[Aju News DB ]
South Korea's constitutional court on Thursday rejected a rare petition seeking to repeal an anti-prostitution law which was enacted 12 years ago to punish both purchasers and sellers of sex.
The law was introduced in 2004, calling for a one-year prison term or a fine of three million won (2,521 US dollars) for both purchasers and sellers of sex.
The court ruled in a 6-3 vote that the law carries "legitimate purposes" as it will establish "a sound sex morality" by criminalising sex trade which can rise further without criminal charges.
Even voluntary prostitution could violate the autonomy of sex workers by commercializing human sexuality, it said, describing prostitution as violent and exploitative in its nature.
At the center of debate was whether prostitution should be accepted as a profession. Voluntary or unobligated sex workers have accused the law of infringing on their vocational rights.
Realmeter, an opinion research body, said in a survey of 538 adults that 43.2 percent supported the petition while 37.4 percent opposed it.
Supporters of the law insist prostitution must be banned as it humiliates women and damages public morals.
The government stands firm on its stance that any commercial sex trade should be punished. There have been a series of crackdowns on prostitution and sex trade, resulting in the closure of many brothels in South Korea.
Amnesty International, however, has argued that decriminalising all forms of consensual sex work was the best way to defend sex workers' rights, as it will encourage governments to introduce specific laws and policies that regulate sex work more effectively.
Chung Kwan-young, a lawyer representing prostitutes, has argued that the law goes against the principle of "minimal intervention" as it punishes a voluntary choice made by adults.
Kim Kang-ja, a former police station chief, has sided with sex workers saying the law pushed sex workers to places where their rights were often abused by pimps or buyers.
She called for the legalization of prostitution saying crackdowns have sent sex trade further underground where it is more difficult to regulate.
After the law was enacted, new forms of sex trade have emerged in South Korea, operating in unconventional places such as residential buildings and Internet cafes.
Aju News Lim Chang-won = cwlim34@ajunews.com
reporter
Park Sae-jin
swatchsjp@ajunews.com
