/business casual is fine. Inquires can be directed to the contact info above *^^* 
Original text: "적당한 노출이 있는 옷차림과 개인 피켓을 준비하시면 되요^^ 옷은 핫팬츠나 짧은 원피스, 배꼽이 드러나는 티셔츠등을 입기도 하고 자유복장도 괜찮아요^^ "

Here is a little map I made of the area in Busan where the slut walk will take place:

This is an image I found of Judies Taehwa storefront, participants will meet nearby at 6PM:

For more information about Don't do that (성범죄인식개선캠페인 돈두댓) please check them out on Facebook, Twitter, and Daum Café. 

Please share the flyers below. 

Busan readers, if you attend the event, I would really love to hear about it~ I wish I could make it out this time, but I can’t. Please share this event and support the cause. 

Readers in Seoul, I will be sure to provide similar translation/map when I hear from the Don’t Do That Seoul Team.

Another group that may interest readers is Slutwalk Korea. Slutwalk Korea organized the first slutwalk movement in Asia in early 2011. They launched a number of events in global solidarity with the slutwalks that started in Toronto and all over the world that year. They have also hosted global solidarity events for Pussy Riot and on March 8, 2013 for International Women's Day. They have a great Twitter feed and regularly post information related to sexual violence or slutwalk-type events in Korea ( I learned about Don't Do That from a Slutwalk Korea Twitter post).  

So-called "Reverse Sexism" in Korea 소위 ‘역차별’

**

In this post I want to discuss the claims of “reverse sexism” or victimization of men made by two blogs in response to recent Korean laws designed to prevent sexual abuse or promote gender equality. This is not to say that men cannot be abused, but according to groups like Man of Korea (남성연대described here) and the site formerly known as Boslachi (보슬아치 사이트) which is now called Men’s Korea (맨즈코리아 described here) Korean men suffer from “reverse discrimination” based on gender as a result of these and other laws. The argument stems from the establishment of ministries and laws to rectify historic gender discrimination, prevent sexual violence, and address social and political inequalities that subordinated women's human rights. Last November, Eri Kim wrote a powerful piece rebutting the supposed “over-empowerment”of women in Korean society. Eri Kim asks, why a group of men keep referring toprograms for women’s rights as “reverse sexism.” I don't think that designing such policies is 'reverse discrimination' against men because: 1) they do not strip men of their human rights, but rather enforce women's human rights, 2) they are enacted to bring about gender equality, 3) 'reverse' implies that men do not enjoy social and political privileges, but they still do (please see The Grand Narrative for a discussion on women's workforce participation here and here for starters), 4) this is a much weaker argument, but the vast majority of politicians and judges presiding over Korean law are men, and finally 5) women do not occupy a hierarchically superior position to structurally discriminate against men in the way that women have been recipients of discrimination in the past. 

여기서  소위 ‘역차별’과 남성들의 성폭력예방법의‘피해자’라는 인식에 대해 얘기하고싶다. 지난 11월에 김에리씨의 기사가 인상적인 이야기로 남성연대나 보슬아치사이트의 ‘소위 여성들이 월권행위를 한다는인식을 잘 반박했다. 김에리가 “왜 유독 일부 한국 남성들은 이 같은 상황에서도 ‘역차별’ 생떼를 쓰는 것일까”냐고 했다.

The first issue I would like to discuss is the Korea Men’s Union’s attitude toward the regulation of the sex industry (I previouslyposted about their attitude toward sexual harassment here). The group opposes the current legal regime that attempts to address sex trafficking. Recently the Court system upheld a case protecting the rights of a minor in a coerced sex scenario, under the sex trafficking prevention and youth protection laws. In the September 9, 2010 ruling, the Supreme Court found that:

 “A (male) and B (male) approach a pregnant runaway 16-year-old teen C (female) and tell her that they will help find a way for her to earn enough money for abortion. B then solicits C to take takes naked photo shots and then forces C to sign a contract for sex. In the meantime, A gets arrested for an unrelated crime and is sent to a prison. In addition, B, C, and A’s wife split the money earned by procuring and coercing C to have sex with at least 12 customers. The court rules that even though A was physically absent, he still is guilty because he did not prevent his partner from coercing the teen to have sex or take photos.”

첫째로 남성연대의 성산업의 규제에 대한 인식을 비판하려고 한다. 남성연대가 성매매특별법을 반대하고 있다. 최근에 대법원의 판례중에서는 십대소녀가 성행위를 하도록 강요했던 악덕 포주들을 성매매특별법으로 처벌하여 그 여성의 인권을 보호했다. 대법원 2010.09.09 선고 2010도6924 판결에 따르면,

“갑이 을과 공모하여 가출 청소년 병(여, 16세)에게 낙태수술비를 벌도록 해 주겠다고 유인하였고, 을로 하여금 병의 성매매 홍보용 나체사진을 찍도록 하였으며, 병이 중도에 약속을 어길 경우 민형사상 책임을 진다는 각서를 작성하도록 한 후, 자신이 별건으로 체포되어 구치소에 수감 중인 동안 병이 을의 관리 아래 12회에 걸쳐 불특정 다수 남성의 성매수 행위의 상대방이 된 대가로 받은 돈을 병, 을 및 갑의 처 등이 나누어 사용한 사안에서, 병의 성매매 기간 동안 갑이 수감되어 있었다 하더라도 위 갑은 을과 함께 미성년자유인죄, 구 청소년의 성보호에 관한 법률(2009. 6. 9. 법률 제9765호 아동•청소년의 성보호에 관한 법률로 전부 개정되기 전의 것) 위반죄의 책임을 진다고 한 원심판단을 수긍한 사례.”

The Korea Man Union opposes the laws because they are worried about their personal interest, insofar as they do not want to be criminalized for buying sex. However, they do not express much concern for sex workers human rights and working conditions, nor for the prevention of sex trafficking or for minors trafficked into the sex industry. Although the Law is not perfect (which we discuss here) rather than focusing on so-called ‘men’s rights’ the group should realize they share common interests with women in Korean society. The Korea Man Union should more carefully consider the social and legal conditions for sex workers in Korean society.

남성연대의 성매매특별법을 반대하는 이유는 개인적인 이익을 위한 성구매로 불법 형사처벌를 받고싶지 않기때문이다. 그들은 인신매매된 사람들과 십대소녀들의 인권에대해 별다른 우려를  표명하지 않는다. 성매매특별법은 완벽하진 않지만 ‘소위 남성의 권리’에 주력하지 않고 한국사회에서 남자들과 여성들 사이에 공동 이익을 위하여 함께 도움이 될 수 있는 방향을 지향하는 법이다. 남성연대가 인신매매, 여성인권과 성노동자의 법적인 사회지위에 대하여 더 신중히 문제를 고찰해야한다. 

Secondly, I will discuss ‘everyday sexism’ by some men and women in society. For example, some men  complain about reverse sexism these days but they do not understand what it is to be a woman in society.

둘째, 사회의 ‘일상 성차별’ 에 대해 얘기해보자. 예를 들면 몇몇 남성들은 ‘역차별’에 대해 불평하면서 여성들의 ‘일상 생활에서 겪게 되는 성차별을’ 이해하지 못하는 것 같다.

Sometimes when my close (usually) male friends get upset about the laws designed to prevent sex crimes, they say that are all men are treated as ‘potential criminals’ by the law. I get very frustrated because if those men really want to change society and do something about rape culture (which contributes to the threat and fear of sexual violence), first they might consider carefully voting for sound political platforms and politicians that will pursue policies to end violence, or they should take everyday action to criticize other men's sexist language and discriminatory actions toward women, obviously they themselves must not rape and should learn how to prevent rape (by learning about rape culture, for example), and they should think about gender issues.

주변 남성들에 따르면 그들은 항상 자신들을 예비 성범죄로 보는 시선에  불편하다고 얘기를 하며, 이는 나를 화가 조금 나게 한다. 남성들에 대한 불편한 시선에 사회적 인식변화를 만들려면  우리는 성범죄 혹은 성차별에 대한 올바른 인식을 가진 정치가들을 선출하여 모두가 인정할 수 있는 법을 만들어야한다. 또한 일부 남성들은 그릇된 성의식을 가지고 여성을 비하하거나 성차별하는 행동들을 개선해나가는 노력이 필요하다. 물론 성폭행은 일어나지 말아야한다.  그들은 젠더 이슈에 대해 생각해야 한다고 생각한다.

Finally, due to high incidence of rape, victim-blaming and social acceptance of the conditions that promote or permit rape we can say that Korea has a rape culture (which is criticized by SlutWalk Korea 잡년행동_슬럿워크 here and on Twitter @SlutWalkKorea ). Sometimes when news of a rape or sexual crime comes out these male friends may think that they do not have to bother to care about these issues, instead they complain that they are looked at by women around them as if they are potential sex offenders. But, in that case they should first think about the purpose of the law to protect women and children from crime, and carefully consider the anxiety that women and children experience everyday in society. In addition, if they really want to see a change they should get involved in elections and in demanding a widespread change in our rape culture society. 

결론으로 성폭력을 방관하는 현상은 사회적으로 성폭력행위를 안일하게 생각하는 행위때문이다.어떤 남성들은 뉴스에 나오는 성범죄 사건들이 자신과는 상관없는 일이라고 하며 그 사건에 관심이 없지만 몇몇 남성들을 예비 성범죄자로 보는 시선을 불만느낀다고한다. 하지만 이런 사건들로 인해 불안해 떨고있는 여성들과 어린이들의 입장을 생각한다면 그들을 어떻게 보호해야하는가를 먼저 생각하는게 중요하다고 생각한다. 또한 이러한  문제를 개선하고 싶다면 선거에 참여하여 공정한 의식을 가진 정당을 뽑아  우리 사회의 ‘성폭력 방관현상’의 금지 요구해야한다고 생각한다. 

Court Case Referenced:

대법원 2010.09.09 선고 2010도6924 판결 【사기·청소년의성보호에관한법률위반(강요행위등)·청소년의성보호에관한법률위반(청소년이용음란물제작·배포등)·미성년자유인·절도·공문서부정행사】 [공2010하,1960]

*About the image: This image was found as part of a series titled 남녀 역차별 posted on 2009/08/12 by VertiGo. This particular image was captioned 여자가 남자때리면 용감하다 or "If a woman hits a man she is brave."

Sex Workers' Human Rights in Korea

We previously discussed Korea's sex industry at Should government License Prostitution?

Sex Workers' Human Rights in Korea

I. 2004 Special Law on Prostitution Pending Supreme Court Review

I am very very excited that a case will be reviewed by the Supreme Court to determine whether the 2004 Special Law violates sex workers' human rights.

Foremost, I am excited that sex workers’ human rights are under consideration and particularly Judge Oh Won-chan's arguments: 

“We don’t punish a woman acting as a concubine or a wife for hire,” Oh said. “In this regard, the law could violate people’s basic rights.” Oh also questioned the effectiveness of the law, saying authorities should focus on punishing brothel owners and pimps exploiting prostitutes.” 

Speaking to that exploitation and abuse, several sex workers voice their challenge to the current legal regime through testimony provided in the following excerpts:

“I cannot file a police report even when customers beat me up for fear of facing punishment of my own.” 

“Men who buy sex get away with a few hours of lectures while we have to swallow condoms when the police arrive on the scene. The special law on sex trade pushes us into corners.” 

Professor Sealing Cheng has written several persuasive accounts analyzing the law, a few key points quoted below:

“The Korean Women’s Associations United (KWAU), the largest umbrella organization of women’s groups, mobilized public support for reforms to eliminate prostitution—which was equated with sex trafficking.” 

As a result, reporting and social discourse about sex trafficking and sex work obscure the problems lingering in South Korean police enforcement of the law to prevent sex trafficking and support victims: 

“raids are now reported in the media and by the National Police Agency as raids on “venues that violate women’s human rights” without mentioning the fact that women found in these venues are often charged with the crime of prostitution. A separate report by the National Police Agency, however, stated that by the end of 2009, there were 1,779 middle or high school girls in Seoul officially recorded as having fled from their homes. Of these, 175, or 9.8 percent, were apprehended for prostitution charges. Meanwhile, even though the laws were introduced to tackle the problem of trafficking into prostitution (Article 18.3.3), a 2008 report by the Korean Women’s Development Institute found that not a single case of prosecution took place under this provision. The majority of the cases (91.7 percent) were prosecuted for procuring prostitution, with only 1.9 percent prosecuted for coercion into prostitution.” 

Thus, the law designed to respond to international norms condemning Korea’s inaction on sex trafficking ultimately results in vigilant policing of sex workers. 

II. Rhetoric that I hope the Supreme Court will not Adopt

- I hope the Supreme Court takes a step away from recent precedents implying that all people engaged in the sex industry are ‘victims’ which was previously pushed by the Korea Women’s Association United. The law and media reports obscure sex workers agency by conflating trafficking and sex work. Whether or not the Supreme Court rules in favor of sex workers’ human rights in the pending case, the ‘victim’ language ignores sex worker's agency. The law also overlooks the ways in which criminalizing the sale of sex effectively prohibits sex workers from accessing their rights when they cannot turn to the police in cases of rape or abuse.  

- I don’t want to see rhetoric that poses sex work as a ‘solution’ to a state-obligation, or that treats sex like something that men are 'entitled' to while stigmatizing women. For example, last year former senior police officer turned Professor Kim Kang-ja argued that, 

“there are members of society for whom it is difficult to find partners, such as the disabled, illegal immigrants and widowers. Society needs to address the needs of these individuals by allowing prostitution in restricted areas” 

but I find this rhetoric as well as other contemporary examples of gendered policies such as the regulation of migrant marriage, social welfare for homeless women have demonstrated troubling outcomes. This rhetoric also reminds me of the Park Chung-hee era policies regulating sex workers and unofficially deputizing them as cultural ambassadors on behalf of the state and obligating them to negotiate international and racial conflicts in military camp towns, as pointed out by Professor Katherine Moon in Sex Among Allies: 

“governmental and non-governmental elites use different classes and groups of individuals to pursue the ‘national interest’… class, local culture, and race interfere with a particular foreign policy issue and the interests and capabilities of governments. The key is to pinpoint which women at what time and in what gendered way are identified with the politics of a foreign policy issue.”  

- I would hate to see a reiteration of past (and recent) Court rhetoric that frames sex work as a “violation of the social fabric” while ignoring the social and economic realities in contemporary Korea that violate citizens’ rights and imperil their lives. In 2004 and again in 2011 the lower courts revived the ‘social fabric’ argument and in 2006 demeaned sex workers directly by calling their work “an obscene and shameful lowly occupation.”

III. Hoping for New Perspectives on Sex Work

- Perhaps the Supreme Court might take a moment to acknowledge that not only women are sex workers.

- It would be great if the Supreme Court affirmed sex workers human rights, and possibly paved the way for access to health care and other social services citizens and workers currently access without discrimination.

- It would be fantastic to see the Supreme Court give an honest appraisal of the real role and value of sex work in Korean society. Like Judge Oh Won-chan, the Court has an opportunity to take steps to decrease the stigmatization of sex workers. 

IV. Call for Dialog

I also have a personal and scholarly interest in the issue and I have spent the last year researching court cases. It is my opinion that the social conditions, the discriminatory police crackdown, and the enforcement of penalties in the law do violate human rights. But, I am not a Supreme Court judge, so I wait with fingers crossed hoping to hear that a new law will adequately protect all human rights concerned – the rights of sex workers and protections against sex trafficking – which is at best, problematic, in the current law. I will be following this case and also hope to publish a paper on the topic. I would love dialog with others interested in the issue and welcome your comments. 

References

Publications cited:
Cheng, Sealing. “Rethinking “Human Trafficking”: Reflections from South Korea” in Woodrow Wilson International Center for Scholars, MIDDLE EAST PROGRAM & UNITED STATES STUDIES, OCCASIONAL PAPER SERIES, Rethinking Human “Trafficking,” SUMMER 2010.

Moon, Katherine H.S. Sex Among Allies: Military Prostitution in U.S.-Korea Relations, 1997.

Relevant Korean Supreme Court Cases:
대법원 2004.09.03 선고 2004다27488 2004다27495 판결 【가불금•손해배상(기)】 [공2004.10.15.(212), 1650]  
대법원 2011.10.13. 선고 2011도7081 판결
【폭력행위등처벌에관한법률위반(공동공갈)•업무방해•폭력행위등처벌에관한법률위반(단체등의구성•활동)•폭력행위등처벌에관한법률위반(집단•흉기등감금)•협박】 [공2011하,2402] 
대법원 2011.10.13. 선고 2011도7081 판결 
【폭력행위등처벌에관한법률위반(공동공갈)•업무방해•폭력행위등처벌에관한법률위반(단체등의구성•활동)•폭력행위등처벌에관한법률위반(집단•흉기등감금)•협박】 [공2011하,2402]

Korean media in English:
Prostitution vs. women's rights
Confession of a prostitute
Judge seeks constitutional review of law that criminalizes prostitution
Is sex trade really illegal?
Korean media in Korean:
'성매매여성 처벌 조항' 처음으로 위헌 심판대 올라
법원, '성매매 여성 처벌 조항' 첫 위헌심판 제청
'성매매 여성 처벌법' 위헌 제청
[성매매특별법 8년]'음지의 性' 더 키웠다…자활-법률지원 절실
불꺼진 단속 … 또 불붙은 성매매 -성매매 특별법 시행 7년 …키스방•호스트바 등 음성적 영업 신•변종 업소'활개'
성인간 합의된 성관계 처벌 지나쳐 vs 性상품화 용납 못해
"성매매특별법, 개인 자기결정권·여성 평등권 침해"
성매매특별법, 위헌 심판대 올랐다