성매매처벌법의 처벌조항에 관한 헌법적 검토 - 2013헌가2 사건을 중심으로 -

In addition to the various policies and opinions on sex trade, decriminalization or legalization of voluntary sex trade is being heavily discussed. Therefore, the Constitutional Court's decision on the punishment claus in the Act on the Punishment of Intermediating in sex trade is attracting a great deal of attention. While waiting for the Constitutional Court's decision, it is important to determine rather sex can be a method of trade and should consider that a voluntary sex trade is closely related to social structure. Thus, unlikely to the crime of sexual intercourse under pretence of marriage and adultery, sex trade has provision which cannot be judged by the concept of sexual self determination. Korea has a patriarchal social structure, and is a capitalist state where prostitution is widespread. Under such circumstances, it is difficult to determine voluntary sex. Moreover, voluntary sex may not even exist. Determining voluntary sex only by external conditions may increase prostitution victims and cause severe problems. The Act on the Punishment of Intermediating in sex trade is legislated to protect moral and customary, grant human dignity of sex workers and should work as a border line. Therefore, decision of unconstitutionality on the Act on the Punishment of Intermediating in sex trade is not yet ready.