Prostitution Offense

1. Digital-based proliferation

Arranged-encounter brokering apps and SNS-based arrangement have sharply increased, and enforcement by investigative authorities is trending toward being strengthened with a focus on non-face-to-face channels.

2. Increase in crimes targeting youth

Prostitution offenses entangled with violations of the Act on the Protection of Children and Youth against Sexual Abuse are increasing, so heavier responsibility is imposed on offenders.

3. Strengthened enforcement at prostitution venues

Enforcement against the provision of venues using massage shops, lodging establishments, and the like is expanding nationwide, and joint investigations combined with other laws such as the Public Health Control Act and the Food Sanitation Act are also conducted.

4. A shift from a punishment focus to a victim-protection focus

Under the Act on the Prevention of Prostitution and Protection of Victims, support for protection and recovery programs is also being provided in parallel for women who are victims of prostitution.

1. Give Statements With Care

When questioned on a prostitution charge, statements should be made carefully.

Before giving a statement, it is advisable to first review the following points.

1. In Cases of Coerced or Threatened Prostitution

If the conduct amounts to coerced prostitution, the following measures should be taken.

-Report to the police immediately (112)
-Seek counseling or protection from a support facility for prostitution victims
-Preserve evidence on your smartphone (recordings, messages, video, and the like)

2. When You Are Concerned That You May Also Be Punished

A victim of prostitution is not punished.

▶What Is a Victim of Prostitution?

-A person coerced into prostitution through deceit, force, or similar means
-A person who engaged in prostitution while addicted to narcotics, psychotropic substances, cannabis, or the like by a guardian, employer, or others
-A person with limited capacity to resist, such as a minor or a person with a disability, who was lured, deceived, or arranged
-A person trafficked for the purpose of prostitution

3. Preventing Secondary Harm Arising From Prostitution Victimization

Victims of prostitution may be exposed to secondary harm, such as social stigma, disclosure of personal information, and threats by acquaintances

In such cases, a response can be made through the following organizations

-Prostitution victim counseling centers, the women's emergency hotline, and Sunflower Centers

This section examines how to address harm from prostitution.

✅ How to Report

-Note:

Counseling center personnel and others who become aware of a prostitution-related offense have a legal duty to report it to the investigative authorities without delay.

Anyone who disadvantages a reporter or discloses a reporter's identity may face a fine of up to 5 million won.

✅ Counseling Organizations

-Prostitution victim counseling centers
-Sunflower Centers
-Women's Emergency Hotline 1366

✅ Filing a Complaint Against the Offender

-Persons entitled to file a complaint: the victim, the victim's legal representative, and (if the victim has died) the spouse, lineal relatives, or siblings
-Method of filing: an oral statement before the police or prosecution, or submission of a written complaint
-Exception: a lineal ascendant of oneself or one's spouse may also file a complaint (limited to sexual offenses)

✅ Claiming Damages

1. Compensation Order Within Criminal Proceedings

-A procedure allowing civil compensation to be obtained conveniently during the criminal trial
-When submitting the application, attach copies corresponding to the number of opposing defendants
-For a foreign victim, forced deportation is prohibited until the compensation order becomes final

2. Damages Through Civil Litigation

-Consolation money, medical expenses, and the like may be claimed
-Extinctive prescription:
three years from the date on which the victim or the legal representative became aware of the offender and the harm

ten years from the date the offense occurred

For a minor, the prescription period does not run until the minor reaches the age of majority

*If the victim is a foreign national, separate protective measures and special compensation provisions apply, so a legal response is possible without concern over immigration status.

1. Analyzing Whether Consideration Was Present

-If the 'consideration' in the form of money or a financial benefit is unclear, whether the elements of prostitution are satisfied may itself be contested
-It may be argued that the parties were in a romantic relationship or that the conduct was an everyday courtesy, such as providing a meal or transportation

2. Severing Any Link With an Arranger or Accomplice

-It must be emphasized that the person was a mere user, and it must be shown that there was no active conduct such as arranging or providing a venue
-Because the charge of arranging carries a heavier sentence, any interpretation of an accomplice relationship must be clearly distinguished

3. Arguing for the Exclusion of Illegally Obtained Evidence

-If chat-app forensic data, CCTV footage, call recordings, or the like were collected without a warrant, it may be argued that they constitute illegally obtained evidence and should be excluded as inadmissible

4. A Leniency Strategy Using First-Offender Status

-Submit a letter of reflection, proof of attendance at recidivism-prevention education, a record of voluntary reporting, and the like, and request leniency
-Seek a disposition such as suspension of indictment, a summary order, or a fine

5. Responding to Electronic Device Forensics

-Because whether to consent to forensic examination of a mobile phone relates to the suspect's right of defense, advise the suspect so that the decision can be made carefully
-Manage the matter so that the investigation does not expand to other offenses

1. Legal Assessment of Whether the Person Qualifies as a Victim of Prostitution

-Confirm whether grounds such as deceit, force, fraud, luring, or human trafficking are present
-If victim status is recognized, exemption from punishment and protective measures may apply

2. Connection to Protective Facilities and Counseling Organizations

-Coordinate with prostitution victim counseling centers, Sunflower Centers, the Women's Emergency Hotline 1366, and the like to provide immediate protection and treatment support

3. Filing a Criminal Complaint and Preparing Statements

-Prepare the written complaint and accompany the victim when giving statements to the investigative authorities
-Develop a statement strategy that anticipates the possibility of threats or inducement by the offender

4. Pursuing a Claim for Damages

-Apply for a compensation order during the criminal trial or file a separate civil action
-Claim compensation for medical expenses, consolation money, future treatment costs, and mental suffering

A prostitution offense can lead to very serious consequences that go beyond the question of punishment, including a criminal record, social stigma, and effects on livelihood and employment.

Because the legal and psychological burden of such a case is difficult to bear alone, securing the assistance of a law firm so that a suspect may fully protect the right of defense and a victim may fully protect their rights is a safe and advantageous response.

At this firm, attorneys experienced in sexual offense matters work in close collaboration with the Evidence Investigation Center and specialists at the Digital Forensics Center to accurately determine the facts of the case and provide a strategic legal response tailored to the respective circumstances of the suspect and the victim.

To minimize the disadvantages arising from a prostitution offense and to have your rights fully protected, please consult with an attorney now.