We aim to initiate discussions between Koreans and foreigners about gender in Korean society. 한국인과 외국인에 대한도 한국사회의 젠더이슈에 대해 블로그를 이야기를 하려합니다.
2.25.2013
"Little Mom" Program in Gwangju: Stigma or Support?
The Hankyoreh reports this week on so-called “little moms” or unwed parent families. Read the Hankyoreh article here: Gwangju city government assisting young, unmarried parents
I want to appreciate that the Gwangju government has initiated programs to support unwed mothers. However, I am not a fan of the nicknames and terms attributed to the program, such as “little moms” or “little parents” because although having children between the ages of 18 to 24, these parents are adults and responsible for childrearing. The term ‘little’ seems to minimize their parenthood at a time when much work is being done by groups to combat stigmatization of unwed parents and to promote economic and educational opportunities to increase their participation in the workforce. Further, this program incorporates a mentoring initiative, and I am concerned that the "little moms" might face discrimination and disrepect from the authority vested in these mentors who are 'of the right age and personality to serve as a mother figure' to the 'young mothers' and encouraged to teach them about parenting. The rhetoric here already sounds problematic and stigmatizing against 'young' mothers.
In Gwangju the Community Chest of Korea “plans to offer around US$100 worth of baby products such as powdered milk and diapers each month to 20 selected households” but I wonder if this is sufficient to meet the needs of families, since no statistic was provided in the article. The article claimed that “no surveys on so-called "little mom families" have been conducted in South Korea” but that is just on-face false, haven’t they seen the surveys at KUMSN or couldn’t the Hankyoreh be bothered to do a lit review of family welfare and sociology departments at any of the national universities (like the survey we will cite below)? Maybe if they expanded their search terms beyond “little mom” to “unwed parent” they would have had some results to report.
Finally, the article reports that in addition to providing powdered milk and diapers to 20 familes, “the district also plans to provide emotional support to young families. Because many young parents in South Korea avoid public activity out of shame, instructors will be visiting families to provide parenting education, with psychological testing also made available as needed in partnership with private organizations.” This last bit concerns me, as home visits could become invasive and the mentoring program described in the article needs to be organized around supporting parents – rather than stigmatizing them further. As cited in our previous blog post Single Moms & Korean Fertility Policy 싱글맘와 한국의의 가족계획, according to Boonyoung Han’s 2011 survey of social services for unwed mothers, several mothers reported that state-recruited mentors discouraged them from raising their children and even went so far as to insinuate that their children would be better off if sent abroad for adoption. Mothers also reported that home visits invaded their privacy and that they felt disrespected for social workers and their ‘advice’ about parenting. Hopefully these problems identified in 2011 have offered a constructive criticism that will be taken into account in the Gwangju program.
References:
Han, Boonyoung, Seoul National University, Social Services for Unwed Korean Mothers who are Rearing their Children, GOAL International Adoption Studies Forum, 2011.10.15.
KUMSN www.kumsn.org
2.01.2013
Park Geun-Hye & Fashion: Still HATE this Double Standard
Thanks to the media for ongoing and questionable criticism of Park Geun-hye's [fashion] decisions.
Jung Kyung-min, New York correspondent of the JoongAng Ilbo,
adds to the short list of fashion-focused coverage of Park Geun-Hye that I find
questionable, but Jung takes it to a new and offensive level today in Joonang
Daily's 'Wardrobe change may be due for Park.'
After a lengthy description of all of the great things
Michelle Obama has done for American fashion, the piece transitions to an
incredibly offensive comparison and criticism of Park Geun-hye [with running
commentary my own]:
"South Korea’s President-elect Park Geun-hye may wish
to make fashion statements just as Michelle Obama has with her impressive
style. The next president favors an up-do hairstyle reminiscent of her mother,
Yuk Young-soo and pantsuits. Her decades-old fashion reflects her adherence to
principles and self-control. However, unlike Michelle Obama, she has made it a
strict secret what brands she wears.
She may have wanted to avoid unnecessary attention to her
fashion when she was an opposition politician. As president, however, her
fashion has a different meaning. She will be the face of the country, and her
fashion will receive international attention."
[IF Park wishes to do so, she will on her own terms, without
snarky criticisms like this article that rips on her style for being out-dated
and boring. Maybe it is a secret because she wants people to discuss her
POLICIES and not her fashion palette,or for any number of other reasons not to
conflate politics and branding. Did past presidents announce their brand choices? I guess I missed that memo from Lee Myung-Bak.]
"It would be hard to find a better way to promote and
advertise Korean fashion."
[Really? I don't think it would be hard to think of better
ways to promote and advertise Korean fashion.
But first, is it reasonable to set this as a goal? Is this
the job of a politician? Michelle Obama was already renowned for her fashion
statements years ago, so why didn't the Joongang Daily or Korea Herald (see my
previous post at 'Park Geun-Hye & Skirts: HATE this Double Standard') call upon Lee Myung-Bak to take his style up a notch and promote Korean
brands?
Second, if promoting Korean fashion is a top priority, we
can question whether or not the President-Elect's personal style is among the
best ways to promote the industry. Why wouldn't Korean designers, or even
celebrities (ex. 2NE1) that are already internationally famous as style icons perhaps be
"better" for promotion and advertising? In addition, the Korean
government has invested quite a bit of money in Korean fashion branding,
hosting fashion events domestically and abroad to highlight designers and
Korean style.]
"It would be thrilling to see a female president wearing
accessories, shoes, bags and outfits from young Korean designers and domestic
brands at meetings with foreign heads of state."
[MY EDITORIAL REVISION: It
would be thrilling to see a female president wearing accessories, shoes, bags
and outfits from young Korean designers and domestic brands at meetings with
foreign heads of state.]
"I am already curious what Park will be wearing on her
inaugural ceremony."
[I am really curious as to why this article pitch was picked
up.]
QUIZ: Anyone know what President Lee, Bush or Obama are
wearing in ANY of these pictures? Anybody care? I don’t, either.
1.24.2013
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:
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."
*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."
What is "Men’s Korea" (formerly Boslachi)? 맨즈코리아 ('보슬아치' 사이트), 그들은 누구인가?
This post will briefly introduce Men’s Korea (맨즈코리아),
formerly known as Boslachi (보슬아치 사이트).
First, readers should note that the term boseulachi (보슬아치) is derived
from the combination of a Korean word for vagina (보지) and an old term used to refer to a Choson dynasty government official (벼슬아치). The term, as described by colleagues (who were quite embarrassed to
speak about this term) is intended to disparage ‘bossy women’ or ‘women with
power’ or attempts by women to ‘control men.’ Similarly, according to colleagues, the term jaseulachi (자슬아치) from a
combination of the term for penis (자지) and the Choson dynasty official (벼슬아치), to refer to a
“man who treats woman badly” or who is overly “worried about mens rights and/or
angry about benefits for women.”
Besides its’ former name, the Men’s Korea site
shows obvious sexism in a number of posts. For example, the Men’s Korea post
pictured below, titled “Ilbe Kimchi Bitch” features the personal identifying information
and Facebook contact information of a woman the anonymous poster apparently does not
like (but we have censored that information in the image below).
For purposes of clarification, according to Koreabang, Kimchi Bitch is a
“Slang word usually used to denote material Korean girls who spend most of their time shopping and buying cosmetics, looking down on Korea in preference of perhaps a better Western life, when they are in fact Korean down to the core. The word kimchi is used to to highlight the fact that you cannot wash off the smell or stain of kimchi –– and therefore you can not wash away your Korean roots either. Also phrased as 김치년 ['kimchi-nyoen', 'kimchi bitch']. Similar term sometimes used for men too.”
The poster can present the identifying information of this Facebook user and label her with hate speech. Or, take this gem, taken from Men's Korea
"BEST LIST" which carries the title "Korean women #1 in theWorld for Infamy." The
post describes Korean women as having high divorce rates, abortion rates, etc.
before the poster concludes: "#1 Whores ^^ Within 3 days you have to meet
1."
So, in conclusion the site provides an online forum for
women-bashing and hating on gender equality and specifically targeting
individual women that nameless netizen's have a grudge against. Some posts on the site reflect some men's resentment toward women individually, collectively, socially and against institutions that support women.
Sources:
http://www.boslachi.com/ or http://www.menskorea.com/
“일베 김치녀” and “한국여성 지구촌 불명예 1위 싹쓸이”
1.23.2013
Testing Park's 'psychological symptoms'
The Hankyoreh ran a cartoon on 2013.01.18 which they have since translated into English, but without completely describing the text. The cartoon depicts a psychology test like those popularized in magazines. Below is the cartoon as presented by the newspaper:
A test of Park’s psychology
A test of Park’s psychology
Here is the Hankyoreh's translation/explanation of the cartoon in English:
President-elect Park Geun-hye stands on a square that represents her election campaign pledges to expand welfare. Park is now at a crossroads and will need to decide her next step. The men on the left represent the conservative media and politicians who are urging Park to trim back the generous welfare promises she made, saying that the budget for the measures can’t be found. The square to Park’s left represents keeping the promises regardless of the difficulties, which is the type of politician that she is trying to present herself as. (by Jang Bong-goon)However, the English translation provided doesn't capture the full criticism represented by the 해석 / psychological test interpretation written upside down at the bottom of the cartoon. This text roughly states (my imperfect translation):
If Park modifies pledges, she is instructed as follows:Your symptoms to avoid: having an earnest heart of gold.
The cartoon implies that either Park is dishonest and lacks goodness, or that she does the right (difficult) thing and is authentically representing herself as President-elect.
What do you think about Korea's social welfare system? About Park Geun-hye's pledges and the feasibility of proposed policies?
1.14.2013
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:
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,
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
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
12.30.2012
Will Abe 'revise' the Kono Statement on Comfort Women?
What is in store for Korea-Japan relations after the elections this month? The New York Times suggests that Abe may try to alter or recant Japan's apology for mobilizing sex slaves.
"The Kono Statement — named for the chief cabinet secretary who issued it, Yohei Kono — has long been a sore point for Japanese rightists, who deny either that the women were coerced or that the military had a hand in forcing them to become what many Japanese euphemistically call “comfort women.” These critics include Mr. Abe, who has repeatedly called for revising the statement, most recently during an internal Liberal Democratic Party election in September."Denying the mobilization of colonial subjects for war and sex will not change the truth. Give it a rest, Abe.
What do you think is in store for Korea-Japan relations?
12.29.2012
Park Geun-Hye & Skirts: HATE this Double Standard
The Korea Times
ran a piece "Skirt on inaugural day" yesterday, discussing what
outfit President-elect Park Geun-hye should wear to her Feb. 25, 2013
inauguration. In the piece, Rachel Lee summarizes fashion tips from experts that “have come
forth with suggestions on how to navigate the complex relationship between
power and clothes.”
Since when is there a COMPLEX relationship between power and clothes?
Who cares about this? Earlier this year when
U.S. Secretary of State Hilary Clinton was scrutinized for her fashion and
cosmetic choices, Celinda Lake pointed out that:
“evaluation of women on their looks is driven by news media, not voters. "What is just absolutely amazing is how pervasive this is and how true it is even for women reporters and the degree to which even if women try to develop just a uniform for the job we can't seem to get off this topic," she says. In focus groups, "I haven't heard anyone mention her hair or her makeup for probably a decade. It's not the voters driving this at all. They could care less. It is reporters. It is both male and female reporters."
I wonder whether the average Korean citizen cares whether Park wears a skirt in the right color on Feb. 25, 2013?
Thank you so very
much, Korea Times, for telling us that “the president-elect, with her power suits and
coiffed hair, portrays an image of veteran politician with aplomb in the
male-dominated political arena.” I suppose this shouldn’t
be too surprising given the Saenuridang slogan ‘Prepared Woman President” while
critics have said she is a female
political leader "only in biological terms" because "for the past 15 years, Park has shown little visible effort to help women in politics or anywhere else as a policymaker." This dialog about Park's performance of gender, criticism of her femininity and womanhood - all of this seems to create a mold and expected role for women in politics. Supporters and critics alike narrow-mindedly link gender and politics as if genitalia pre-disposed one to a policy agenda.
I guess we couldn’t look to her long years of political office-holding
to see that she is a veteran, her successful election, or her prominence within
her party to see her confidence or aplomb as a politician… no we had better take a look
at her fashion and hair style… or maybe we can do a little better and stop
imposing an absurd double-standard on woman politicians.
Image credit: http://resources3.news.com.au/images/2012/12/20/1226541/173327-south-korea-park-geun-hye.jpg
가정폭력 Domestic Violence Awareness : Music & Media
In 2012 social debate and political battles over domestic
violence, rape and gender equality repeatedly made headlines in both South
Korea and the United States. In Korea, the rape and murder of kidnapped woman
cast a spotlight on weak state and police enforcement of laws to protect
citizens. In the U.S., politicians debated whether or not to reauthorize the Violence
Against Women Act and a number of politicians embarrassed themselves into
election losses with absurd statements about rape. Most disturbingly, some states
cut their funding to domestic violence prevention and support programs.
Domestic Violence and Music 가정폭력과 음악
Two powerful music videos portray domestic violence in 2012.
The vocalists Zia and P!nk highlight the complicated emotional and physical
space we navigate when confronting or recovering from domestic violence.
2012년에 매우 힘이 넘치는 영화 같은 뮤직비디오에서는 지아와 핑크가 가정폭력의 복잡한 감정적이며 신체적인 고통을 보여준다.
Zia - For a year 지아 -일 년째
P!nk – Try 핑크 – 트라이
Domestic Violence and History 가정폭력과 역사
Domestic violence is a major
problem in contemporary society in Korea and the United States, and in regions
all over the world. When I read Choson Court rulings on domestic violence,
rape, adultery and spousal murder, I am reminded that centuries ago the legal
system did not recognize women’s rights and we appealed to the patriarchal rule
of the father or pre-modern state local officials to abide by virtues of
justice and morality and requested that they not abuse the people. There wasn’t
a strong social mindset that recognized the rights of women and children, nor adequate
tools of state to enforce human rights.
가정폭력은 한국, 미국, 세계적으로 커다란 이슈이다.
조선시대에 처를 살해한 사건자료를 읽으면서 현대사회의 인권문제에 대한 제도가 퇴보되어간다고 생각됐다. . 옛날에 우리나라는 국가나 경찰대신 가장의 도덕와 공평성을 통해 그 가정의 삶의 질이 결정되었다.
이러한 관습은 힘 없는 사람들은 자비를 구해야했다.
For example, Choson royal court records include the case of Lee Geun-Bin. In this case a wife
was beaten to death with the heavy cast-iron style lid from a cookery. The case
shows obvious domestic violence. She may have been beaten not only by her
husband, but her father-in-law and brother-in-law whom lived in the same home. The
unnamed wife attempted to flee to her natal home, but she lost strength and
died. A pattern of violence had already existed in the home, but in those days
a wife was isolated from society and there were few opportunities for a wife to
appeal for help and the private home was ruled by the father. The Choson
records reveal a number of other cases in which wives were murdered by their
husbands, with rare and light punishments ordered by the royal court.
이군빈의 재판에 보면 실망스럽게도 너무나 명백한 가정 폭력이다.[1]
그 자료에 따르면 “부자의 공초에, “부축하여
앉혔다”는 말로 미루어보면, 그녀가 힘이 빠져서 집에 다다르기 전에
인사불성명되었음을 알 수 있”다고 이군빈의 거짓말로 가정폭력의
사실 보여준다: “솥뚜껑으로 때렸다”고 말했다.[1] 조선시대의
가부체제 아래에 있는 학대의 희생자들은 도움이 받는 것이 힘들었고 가장은 자신의 집안에서 왕처럼 통치했다.
However, we have since developed
state-managed systems to improve the enforcement and protection of the rights
of all people, such as police, courts and public education. In some regions,
there is not a functioning system to protect or enforce these rights and societies
still rely on patriarchal benevolence, for example when raped women or women
who have sex outside of marriage are murdered, so-called ‘honor killings’ by relatives to ‘preserve’
the family ‘honor’ that was supposedly tarnished by her ‘impurity.’
하지만 근대 국가 아래 우리는 국가관리의 인권, 경찰,
병원, 편파적이지 않은 재판, 사회 복지를
향상시킨 체제가 만들어졌다. 그러나 인권존중이 되지않는 몇몇 국가에서는 지금도 성폭행 피해자와 간통했던 여성이 명예살인이나 공개처형당하지만
전세계사회는
변화되고 있다.
Domestic Violence and Society 가정폭력과 사회
In Korea, society still struggles
to overcome the hierarchical power of the patriarch when the police do not
enter the home without his permission. We can see in the Sokcho case last year
that a woman could be raped and murdered while the police are ineffective. Society
did not pay adequate attention to the problem of domestic violence, and
individually we might ‘look the other way’ and ignore violence in our
communities. However, in December 2012 the Korean National Police Agency
granted new powers, “the new rule now allows police to enter even if a home owner
denies the police request. The police expect the measure will help save victims
who are afraid of revenge attacks after calling for help.”
현대 한국사회에서도 가정의 가부적인 계급 사회을 위해 발버둥 치고 있다. 작년의 속초 성폭행 사건에서 보면 효력 없는 경찰들이 가장[아부지]부터의 허가 없는 경우에 집을 들러가지 않았고 여자가 살해 일어났다.
비단 그뿐 아니라 우리는 자주 가정 폭력을 무시했다.
Meanwhile, in the United States,
several states have already cut their budget for domestic violence programs,
and more will do so next year:
“Domestic violence calls are second only to
burglary for law enforcement. Police regard them as among the most dangerous in
terms of officer safety because of the violent emotions often in play when they
arrive at the scene. Arrests and prosecution are part of the picture, but only
a part. Victims need options, shelter, counseling, financial assistance, and
education. Victims who want desperately to leave violent domestic situations
without police intervention often need those resources even more. It is in this
context that states across America,
faced with mounting budget crises, are slashing domestic violence programs and
funding. The most widely reported has been the use of the Governor’s
veto pen in California. But
domestic violence prevention and service funding has also met the budget ax in
states like Massachusetts, Oklahoma,
Arizona, Missouri and others.”[2]
Worse, some states such as Kansas have cut response calls by
police, putting many people in danger of abuse and death from domestic
violence:
“Busted budgets have forced tough decisions by
governments and law enforcement officials nationwide, but the Shawnee County district attorney's move to
stop investigating domestic abuse and other misdemeanor cases has
angered victims' advocates who say austerity has gone too far.”[3]
In the United States, some conservative politicians call for
‘small government’ but the consequence could be a return to ‘rule by the father’
wherein women must once again plead for health and life, rather than know these
are enforced and protected rights.
미국에서 어느 지방 등에서 가정 폭력 예방하는 프로그램의 예산을 삭감했고 내년에
더 다른 지방에서도 예산을 절감하려고한다.
더군나 미국 캔자스나 다른 지역에서 예산절감때문에 가정폭력을 신고하여도 경찰은 출동할수 없고 도움을 받을 수 없게되었다.
집에서 가정 폭력 당하는따라서 시민들의 건강와 안전 위험에 직면해서 가정 폭력으로 부터 피살될 수 있다.
미국에서도 보수적인 사람들이 ‘작은 국가’가
필요로 하다고 주장하고 있다. 가정폭력예방 예산 삭감이나 국가의 인권에 관한 무관심은 그러나 이는
가부장제의 통치로 되돌아가는 결과를 나을 것이다. 그래서 여성들이 다시
건강, 안보, 삶을 위해 가장에게 의지하고 무가치한 존재로 보일 것이다.
Here in Korea, resources for domestic violence and sexual
violence are available, please reach out if you are need of support: Seoul Rape Medical Treatment and National Police Hospital (located on Line 3, exit 1)
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