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Viewing cable 07SEOUL587, SEVENTH ANNUAL TRAFFICKING IN PERSONS (TIP)

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Reference ID Created Released Classification Origin
07SEOUL587 2007-02-28 08:33 2011-08-25 00:00 UNCLASSIFIED Embassy Seoul
VZCZCXRO9851
RR RUEHNZ
DE RUEHUL #0587/01 0590833
ZNR UUUUU ZZH
R 280833Z FEB 07
FM AMEMBASSY SEOUL
TO RUEHC/SECSTATE WASHDC 3105
INFO RUEHTA/AMEMBASSY ALMATY 0190
RUEHNZ/AMCONSUL AUCKLAND 0003
RUEHBK/AMEMBASSY BANGKOK 6549
RUEHBJ/AMEMBASSY BEIJING 2088
RUEHBY/AMEMBASSY CANBERRA 8375
RUEHHI/AMEMBASSY HANOI 2061
RUEHML/AMEMBASSY MANILA 8714
RUEHME/AMEMBASSY MEXICO 0315
RUEHMO/AMEMBASSY MOSCOW 7836
RUEHOT/AMEMBASSY OTTAWA 2141
RUEHPF/AMEMBASSY PHNOM PENH 0293
RUEHNT/AMEMBASSY TASHKENT 0472
RUEHKO/AMEMBASSY TOKYO 2202
RUEAHLC/DEPT OF HOMELAND SECURITY WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC 0051
RUEATRS/DEPT OF TREASURY WASHDC
RUEHC/DEPT OF LABOR WASHINGTON DC
RHMFISS/COMUSKOREA J5 SEOUL KOR
RHMFISS/COMUSKOREA J2 SEOUL KOR
RHMFISS/COMUSKOREA SCJS SEOUL KOR
UNCLAS SECTION 01 OF 13 SEOUL 000587 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, EAP/RSP 
DEPT PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: KS KCRM PHUM KWMN SMIG KFRD ASEC PREF
SUBJECT: SEVENTH ANNUAL TRAFFICKING IN PERSONS (TIP) 
         REPORT 
 
REF: A. STATE 202745  B. 04 SEOUL 4843 C. 05 SEOUL 5240 
     D. 05 SEOUL 3880 E. 06 SEOUL 689  F. 06 SEOUL 1072 
     G. 06 SEOUL 4306 H. 06 SEOUL 4340 I. 04 SEOUL 6235 
     J. 06 SEOUL 1035 K. 06 SEOUL 4001 L. 05 SEOUL 5330 
 
1.  (U) Post's submission for the seventh annual 
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 April 2006 
to March 2007 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 
paragraph 53 below, we highlight the Ministry of 
Labor's Employment Permit System (EPS) designed to 
protect migrant workers in Korea for consideration 
as an international best practice. 
 
3.  (SBU) Despite progress, the ROK remained a 
source, transit and destination country for 
trafficking in persons.  The trafficking of Korean 
women to the United States and elsewhere for sexual 
purposes remained a serious problem.  Labor 
trafficking also posed a formidable challenge to the 
ROKG. END SUMMARY. 
 
---------------------------------------- 
PARAGRAPH 27: 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 remained unavailable.  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 May 2006, red-light districts 
numbered 1,097, compared to 1,679 in September 2004. 
However, some observers report that prostitution 
activity may have shifted to more discreet settings, 
including residential neighborhoods.  Also, 
solicitation increasingly took 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 in Southeast Asia were also 
 
SEOUL 00000587  002 OF 013 
 
 
involved.  Observers told us that foreign women were 
trafficked to the ROK through employment agencies, 
travel companies, and international marriage brokers. 
The ROK also issued E-6 visas ("entertainer visas") 
to foreign entertainers to come for work in Korea. 
Historically, many E-6 visa recipients had fallen 
victim to trafficking upon their arrival in Korea. 
Although the ROKG had dramatically reduced the 
levels of E-6 visas due to these concerns, in 2005 
they issued 4,759 visas, 2,381 to Philippine 
nationals alone. (NOTE:  Foreign women have 
historically worked in neighborhoods surrounding U.S. 
Forces Korea (USFK) base camps.  USFK continued to 
enforce its zero-tolerance policy toward 
prostitution and other measures to fight 
prostitution and human trafficking.  During the 
reporting period, the KNPA agreed to accompany USFK 
"Courtesy Patrols" in all regions in Korea to 
provide local law enforcement support to USFK in 
order to question and detain any American soldier or 
civilian employee suspected of purchasing sex from a 
prostitute.  Many clubs are changing the nature of 
their trafficking from prostitution to debt bondage 
requiring the foreign women to sell drinks to 
soldiers and other patrons.  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.  Korean 
victims were predominantly young women in difficult 
economic or social situations, often characterized 
by family violence or broken families. 
International victims were predominantly young women 
from rural areas of Southeast Asia who were looking 
for economic or marriage opportunities in Korea. 
 
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, Hong Kong, Guam, Australia, New Zealand, 
Canada and Western Europe.  Several 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 
 
SEOUL 00000587  003 OF 013 
 
 
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.  In total, FPU 
reported a total of 28 visa brokers/document forgers 
were arrested last year, an increase of 33 percent 
from 2005 (Refs F, G, H). 
 
9.  (SBU) B. (Cont.)  The National Assembly, the 
Ministry of Gender Equality and Family (MOGEF), the 
MOJ, 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 MOL as they 
give more attention to the labor aspects of 
trafficking in persons.  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 I).  During the last 
year, the MOJ convened the TWG meeting twice, once 
in late March (Ref J) and once in November (Ref K). 
During the meeting in November, the MOJ announced 
the formation of a joint law-enforcement task force 
that will work specifically on visa fraud and human 
trafficking.  Local USG law enforcement contacts 
reported an increase in information sharing and 
cooperation with the ROKG since the announcement. 
 
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.  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 2006, 
the government spent 18.5 billion won (USD 
18,950,000) on financial aid to victims and support 
centers.  Corruption was not reported to be a major 
problem. 
 
11.  (U) D.  The MOGEF engaged in efforts to monitor 
its anti-trafficking programs and periodically made 
available its assessments.  In April, the MOGEF 
released a comprehensive plan designed to integrate 
international brides and mixed-race citizens into 
Korean culture more effectively.  Included in the 
plan was an acknowledgement of concerns about 
marriage brokers and suggested regulations that the 
National Assembly could apply to these brokers.  The 
plan also included a number of provisions for 
services and support for international brides and 
mixed-race citizens. 
 
------------------------ 
PARAGRAPH 28: PREVENTION 
------------------------ 
 
12.  (U) A.  In 2006, the ROK acknowledged that 
trafficking was a problem to the extent that foreign 
women may be trafficked to areas surrounding 
military camps and Korean women to the U.S.  The MOL 
has yet to acknowledge trafficking concerns in the 
labor force, especially among foreign workers.  The 
MOL reported that over 1,800 migrant workers filed 
 
SEOUL 00000587  004 OF 013 
 
 
claims of delayed payment totaling 4.5 billion won 
(USD 4.6 million), although the actual number of 
employers who withheld payment was likely much 
higher.  Noting that there are an estimated 190,000 
illegal migrant workers in Korea, the UN Special 
Envoy on Human Rights of Migrants said it was likely 
that many of these workers human rights were not 
fully protected given their illegal status in the 
country.  During the parliamentary audit in October, 
over 81 percent of foreign workers were found to 
have been suffering from delayed payments, excessive 
working hours, dangerous working conditions or 
physical assault from employers. 
 
13.  (U) B.  The following government agencies were 
involved in anti-trafficking efforts:  Ministry of 
Justice; Supreme Public Prosecutor's 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.  The MOGEF managed a hotline that 
provided English, Russian and Chinese interpretation 
services and facilitated social, legal and medical 
assistance for victims.  The MOGEF carried out a 
widespread public information campaign against 
prostitution, placing 6,380 posters in 915 subway 
and train stations in major cities.  The MOGEF 
coordinated a media campaign that included seminars 
and movie and photo viewings to highlight the second 
anniversary of the country's anti-prostitution/anti- 
trafficking laws.  The KNPA distributed educational 
material to Korean and foreign women 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 in 
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 L).  Last year alone, over eleven 
thousand men 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) E.  During the reporting period, the MOGEF 
co-sponsored seminars with NGOs in four major 
metropolitan areas.  The government also continued 
 
SEOUL 00000587  005 OF 013 
 
 
to appoint an Ambassador-at-large for Women's Rights 
who worked extensively on human trafficking issues 
with civil society, NGOs and representatives from 
other countries.  The Ambassador was appointed for a 
one year term by the MOFAT.  (NOTE:  See paragraph 
52 for more information about the current Ambassador. 
END NOTE.). 
 
 
18.  (U) F.  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 International Airport. 
During the reporting period, immigration authorities 
at Incheon intercepted 3,829 persons suspected of 
traveling with fraudulent documents. 
 
19.  (U) G.  Fourteen government ministries 
coordinated their anti-trafficking efforts through a 
task force that met twice during the reporting 
period.  The government, NGOs and police also have 
joint consultative bodies in 12 regions to further 
coordinate local efforts.  In addition, the Korea 
Independent Commission Against Corruption (KICAC) 
worked to eliminate corruption in the government and 
private sector. 
 
20.  (SBU) H.  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.  In March 2004, the Planning 
Unit created a Master Plan on the Prevention of 
Prostitution.  The 2004 Anti-Prostitution/Anti- 
Trafficking Laws were a main component of this plan. 
 
------------------------------------------- 
PARAGRAPH 29: INVESTIGATION AND PROSECUTION 
------------------------------------------- 
 
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. 
 
SEOUL 00000587  006 OF 013 
 
 
 
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 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 
 
SEOUL 00000587  007 OF 013 
 
 
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 group 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.  Punishment of Labor Trafficking 
Offenses: Article 46 of the Employment Security Act 
included penalties for a person who placed, 
recruited or supplied labor, by means of violence, 
threat, detention or unlawful restraint against 
mental or physical freedom.  The prescribed 
penalties for trafficking for labor exploitation 
were imprisonment for up to five years and fines up 
to twenty million won (USD 20,476).  Article 6 of 
the Labor Standards Act stipulated that an employer 
shall not force a worker to work against his own 
free will through the use of violence, intimidation, 
confinement or by any other means which unjustly 
restrict mental or physical freedom.  Employers who 
violated this Article were subject to imprisonment 
of up to five years and a fine of up to thirty 
million won (USD 30,717). 
 
26.  (U) D.  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. 
 
27.  (U) E.  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 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 
 
SEOUL 00000587  008 OF 013 
 
 
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. 
 
28.  (U) E. (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. 
 
29.  (SBU) F.  According to 2006 MOJ statistics, an 
anti-prostitution crackdown in the fall booked the 
names of over 13,000 individuals for investigation. 
Of these, 2,001 individuals were indicted.  A 
similar crackdown was conducted in the summer months 
with comparable results.  In addition to the 
prostitution crack downs, the MOJ reported that 
there were 190 trafficking-related arrests during 
the year.  Of these 190 arrests, 36 were indicted 
and 25 received sentences.  Of the 25 who received 
sentences, 2 were fines, 1 was dismissed, 1 was 
referred to juvenile proceedings, and 21 were 
sentenced to imprisonment.  Of the 21 sentenced to 
imprisonment, 10 received suspended sentences.  For 
those whose sentences were not suspended, the 
remaining 11, the sentence of imprisonment ranged 
from one year and three months to six years.  The 
average sentence was three years. 
 
30.  (SBU) G.  Police sources said transnational 
traffickers were based in the U.S., Korea, or 
elsewhere in Asia.  Most sources said that the 
traffickers are individuals or small groups of 
people working with similarly small groups in other 
countries.  There was increasing concern that some 
international marriage brokers were using fraud in 
their methods which may have put some women in a 
trafficking situation, despite the honest intentions 
of the marriage-seeking Korean husband.  Many of 
these brokers failed to provide accurate information 
about either spouse, or a lack of qualified 
interpretation prevented the couples from making 
informed decisions when choosing a spouse.  During a 
visit to Korea in December 2006, the UN Special 
Envoy on Human Rights of Migrants, Jorge Bustamante, 
said that the international marriage phenomenon in 
Korea had some of the characteristics of trafficking. 
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. 
 
31.  (SBU) H.  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 of credit cards and undercover 
investigations.  The MOL relied on its force of 
labor inspectors to look out for possible 
trafficking, but many employers at smaller companies 
 
SEOUL 00000587  009 OF 013 
 
 
still routinely withheld the passports of foreign 
workers as a matter of habit.  During the reporting 
period, the MOL increased the number of inspections 
by 18 percent to a total of 17,700 inspections. 
 
32.  (U) I.  The Supreme Prosecutor's Office (SPO) 
provided training at the Legal Research and Training 
Institute to prosecutors focused on human 
trafficking or crimes of violence, police 
authorities who handled violent crimes, and others 
who worked on anti-trafficking operations.  The KNPA 
also provided training on intelligence gathering and 
investigative methods through courses offered at the 
Police Comprehensive Academy and the National 
Scientific Criminal and Investigation Laboratory. 
Labor inspectors are trained to look for evidence of 
forced labor. 
 
33.  (SBU) J.  The ROKG cooperated with other 
governments through the Act on International 
Judicial Mutual Assistance in Criminal Matters and 
the Extradition Act.  Police cooperated with the 
Embassy during the course of international 
trafficking and visa-broker investigations. 
Following meetings in Washington in December, the 
KNPA announced that they will send police officers 
to work with the FBI in the United States on a task 
force to combat human trafficking from the ROK.  The 
ROK also participated in international organized 
crime prevention seminars in Japan and Kazakhstan 
during the year. 
 
34.  (SBU) K.  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. 
 
35.  (U) L.  There was no evidence of government 
involvement in or tolerance of trafficking. 
 
36.  (U) M.  There was no evidence of government 
involvement in trafficking. 
 
37.  (SBU) N.  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. 
 
38.  (U) O.  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 30: PROTECTION AND ASSISTANCE TO VICTIMS 
----------------------- --------------------------- 
 
SEOUL 00000587  010 OF 013 
 
 
 
39.  (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 
facilities:  (1) general assistance facilities, 
which provide board and housing for up to 18 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 also engage in the rescue of sex-trade victims. 
In 2006, there were 25 general shelters, 16 shelters 
for teenage victims, three shelters for foreign 
nationals, three rehabilitation shelters, five group 
homes and 27 counseling centers.  The MOGEF also 
operated a Center for Women's Human Rights to 
provide overall coordination and assistance to 
trafficking prevention facilities. 
 
40.  (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. 
 
41.  (U) B.  The ROKG financially supported 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 covered by various rehabilitation 
funds.  During 2006, centers specifically designated 
for foreign victims recorded 102 cases of legal 
support, 130 cases of medical support, 1,282 cases 
of counseling support and 126 cases of educational 
support. 
 
42.  (U) C.  If classified as a victim of the sex- 
trade, a person would be referred to the MOGEF- 
supported shelter or support facility.  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. 
 
43.  (U) D.  ROK law stipulated that victims of 
trafficking were to be treated as victims, not 
criminals. The law further specified that 
deportation orders for foreign victims of 
 
SEOUL 00000587  011 OF 013 
 
 
trafficking who reported a trafficking offense were 
to be suspended until the conclusion of the 
investigation or until their claims were redressed. 
The 2004 Anti-Prostitution/Anti-Trafficking Laws 
specifically define a trafficking victim as someone 
who is forced into sexual exploitation.  Under 
existing labor laws, there was no specific 
definition of labor trafficking so the vast majority 
of ROK government, civil and even NGO groups did not 
consider forced labor to be a trafficking offense. 
This narrow definition of trafficking limited the 
attention and therefore action of the ROKG in the 
labor sector. 
 
44.  (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. 
 
45.  (U) F.  The Act on the Protection of Reporters 
and Associated Persons of Specific Crime stipulated 
that, when the court or other legal 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.  (Cont.)  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 
central and regional government officials in 2006. 
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 
 
SEOUL 00000587  012 OF 013 
 
 
policies.  The training was delivered through four 
sessions with a total of 145 attendees.  Separate 
training was given to the KNPA over two sessions. 
99 employees of the KNPA attended these two sessions. 
 
48.  (U) G. (Cont.)  The ROKG reported in 2006 that 
its embassies and consulates did not support victims 
of human trafficking, or NGOs that assisted 
trafficking victims. 
 
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, 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. 
 
--------------------------------------- 
PARAGRAPH 31:  NOMINATION OF TIP HEROES 
--------------------------------------- 
 
51.  (U) Ms. Cho Young-sook currently works as the 
President of the Center for Women's Human Rights 
(CWHR) in Korea.  The center's mission is to 
"eradicate sexual exploitation as a part of national 
efforts to achieve gender equality in Korean 
society."  CWHR also develops programs for 
prostitution and trafficking victims' recovery and 
social reintegration and for advocacy of victims' 
human rights.  A long-time activist for women's 
rights in Korea, Cho was one of the leading 
supporters of the comprehensive Anti- 
Prostitution/Anti-Trafficking Laws that were passed 
in 2004.  Prior to becoming the President of CWHR, 
Cho served as the Secretary General of the Korea 
Women's Association United for over a decade.   Ms. 
Cho was vetted through CLASS and has no hits. 
 
52.  (U) Ms. Kang Geum-shil served as the only 
female Minister of Justice in Korea's history from 
February 2003 to July 2004.  It was during this 
period that Korea debated and eventually passed the 
sweeping Anti-Prostitution/Anti-Trafficking Laws 
that are the basis for Korea's efforts in these 
areas today.  In addition to Ms. Kang's efforts to 
support the 2004 laws, she is currently serving her 
second term as Korea's Ambassador-at-large for 
Women's Human Rights.  In this capacity, Ms. Kang is 
focusing her efforts on ensuring that the foreign 
brides increasingly coming to Korea are treated 
fairly and equally under the law and in society.  Ms. 
Kang traveled to Vietnam to personally meet with 
NGOs to ensure that Vietnamese women interested in 
marrying Korean men were well informed and better 
prepared to adapt to a new life in Korea.  By 
helping to educate foreign brides, Ms. Kang hopes to 
eliminate concerns of human trafficking related to 
international marriage in Korea.  Ms. Kang was 
vetted through CLASS and has no hits. 
 
SEOUL 00000587  013 OF 013 
 
 
 
------------------------------------------ 
PARAGRAPH 32:  NOMINATION OF BEST PRACTICE 
------------------------------------------ 
 
53.  (U) Started in 2005, the Employment Permit 
System (EPS) is a highly structured method for ROKG 
to utilize and protect foreign migrant workers for 
up to a three-year stay in Korea.  Replacing the 
prior system known as the Employment Trainee System, 
EPS begins with a Memorandum of Understanding (MOU) 
between the sending country and Korea.  Although the 
specific contents of the MOU are not public, it is 
said to include strict guidelines on how workers are 
recruited and dispatched to Korea.  Under the prior 
trainee system, a third-party organization was 
responsible for the administration of the program 
which was fraught with high fees and corruption on 
the part of sending countries.  Under EPS, sending 
governments are subjected to a high-level of public 
scrutiny and can be banned from the program if 
"irregularities" are reported.  There are currently 
10 countries participating in the program with 
another five set to join in 2007.  Korea is planning 
to bring in over 100,000 foreign workers this year 
under the EPS program to complement and partially 
replace the nearly 150,000 workers already in the 
program.  Upon arrival in Korea, foreign workers are 
given a three-day orientation that includes an 
explanation of workers' rights and Korean labor law. 
The workers are also given contact information to 
report any concerns about labor or human rights 
violations.  Along with EPS, the Ministry of Labor 
funds two well-staffed Migrant Workers Centers to 
support the large number of foreign workers, the 
second of which opened in December 2006.  The 
centers provide a number of welfare services 
including free health and legal support in addition 
to quality-of-life services such as language and 
computer classes.  The centers also staff a call 
center of bilingual counselors who take calls from 
migrant workers and help to resolve any complaints 
against employers in 12 different languages. 
 
---------------------------------------- 
EMBASSY POINT OF CONTACT AND TIME REPORT 
---------------------------------------- 
 
54.  (SBU) Mission point of contact for TIP issues 
is Political Officer David Moyer, tel. 82-2-397-4158, 
fax 82-2-733-4791.  In the drafting of this report, 
Embassy Seoul spent approximately 185 hours 
researching trafficking issues and coordinating with 
contacts.  This total includes: 
 
Ambassador: 1 hour 
DCM: 1 hour 
MC/POL: 1 hour 
03-level POL: 2 hours 
04-level POL: 176 hours 
04-level CON: 4 hours (visa broker reports) 
 
VERSHBOW