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Viewing cable 06SEOUL777, SIXTH ANNUAL ANTI-TRAFFICKING IN PERSONS REPORT
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| Reference ID | Created | Released | Classification | Origin |
|---|---|---|---|---|
| 06SEOUL777 | 2006-03-10 09:00 | 2011-08-25 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Seoul |
VZCZCXRO4560
RR RUEHVC
DE RUEHUL #0777/01 0690900
ZNR UUUUU ZZH
R 100900Z MAR 06
FM AMEMBASSY SEOUL
TO RUEHC/SECSTATE WASHDC 6500
INFO RUEHTA/AMEMBASSY ALMATY 0171
RUEHBK/AMEMBASSY BANGKOK 5921
RUEHBJ/AMEMBASSY BEIJING 0227
RUEHML/AMEMBASSY MANILA 8480
RUEHMO/AMEMBASSY MOSCOW 7157
RUEHOT/AMEMBASSY OTTAWA 2104
RUEHNT/AMEMBASSY TASHKENT 0450
RUEHKO/AMEMBASSY TOKYO 0311
RUEHVC/AMCONSUL VANCOUVER 0158
RUEAHLC/HOMELAND SECURITY WASHDC
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RHMFISS/COMUSKOREA J2 SEOUL KOR
RUEHC/DEPT OF LABOR WASHINGTON DC
RHMFISS/COMUSKOREA J5 SEOUL KOR
UNCLAS SECTION 01 OF 10 SEOUL 000777
SIPDIS
SENSITIVE
SIPDIS
DEPT FOR EAP/RSP, INL, DRL, G/TIP, PRM, G, IWI
E.O. 12958: N/A
TAGS: KS KCRM KWMN PGOV ELAB SMIG ASEC KFRD PREF
PHUM
SUBJECT: SIXTH ANNUAL ANTI-TRAFFICKING IN PERSONS REPORT
REF: A. SECSTATE 3836
¶B. 04 SEOUL 4843
¶C. 05 SEOUL 5240
¶D. 05 SEOUL 3880
¶E. SEOUL 689
¶F. 04 SEOUL 6235
¶G. SEOUL 321
¶H. 05 SEOUL 5330
SENSITIVE BUT UNCLASSIFIED -- PLEASE HANDLE ACCORDINGLY
¶1. (U) Post's submission for the sixth annual
Anti-Trafficking in Persons (TIP) Report follows. Responses
are keyed to questions in Ref A.
SUMMARY
-------
¶2. (SBU) The ROKG continued to make efforts to fight
trafficking in persons during the March 2005 to March 2006
reporting period. Government efforts to educate the public
and promote compliance with the 2004
Anti-Prostitution/Anti-Trafficking Laws (Ref B) helped raise
awareness of prostitution and trafficking as a crime (Ref C,
D). Ministry of Gender Equality and Family's (MOGEF)
financial support for NGOs helped further the development of
a legal and social infrastructure for victims of the sex
industry. Local law enforcement agencies and Embassy
officials cooperated closely in ongoing investigations of
visa brokers connected with international trafficking.
Government and NGOs devoted substantial time and resources to
anti-prostitution and anti-trafficking programs. In
Paragraphs 52 and 53 below, we highlight two projects for
consideration as international best practices: a "John
School" organized by the Ministry of Justice (MOJ) to educate
men about the hidden costs of trafficking; and an internship
program organized by the Magdalena House shelter to help
victims of prostitution and trafficking transition into
legitimate employment.
¶3. (SBU) Despite making steady progress, the ROK remained a
source, transit and destination country for trafficking in
persons. In particular, the trafficking of Korean women to
the United States and elsewhere remained a serious problem.
END SUMMARY.
PARAGRAPH 18: OVERVIEW OF ROK ACTIVITIES
----------------------------------------
¶4. (SBU) A. The ROK was a source, transit, and destination
country for women trafficked for the purposes of sexual
exploitation. Precise numbers of trafficking victims were
unavailable. According to the government's 2003 statistics,
approximately 330,000 women were involved in the sex trade.
NGOs and other observers continued to believe that the number
of Korean sex workers was substantial. Prostitution occurred
in a variety of settings, including glass-front brothels,
karaoke rooms, massage parlors, and private night clubs
("room salons"). The government reported that, as of
September 2005, the size of brothel districts had decreased
by 35 percent since before passage of the 2004 laws.
However, some observers report that prostitution activity may
have in part shifted to more discreet settings, including
residential neighborhoods. Also, solicitation was
increasingly taking place on-line or through cellular phone
text messaging services.
¶5. (SBU) B. While women in the ROK sex industry were
overwhelmingly Korean, NGOs believed that several thousand
foreign women from Russia, China, Uzbekistan, Kazakhstan, the
Philippines, Thailand, and other countries of Southeast Asia
were also involved. Observers told us that foreign women
were trafficked to the ROK through employment agencies,
SEOUL 00000777 002 OF 010
travel companies, and international marriage brokers. (NOTE:
Foreign women have historically worked in base camps
surrounding U.S. Forces Korea (USFK) areas. USFK continued
to enforce its zero-tolerance policy towards prostitution and
other measures to fight prostitution and human trafficking.
Although problems still existed, an NGO that works
exclusively with basecamp communities reported the closure of
a number of clubs and a decrease in the number of foreign
women working near U.S. bases. END NOTE.).
¶6. (SBU) B. (Cont.) Traffickers used debt bondage and
threats of exposure to ensure compliance. Victims
accumulated debt as traffickers encouraged them to borrow
money for clothes, makeup, accessories or rent. Victims
accumulated further debt through penalties for being late to
work, being sick or committing other alleged infractions of
work rules. Some victims reported that they were approached
by friends or acquaintances and promised easy and lucrative
incomes. Others reported that they approached employment
agents who placed them in cafes or other establishments where
they were compelled to provide sexual services. NGOs
reported that employment agencies promised runaway youth
employment assistance, but instead sold them to sex-related
establishments. Victims were predominantly young Korean
women in difficult economic or social situations, often
characterized by family violence or broken families.
¶7. (SBU) B. (Cont.) Korean women were trafficked to the
United States, sometimes via Canada (where Korean nationals
may travel without a visa) or Mexico. They also entered the
United States on non-immigrant visas, sometimes issued on the
basis of false documents. Korean women were also trafficked
to Japan, Saipan, Guam, Australia, New Zealand, Canada and
Western Europe. Some NGOs speculated that the trafficking of
Korean women overseas may have increased since the enactment
of the 2004 legislation.
¶8. (SBU) B. (Cont.) Among the victims trafficked to the
United States with non-immigrant visas, a growing number
appeared to be traveling on student visas. Post's Fraud
Prevention Unit (FPU), working in cooperation with local
authorities, uncovered a ring of fraudulent-document
producers and visa brokers who worked in the U.S., Korea and,
possibly other Asian countries (Ref E). The brokers assisted
poorly qualified applicants to obtain real I-20 forms and
fraudulent Korean university diplomas and transcripts. Upon
arrival in the U.S., organizers forced some Korean women to
work in the sex industry as strippers, prostitutes, or
masseuses. To date, there have been nine arrests of visa
brokers as a result of this ongoing investigation.
¶9. (SBU) B. (Cont.) The National Assembly, the Ministry of
Gender Equality and Family (MOGEF), the Korean National
Police, and local police in a number of jurisdictions
demonstrated the political will to address trafficking in
persons. We look forward to improved cooperation from the
MOJ. In November 2004, the MOJ at Embassy Seoul's request
initiated a Trilateral Working Group (TWG) to address in
quarterly meetings the trafficking of Korean women from the
ROK into the U.S. through Canada (Ref F). In the inaugural
meeting, the MOJ's position was, in essence, that if the
Korean women traveled to Canada legally, their attempt later
illegally to enter the United States was a Canada-U.S. border
issue over which the ROKG had no control. During the
reporting period, the MOJ failed to convene another TWG
meeting. Despite repeated high-level assurances, MOJ has yet
to schedule any follow-up meetings (Ref G).
¶10. (SBU) C. The government's main limitation remained
societal attitudes regarding prostitution. While attitudes
were changing, many Koreans still regarded prostitution as a
customary part of business and social relations. Business
interests, in particular, were wary about the impact that a
crackdown on prostitution could have on the economy.
SEOUL 00000777 003 OF 010
Further, some sex workers argued that they had a right to
choose their vocation, even if it was prostitution. The ROKG
devoted substantial resources to its anti-prostitution and
anti-trafficking efforts. In 2005, the government spent 22.2
billion won (USD 22,560,334) on financial aid to victims.
Corruption was not reported to be a major problem.
¶11. (U) D. The MOGEF engaged in efforts to monitor its
anti-trafficking efforts and periodically made available its
assessments. In addition to the quarterly meetings of its
multi-agency anti-trafficking task force, the government
plans to issue a report in September 2006 on the efficacy of
the 2004 Anti-Prostitution/Anti-Trafficking Laws.
PARAGRAPH 22: PREVENTION
------------------------
¶12. (U) A. In 2005, the ROK acknowledged that trafficking
was a problem to the extent that foreign women may be
trafficked to areas surrounding military camp towns.
¶13. (U) B. The following government agencies were involved
in anti-trafficking efforts: Ministry of Justice; Supreme
Public Prosecutors Office; Korean National Police Agency
(KNPA); Ministry of Gender Equality and Family (MOGEF);
Ministry of Labor; Ministry of Foreign Affairs and Trade;
Ministry of Culture and Tourism; Maritime Police
Administration; and, the National Information Agency.
¶14. (U) C. During the reporting period, the MOGEF and the
KNPA conducted periodic briefings and media interviews. The
MOGEF managed a hotline that provided English, Russian and
Chinese interpretation services and facilitated social, legal
and medical assistance for victims. The KNPA distributed
educational material to women, Korean and foreign, working in
entertainment venues on their rights and how to report any
abuses.
¶15. (U) D. The MOGEF sponsored various occupational
training and employment support programs for women. The
government also provided women entrepreneurs with grants and
low interest loans. In addition, election laws provided that
National Assembly elections, 50 percent of each party's
proportional representatives and 30 percent of each party's
geographic representatives must be women. In March 2005, the
National Assembly eliminated the "hojuje," a household
registration system that made women legally subordinate to
the male family head.
¶16. (U) D. (Cont.) To help reduce the demand for
prostitution and human trafficking, the MOJ's Probation and
Parole Division created a "John School" to educate men about
the hidden costs of prostitution (Ref H). Over one thousand
men have participated in the program, which was a mandatory
eight-hour class for first offenders arrested for purchasing,
or attempting to purchase, sex. The curriculum included
testimony from trafficking victims, HIV/AIDS awareness, and
other social and health information. The government also
targeted military servicemen and reserve forces with an
anti-prostitution campaign.
¶17. (U) F. (NOTE: Para E omitted in Ref A. END NOTE.).
Government officials, NGOs, international organizations and
others cooperated on the trafficking issue. In November
2005, the ROKG hosted an international conference on human
trafficking, the third in an annual series. This year's
conference focused on prosecuting international trafficking
rings in the Asia-Pacific region.
¶18. (U) G. The ROKG adequately monitored its borders.
Addressing a problem noted in previous TIP reports, the
government took measures to assert law enforcement
jurisdiction in the international transit lounge of Incheon
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International Airport.
¶19. (U) H. Fourteen government ministries coordinated their
anti-TIP efforts through a task force that met quarterly. In
addition, the Korea Independent Commission Against Corruption
(KICAC) worked to eliminate corruption in the government and
private sector.
¶20. (SBU) J. (NOTE: Para I omitted in Ref A. END NOTE.).
In 2003, the government created a Planning Unit on the
Prevention of Prostitution. Its 12 members included
government officials, three academics, one clergyman, five
NGO representatives and one legal adviser. The Planning Unit
in March 2004 created a Master Plan on the Prevention of
Prostitution in March 2004. The 2004
Anti-Prostitution/Anti-Trafficking Laws were a main component
of this plan.
PARAGRAPH 23: INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------------------------------------- -------------
¶21. (U) A. In September 2004, the ROKG implemented
legislation that specifically prohibited trafficking in
persons and established a network of support resources for
victims. The 2004 "Act on the Punishment of Intermediating
in the Sex Trade and Associated Acts," provided for the
punishment of human trafficking for the purpose of the sex
trade and authorized the seizure of money and property
acquired through trafficking. The law prohibited the sex
trade; intermediating in the sex trade; human trafficking for
the purpose of the sex trade; employing and recruiting others
for the purpose of selling sex, or introducing and
intermediating work with the knowledge that sex is traded;
and, advertising for activities or an agency where the sex
trade is carried out. The law provided that sex trade
victims would not be subject to punishment and would also be
entitled to certain procedural safeguards, such as closed
trials. "Victims," under this law, were persons forced to
sell sex by means of deceptive schemes, force or drug use.
Juveniles, persons with serious disabilities and persons
trafficked for the purposes of the sex trade were also deemed
victims. Further, monetary claims of traffickers against
victims were invalidated regardless of the form or the
pretext of the contract.
¶22. (U) A. (Cont.) Provisions of the Criminal Act and the
Special Criminal Act could also be used to prosecute crimes
related to trafficking in persons. For example:
-- Kidnapping minors by force or deception was illegal under
Criminal Act Article 287 on Kidnapping of a Minor and was
punishable by imprisonment of up to ten years;
-- Abuse of a person under one's protection or supervision
was illegal under Criminal Act Article 273 on Cruelty and was
punishable by imprisonment of up to two years or a fine of up
to five million won (USD 5,119). A person who delivered a
child under sixteen years of age who was under his protection
or supervision to a proprietor or agent who would employ the
child in work that was dangerous to life or limb was illegal
under Criminal Act Article 274 on Hard Labor by a Child and
was punishable by imprisonment of up to five years;
-- Kidnapping a person by force or deception for the purpose
of gain, transportation to a foreign country or marriage was
illegal under Criminal Act Article 288 and was punishable by
imprisonment of no less than one year, Article 289 (penal
servitude of no less than five years) and Article 291 (penal
servitude of up to five years);
-- Falsely arresting or illegally confining another was
illegal under Criminal Act Article 276 on False
Arrest/Illegal Confinement and was punishable by imprisonment
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up to five years or a fine of up to seven million won (USD
7,167) and by Article 277 on Aggravated False
Arrest/Aggravated Illegal Confinement which provided for
penal servitude of up to seven years;
-- Intimidating another person was illegal under Criminal Act
Article 283 on Intimidation and punishable by imprisonment of
up to three years, or a fine of up to five million won (USD
5,119);
-- Using violence against another was punishable by Criminal
Act Article 260 on Violence and was punishable by penal
servitude for no more than two years or a fine of up to five
million won (USD 5,119);
-- Inflicting bodily injury on another was illegal under
Criminal Act Article 257 on Inflicting Bodily Injury and was
punishable by imprisonment of up to seven years or a fine of
up to 10 million won (USD 10,239);
¶23. (U) A. (Cont.) In addition, the Labor Standards Act
prohibited forced labor, violence, and illegal exploitation
and provided for penalties of imprisonment of up to five
years or fines of up to 30 million won (USD 30,717). The
Child Welfare Act and the Youth Protection Act prohibited
child abuse and provided for imprisonment of up to ten years
and fines of up to thirty million won (USD 30,717). The
Immigration Control Act, the Passport Act, the Employment
Security Act, and the Act Relating to Protection for
Dispatched Workers also had provisions that prohibited crimes
related to human trafficking.
¶24. (U) B. In addition, penalties for human traffickers
were as follows:
-- A person who forced another by violence or intimidation to
sell sex was subject to imprisonment of up to 10 years, a
fine of up to 100 million won (USD 102,385), or both;
-- A member of a criminal organization or group who forced
another by violence or intimidation to sell sex was subject
to imprisonment of at least one year;
-- a person who forced sex trade on another by detention or
by showing collective force was subject to a prison term of
at least three years;
-- a person who solicited sex trade customers or
intermediated sex trade jobs was subject to imprisonment of
up to three years, a fine of up to 30 million won (USD
30,717), or both;
-- a person who received compensation for intermediating in
the sex trade as a business or introduced or intermediated
sex-selling jobs was subject to imprisonment of up to seven
years, a fine of up to 70 million won (USD 71,668), or both;
-- a person who bought or sold sex services was subject to a
prison term of up to one year, a fine of up to three million
won (USD 3,071), or both.
¶25. (U) C. Under the Criminal Act, rape and indecent act by
compulsion were punishable by imprisonment of three to ten
years (Article 297, 298). Penalties for rape or sexual
assault and for sex trafficking were roughly equivalent.
¶26. (U) D. Prostitution in the ROK was illegal. The 2004
"Act on the Punishment of Intermediating in the Sex Trade and
Associated Acts" provided for the punishment of human
trafficking for the purpose of the sex trade and authorizes
the seizure of money and property acquired through
trafficking. The law prohibited the sex trade;
intermediating in the sex trade; human trafficking for the
purpose of the sex trade; employing and recruiting others for
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the purpose of selling sex, or introducing and intermediating
work with the knowledge that sex is traded; and, advertising
for activities or an agency where the sex trade is carried
out.
¶27. (U) D. (Cont.) Significantly, the 2004 law provided that
sex trade victims would not be subject to punishment and
would also be entitled to certain procedural safeguards, such
as closed trials. "Victims," under this law, were persons
forced to sell sex by means of deceptive schemes, force or
drug use. Juveniles, persons with serious disabilities and
persons trafficked into the sex trade were also deemed
victims.
¶28. (SBU) E. According to 2005 MOJ statistics, the arrest
rate for prostitution-related offenses increased to 6.3
percent from 5.5 percent, and the prosecution rate increased
to 61.5 percent in 2005 from 46.7 percent the previous year.
Nearly all of these prosecutions resulted in "administrative
trials," where defendants did not have to appear in court and
were mostly subject to a fine. Some NGOs criticized the
MOJ's failure to enforce the
Anti-Trafficking/Anti-Prostitution Law to its fullest extent.
In particular, some NGOs noted the MOJ's reluctance to seek
incarceration for offenders and failure to use the asset
forfeiture provisions of the TIP laws (Ref C, D).
¶29. (SBU) F. According to informed sources, employment
agencies received commission or introduction fees from owners
of red-light district facilities and other sex-related venues
where victims were forced into the sex trade. Police sources
said transnational traffickers were based in the U.S., Korea,
or elsewhere in Asia. The ROKG had no information on crime
organizations involved in human trafficking cases and had no
evidence that profits made by transnational crime
organizations, travel agencies or marriage agencies were
transferred to terrorist groups, guerrilla groups, judges or
banks.
¶30. (SBU) G. The ROKG reported that it investigated cases
of trafficking using, to the extent possible: emergency
arrest, restraint, search and seizure, communication
intercepts, location tracking via mobile phones, electronic
monitoring through cyber patrol and undercover
investigations.
¶31. (U) H. The Supreme Prosecutor's Office (SPO) provided
training at the Legal Research and Training Institute to
prosecutors dedicated to human trafficking or crimes of
violence, police authorities who handled violent crimes and
others that worked on anti-trafficking operations. The KNPA
also provided training on intelligence gathering and
investigation methods through courses offered at the Police
Comprehensive Academy and the National Scientific Criminal
and Investigation Laboratory.
¶32. (SBU) I. The ROKG cooperated with other governments
through the Act on International Judicial Mutual Assistance
in Criminal Matters and the Extradition Act. Police
cooperation with the Embassy during the course of
international trafficking and visa broker investigations.
¶33. (SBU) J. A criminal could be extradited to the U.S. and
the other 21 signatory nations of the Extradition Act.
Extradition to a non-signatory country was possible through a
mutual guarantee. To date, no persons have been extradited
for human trafficking.
¶34. (U) K. There was no evidence of government involvement
in or tolerance of trafficking.
¶35. (U) L. There was no evidence of government involvement
in trafficking.
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¶36. (SBU) M. In July, the National Youth Commission found
that Korean fishermen were greatly responsible for the
commercial sexual exploitation of children in the Pacific
Ocean island nation of Kiribati. Some NGOs have expressed
growing concern about Korean sex tourism to China, the
Philippines, Cambodia, Thailand, and elsewhere in Southeast
Asia. Although prosecutors had the authority to bring
extraterritorial charges of sex crimes against Korean
nationals, no charges were reported.
¶37. (U) N. The ROK ratified ILO Convention 182 concerning
the Prohibition and Immediate Action for the Elimination of
the Worst Forms of Child Labor in March 2001; the Optional
Protocol to the Convention on the Rights of the Child on the
Sale of Children, Child Prostitution and Child Pornography in
September 2000; and the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, especially Women and Children,
in December 2000. The ROK has not signed ILO Conventions 29
and 105 on forced labor.
PARAGRAPH 23: PROTECTION AND ASSISTANCE TO VICTIMS
--------------------------------------------- -----
¶38. (U) A. The 2004 "Act on the Prevention of the Sex Trade
and Protection of its Victims," authorized the establishment
of assistance facilities and counseling centers that would
help sex trade victims reintegrate into society. In
particular, the ROKG would have to provide support facilities
for victims, including foreign victims, that would provide
for room and board; counseling; medical support and legal
assistance. The law identified four types of assistance
facilities: (1) general assistance facilities, which provide
board and housing for up to six months and support the
independence of sex trade victims; (2) juvenile assistance
facilities, which provide board and housing for up to one
year and support the independence of juvenile sex trade
victims through school enrollment and education; (3)
assistance facilities for foreign women, which provide board
and housing for up to three months and support the victims'
return home; and (4) self-support assistance centers, which
provide job and technical training, employment information
and other social adjustment services for sex trade victims.
Under the law, state and local governments are also
authorized to establish counseling centers, which would
provide counseling and engage in the rescue of sex trade
victims. In 2005, there were 23 general shelters, 16
shelters for teenage victims, two shelters for foreign
nationals, two rehabilitation shelters, four group homes and
29 counseling centers. The MOGEF also established a Center
for Women's Human Rights to provide overall assistance to
trafficking prevention facilities.
¶39. (U) A. (Cont.) For foreign women, the Ministry of
Justice had the authority to grant victims of trafficking
either a G-1 visa ("others" visa category under the
immigration law) or to suspend their departure until damage
claims and redress of rights had been settled. Like ROK
nationals, foreign women were eligible for board and lodging,
professional counseling, legal and medical services.
¶40. (U) B. The ROKG provided monetary support to NGOs that
provided social, legal and medical services to trafficking
and sex trade victims. Victims in shelters were eligible to
receive medical assistance in accordance with the Medical
Expenses Act. Medical services not stipulated by the Medical
Expenses Act were provided by various rehabilitation funds,
amounting to 4.5 million Korean won (USD 4,571) per person.
A total of 4,185 victims received medical treatment during
the first half of 2005. ROKG-funded vocational and
retraining programs in 2005 resulted in 24 victims starting
their own businesses and 239 finding legitimate employment or
enrolling in school.
¶41. (U) C. If classified as a victim of the sex trade, a
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person would be referred to a shelter or support facilities
related to the MOGEF. Persons classified not as victims but
as willing participants in the sex trade (and in violation of
the law) would also be eligible for treatment and counseling.
¶42. (U) D. ROK law specifically provided that victims of
trafficking were to be treated as victims, not criminals.
The law further provided that deportation orders for foreign
victims of trafficking who reported a trafficking offense
were to be suspended until the conclusion of the
investigation or until their claims were redressed.
¶43. (U) E. The Act on the Punishment of Intermediating in
Sex Trade and Associated Acts stipulated that monetary
compensation should be given to those who reported crimes
involving human trafficking. The amount of money would be
determined by the reporter's contribution to solving the
case, financial damage suffered by the reporter because of
the report, and whether the reporter was involved in the
crime. The Crime Victims Support Division, which had
branches at over 50 prosecutors offices nationwide, supported
victims by providing information on their cases, personal
protection, and counseling services. The Division also
helped victims take legal action.
¶44. (SBU) E. (Cont.) Debt bondage has been one of the most
prevalent means of keeping women in the ROK sex industry.
Some NGOs succeeded in helping victims successfully to sue
brothel owners and managers to nullify debt accumulated as a
result of the sex trade (Ref D). (NOTE: As a result,
brothel owners were reportedly beginning to force women to
borrow money from secondary financial sources, thus making it
more difficult to prove a connection between the accrued debt
and prostitution. END NOTE.).
¶45. (U) F. The Act on the Protection of Reporters and
Associated Persons of Specific Crime stipulated that, when
the court or the investigation authorities investigated a
victim in a human trafficking case, or put the victim on a
witness stand, personal protection measures should be taken
for the victim, and the victim could apply for related
financial aid. The law also stipulated that the victim in a
sex trade case was free to leave the country according to her
will. The government was not authorized to prevent a victim
in a sex trade case from leaving the country.
¶46. (U) F. The Act on Special Cases Concerning the
Punishment of Specific Violent Crimes and the Act on the
Protection of Reporters of Specific Crimes provided that when
a victim in a human trafficking case reported a crime or
testified in court, the victim's identity and related
information could not be disclosed. The Act on the
Punishment of Sexual Crimes and Protection of Victims Thereof
protected the victim during prosecution and trial by
prohibiting the disclosure of the victim's identity and
allowing a closed-door hearing. According to the Act on the
Punishment of Intermediating in Sex Trade and Associated
Acts, when the court or the authorities questioned a victim,
their representative could be present. The law also stated
that, during the investigation, the victim was eligible to
receive protection and guidance from counselors specializing
in sex trade victim counseling.
¶47. (U) G. The ROKG provided training programs for 74
regional government officials in 2005. The training covered
on-site investigation and protection of trafficking victims;
trafficking prevention by developing ongoing relationships
with NGOs; and trafficking prevention-related laws and
policies.
¶48. (U) G. (Cont.) The ROKG reported in 2005 that it did
not support victims of human trafficking, or NGOs that
supported trafficking victims, through its embassies or
consulates.
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¶49. (U) H. Repatriated nationals who were victims of
trafficking were eligible for the same social, legal and
medical support services available for domestic victims of
trafficking.
¶50. (U) I. A variety of international organizations and
NGOs worked with trafficking victims, including International
Organization for Migration, the Asia Foundation, the SAGE
Foundation, Korea Women's Associations United, Women Migrants
Human Rights Center, Hansori House of Friends, the Jeon Jin
Sang Social Welfare Center in Anyang, Magdalena House and
Saewoomtuh for Prostituted Women. The NGOs provided
information and counseling services, as well as medical,
legal, and social support.
BEST PRACTICES
--------------
¶51. (U) While many government agencies and NGOs were
involved in impressive projects to fight trafficking and
rescue survivors, the following two projects stood out for
their creativity, potential to effect positive change, and
ability to be replicated elsewhere. Post nominates the MOJ
"John School" and the Magdalena House Internship Program for
inclusion in the Best Practices section of the 2006 TIP
Report.
¶52. (U) The John School: Loosely benchmarking the San
Francisco-based SAGE Foundation's program for sex offenders,
the MOJ has created a "John School" to educate men about the
hidden costs of prostitution (Ref H). The School is an
eight-hour class offered on Saturdays at 16 locations
throughout the ROK. In a typical session, participants will
engage in discussion with victim advocates, who are sometimes
former trafficking victims, regarding the harm that
prostitution can inflict on families and the community.
Attendees also receive information on HIV/AIDS prevention and
participate in role-playing exercises and group counseling
sessions. Although this program is still in its infancy,
Post believes this program may make a significant impact in
changing attitudes in a critical target group of first
offenders and reducing the demand for prostitution in the
ROK. In order to maximize the chances of this program's
success, Post is facilitating a consultancy relationship
between the SAGE Foundation and the MOJ and has also
nominated the MOJ program's creator, Prosecutor Lee
Young-joo, for an International Visitor Program grant.
¶53. (U) Magdalena House Internship Program: Once victims of
the sex industry overcome the trauma of their experience,
finding legitimate employment becomes a major challenge.
Some try to open their own businesses, but struggle because
they lack experience. In addition, they also tend to focus
on the clothing or beauty industries, which are prone to
instability and rapid turnover. In order to develop more
sustainable employment, the Magdalena House, a shelter and
support center in central Seoul, initiated partnerships with
local business associations, including the Korean Women
Entrepreneurs' Association (Seoul Chapter), Korean Foundation
for Women, and Caritas Seoul, (Ref C). Since 2003,
Magdalena House has placed about four to five trafficking
survivors per year to work as interns members' businesses.
These internships, which generally lasted six months, helped
participants gain valuable business skills.
EMBASSY POINT OF CONTACT AND TIME REPORT
----------------------------------------
¶54. (SBU) Mission point of contact for TIP issues is
Political Officer Michael Kleine, tel. 82-2-397-4213, fax
82-2-733-4791. In support of this report, Embassy Seoul has
spent approximately 1,376 hours researching trafficking
issues, coordinating with contacts, participating in USFK
anti-trafficking initiatives, and pursuing visa broker
SEOUL 00000777 010 OF 010
investigations over the past year. This total includes:
Ambassador: 6 hours
DCM: 4 hours
FE/MC/CON: 5 hours
MC/POL: 1 hour
02-level POL: 5 hours
02-level POL: 315 hours
04-level CON: 1040 hours (visa broker investigations)
VERSHBOW