‘The Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children’ (Hereby after, the Protocol of Trafficking), which is currently used in international community, defines trafficking centered around purposes, means and acts as follows. “Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.” This definition provides types of exploitation in minimum standard, and thus each state has to devise legislation in more detail including trafficking of various form which can be found in the country. Numerous forms of trafficking crimes are also found in Korea, and this report briefly provides six types of trafficking. First, migrated female that entered into sex industry while holding E-6 visa. Second, migrated laborers that are suffered from forced labor. Third, female marriage immigrants who are exposed to forced labor and sexual exploitation. Forth, Korean female that are brought into compulsory prostitution due to debt. Fifth, children and women trafficked for the purpose of sex tour. Sixth, children who are exploited because of vulnerable adoption system.

For legal examination regarding trafficking, this report attempts to review legislation of the Philippines, the U.S. and Australia where the legislative system concerning trafficking is well established. Although all these countries are having a difficult time implementing the related law, there have been established measures to punish trafficking and protect victims. There three countries have slightly different definition of acts, measures and purposes of trafficking crime in legislation. However when it comes to be application and interpretation, these countries reflect the Protocol of Trafficking. Next, in the case of sex tour, legal liability is expanded to a c rime r elated to trafficking, all t he p eople who are implicated in the sex tour are punished. In other words, if a person had utilized, instigated, or planned the service, then one would be punished despite not being a human trafficker. Lastly, these three countries protect victims through decriminalization, and the U.S. and Australia, which are terminal nation of trafficking victims, take active measures in protecting victims through letting victims apply for permanent residents regarding immigrant status.

Out of the current legislation in Korea, the representative provisions related to trafficking punishment and protection of victims are kidnap and invitation according to the Criminal Law, the provisions on punishment of trafficking for the purpose of prostitution, special cases concerning punishment for victims of prostitution, and protection provisions according to the Act on Punishment of Prostitution Brockage and etc. However, in reality, these provisions are limited in effectiveness of trafficking punishment and protection of victims respectively. Considering this matter, the Ministry of Justice pre-announced legislation of revised bill of the Criminal Law that newly establishes provisions of trafficking punishment in Particulars of the Criminal Law in August 2012. Bills on the Special Law on Trafficking Prevention and Protection of Victims were motioned respectively in July 2010, March 2011, and July 2012. This report would like to review main contents of these revised bill of the Criminal Law and bills on the Special Law on Trafficking Prevention and Protection of Victims, and would discuss defects whilst comparing these bills to articles of the Protocol of Trafficking. Based on this, this report would make a suggestion for the legislation of prevention of trafficking and victim protection, in terms of legislation form, definition of trafficking and punishment, protection of victims of trafficking, and international cooperation, then finish the discussion.