최근의 성매매피해자 개념 확대 논의에 대한 검토

This study analyzes the prostitution victim related articles in current laws indetail, points out the issues of it from the perspective of interpretation theory andlegislation theory and suggest an improvement plan; while focusing on theexpansion of articles on the prostitution victims. For this, followings aresuggested to expand the concept of the four types prostitution victims defined inArticle 2-1-4 of Prostitution Punishment Act. First, this study suggests adding‘suggestion or enticement’ and deleting ‘coercion’ to the ‘persons who wereforced to perform prostitution by methods of deceptive scheme, force or othersimilar methods’. Second, this study suggests making ‘juveniles’ as anindependent item and deleting ‘Presidential Decree’ reference in the ‘juveniles,persons who do not have capability of decision making or proper discriminationand persons with serious disability as defined in the Presidential Decree, whowere helped or enticed to perform prostitution’. Third, this study suggests adding‘adult’ to the ‘persons who became the victim of human trafficking for thepurpose of prostitution’. Next, according to the whole revision legislative bill on ProstitutionPunishment Act motioned by National Assembly Woman Nam In-sun onSeptember 12th 2013 (Bill no. 6803), all female prostitutes are to be identifiedas prostitution victims and they would not become liable to any criminalpunishment; however, this study examines the properness of this revision billfrom critical point of view. As last, the discussion in this study will close by reviewing and evaluating therequest for Constitution violation examination on Article 21-1 of Prostitution Punishment Act raised by Seoul Northern District Court on December 13th 2012(Case no. 2012-gojeong-2220), which was received on January 4th 2013 (Caseno. 2013-heonga-2 ) and is under deliberation now.