Article 10 [Dignity, Pursuit of Happiness]
All citizens shall be assured of human worth and dignity and have the right to pursue happiness. It shall be the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals.
Article 12 [Personal Liberty, Personal Integrity]
(1) All citizens shall enjoy personal liberty. No person shall be arrested, detained, searched, seized, or interrogated except as provided by Act. No person shall be punished, placed under preventive restrictions, or subject to involuntary labor except as provided by Act and through lawful procedures.
(2) No citizen shall be tortured or be compelled to testify against himself in criminal cases.
Article 15 [Occupation]
All citizens shall enjoy freedom of occupation.
Article 32 [Work]
(1) All citizens shall have the right to work. The State shall endeavor to promote the employment of workers and to guarantee optimum wages through social and economic means and shall enforce a minimum wage system under the conditions as prescribed by Act.
(2) All citizens shall have the duty to work. The State shall prescribe by Act the extent and conditions of the duty to work in conformity with democratic principles.
(3) Standards of working conditions shall be determined by Act in such a way as to guarantee human dignity.
(4) Special protection shall be accorded to working women, and they shall not be subjected to unjust discrimination in terms of employment, wages, and working conditions.
(5) Special protection shall be accorded to working children.
(6) The opportunity to work shall be accorded preferentially, under the conditions as prescribed by Act, to those who have given distinguished service to the State, wounded veterans and policemen, and members of the bereaved families of military servicemen and policemen killed in action. Republic of Korea Constitution
Article 242 (Arranging for Prostitution)
A person who induces, entices, or procures a person to engage in sexual intercourse for gain shall be punished by imprisonment for not more than three years or by a fine not exceeding fifteen million won.
Article 274 (Hard labor by child)
A person who delivers a child under sixteen years of age who is under his protection or supervision over to a proprietor or his operator who will employ the child in such hard work as is dangerous to life or body, shall be punished by imprisonment for not more than five years. The same shall apply to the other participant who hires a child for such purpose.
Article 276 (False Arrest, Illegal Confinement, Those on Lineal Ascendant)
(1) A person who illegally arrests or confines another, shall be punished by imprisonment for not more than five years, or a fine not exceeding seven million won.
(2) When the crime as referred to in paragraph (1) is committed on the lineal ascendant of the offender or one's spouse, one shall be punished by limited imprisonment for not more than ten years, or a fine not exceeding fifteen million won.
Article 277 (Aggravated False Arrest, Aggravated Illegal Confinement, Those on Lineal Ascendant)
(1) A person who illegally arrests or confines another, thereby treating that person cruelly, shall be punished by imprisonment for not more than seven years.
(2) When the crime of the preceding paragraph is committed on the lineal ascendant of the offender or of one's spouse, one shall be punished by limited imprisonment for at least two years.
Article 278 (Special False Arrest or Illegal Confinement)
When a crime prescribed in any provision of the preceding two Articles is committed by means of the threat of collective force or by carrying a dangerous weapon, the perpetrator shall be punished by aggravating the penalty by up to one half of the penalty specified for the relevant crime.
Article 287 (Kidnapping or Abduction of Minors)
A person who obtains and maintains a minor under the control of his/hers or a third person by means of the threat, use of force or other forms of coercion, or by means of fraud, deception or enticement shall be punished by imprisonment for not more than ten years. [This Article Wholly Amended by Act No. 11731, Apr. 5, 2013]
Article 288 (Kidnapping, Abduction, etc. for Purpose of Indecent Acts, etc.)
(1) A person who obtains and maintains another under the control of his/hers or a third person by means of the threat, use of force or other forms of coercion, or by means of fraud, deception or enticement for the purpose of engaging in an indecent act, sexual intercourse or marriage, or for gain shall be punished by imprisonment for at least one year up to ten years.
(2) A person who obtains and maintains another under the control of his/hers or a third person by means of the threat, use of force or other forms of coercion, or by means of fraud, deception or enticement for the purpose of labor exploitation, sex trafficking, sexual exploitation, or the acquisition of organs, shall be punished by imprisonment for at least two years up to fifteen years.
(3) The preceding paragraph shall apply to a person who obtains and maintains another under the control of his/hers or a third person by means of the threat, use of force or other forms of coercion, or by means of fraud, deception or enticement for the purpose of transporting him/her out of the Republic of Korea, or a person who transports such a victim out of the Republic of Korea. [This Article Wholly Amended by Act No. 11731, Apr. 5, 2013]
Article 289 (Trafficking in Persons)
(1) A person who buys or sells another shall be punished by imprisonment for not more than seven years.
(2) A person who buys or sells another for the purpose of engaging in an indecent act, sexual intercourse, marriage, or for gain, shall be punished by imprisonment for at least one year up to ten years.
(3) A person who buys or sells another for the purpose of labor exploitation, sex trafficking, sexual exploitation, or the acquisition of organs shall be punished by imprisonment for at least two years up to fifteen years.
(4) The preceding paragraph shall apply to a person who buys or sells another for the purpose of transporting him or her out of the Republic of Korea, or a person who transports a purchased person out of the Republic of Korea. [This Article Wholly Amended by Act No. 11731, Apr. 5, 2013]
Article 290 (Inflicting or Causing Another's Bodily Injury while in Kidnapping, Abduction, Trafficking in Persons, Transportation, etc.)
(1) A person who commits any of the crimes of Articles 287 through 289, thereby inflicting the injury of a victim of such crime, shall be punished by imprisonment for at least three years up to twenty-five years.
(2) A person who commits any of the crimes of Articles 287 through 289, thereby causing the injury of a victim of such crime, shall be punished by imprisonment for at least two years up to twenty years. [This Article Wholly Amended by Act No. 11731, Apr. 5, 2013]
Article 291 (Killing Another or Causing Death of Another while in Kidnapping, Abduction, Trafficking in Persons, Transportation, etc.)
(1) A person who commits any of the crimes of Articles 287 through 289, thereby killing a victim of such crime, shall be punished by death or imprisonment for life or for at least seven years.
(2) A person who commits any of the crimes of Articles 287 through 289, thereby causing the death of a victim of such crime, shall be punished by imprisonment for life or for at least five years. [This Article Wholly Amended by Act No. 11731, Apr. 5, 2013]
Article 292 (Receiving, Harboring, etc. of Person Kidnapped, Abducted, Trafficked, or Transported)
(1) A person who receives or harbors a victim of any of the crimes of Articles 287 through 289, shall be punished by imprisonment for not more than seven years.
(2) The preceding paragraph shall apply to a person who recruits, transfers or delivers another with the intent to commit any of the crimes of Articles 287 through 289. [This Article Wholly Amended by Act No. 11731, Apr. 5, 2013]
Article 294 (Attempts)
Attempts to commit any of the crimes of Articles 287 through 289 and Articles 290 (1), 291 (1) and 292 (1) shall be punished. [This Article Wholly Amended by Act No. 11731, Apr. 5, 2013]
Article 296 (Preparations or Conspiracies)
A person who makes preparations or conspires with the intent to commit any of the crimes of Articles 287 through 289 and Articles 290 (1), 291 (1) and 292 (1), shall be punished by imprisonment for not more than three years. [This Article Wholly Amended by Act No. 11731, Apr. 5, 2013] Republic of Korea Criminal Act
Article 6 (Prohibition of Forced Labour)
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.
Article 110 (Penal Provisions)
A person who has violated the provisions of Article 6, 7, 8, 30(1) and (2), or 39 shall be punished by imprisonment for less than five years or by a fine not exceeding thirty million won.Republic of Korea Labour Standards Act
2. Enslaving other person
Article 10 (War crime against humanity)
Any person who kills a person under the protection of international law on humanity related to international or non-international armed conflicts (Domestic disturbance or tension such as riots or scattered violence in local areas are excluded; hereinafter the same shall apply) shall be subject to capital punishment, imprisonment for life or no less than 7 years.
Any person who commits any following cat related to international or noninternational armed conflicts shall be subject to imprisonment for life or no less than 5 years.
3. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, and any other form of sexual violence to any person who is protected by the International Criminal Court Statue on humanity.
Any person who commits any of following acts related to international or noninternational armed conflict shall be punished by imprisonment for no less than 3 years.
Article 2 (Definitions)
1) The term "sexual crime" used in this Act means:
1. A crime falling under Article 242, 243, 244 or 245 of the Criminal Act among the crimes concerning sexual morals prescribed in Chapter XXII of Part II of the same Act;
2. Among the crimes of kidnapping, abduction, and trafficking provided for in Chapter XXXI of PART II of the Criminal Act, a crime falling under Article 288 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; or a crime falling under Article 289 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; a crime falling under Article 290 (limited to cases where a person commits a crime provided for in Article 288 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; or a crime provided for in Article 289 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, and thereby inflicting injury on a victim, or causing the injury of a victim, who has been kidnapped, abducted, or trafficked); a crime falling under Article 291 (limited to cases where a person commits a crime provided for in Article 288 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; or a crime provided for in Article 289 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, and thereby killing a victim, or causing the death of a victim, who has been kidnapped, abducted, or trafficked); a crime falling under Article 292 (limited to cases where a person commits a crime of taking or concealing a victim who has been kidnapped, abducted, or trafficked as a result of a crime provided for in Article 288 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, or a crime provided for in Article 289 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; or cases where a person recruits, transfers, or delivers another with the intent to commit a crime provided for in Article 288 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, or a crime provided for in Article 289 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation); and a crime falling under Article 294 (limited to an attempt to commit a crime provided for in Article 288 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; or an attempt to commit a crime provided for in Article 289 for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; an attempt to commit a crime provided for in Article 290 (1) caused by a crime under Article 288 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, or a crime under Article 289 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; or an attempt to commit a crime provided for in Article 291 (1) caused by a crime under Article 288 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, or a crime under Article 289 committed for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation; and an attempt to commit a crime of taking or concealing a victim, who has been kidnapped, abducted, or trafficked, for the purpose of indecent act, sexual intercourse, or sex trafficking and sexual exploitation, among attempts to commit a crime provided for in Article 292 (1));
3. A crime falling under Article 297, 297-2, 298, 299, 300, 301, 301-2, 302, 303 or 305 among the crimes concerning rape and infamous conduct prescribed in Chapter XXXII of Part II of the Criminal Act;
4. A crime falling under Article 339 of the Criminal Act;
5. A crime falling under any of Articles 3 through 15 of this Act.
(2) Any crime referred to in paragraph (1), subject to any aggravated punishment under any other Act, shall be deemed a sexual crime.
Article 6 is aimed at stemming prostitution, protecting the victims of forced prostitution, and assisting former prostitutes in rehabilitation. It has resulted in improved support facilities with medical assistance, vocational training, and legal assistance.
Article 6 aims to prevent prostitution and eliminate the link between the demand and supply in sex trafficking by strengthening punitive measures on various sex-related crimes such as human trafficking, forced prostitution, and solicitation.
Article 26-2 (Prohibition of Acts Harmful to Juveniles): No one shall perform the act falling under each of the following subparagraphs: The act of having juveniles sexually entertain through their physical contacts and the exposure of their sexual organs for the purpose of making profits, and other act of arranging such lascivious things; The act of having juveniles drink with clienteles or entertain such clienteles songs and dance, and other act of arranging such entertaining things for the purpose of making profits; The act of having juveniles perform the lascivious act for the purpose of making profits or entertainment; The act of showing the physically deformed parts of juveniles to the public for the purpose of making profits or entertainment; The act of having juveniles beg for money or goods or using them as a means to beg for money or goods; The act of abusing juveniles; The act of having juveniles lure customers on the street for the purpose of making profits; The act of disrupting public morality by permitting male and female juveniles to sleep on the same beds and other act of providing a place to that end; and Deleted [by Act No. 6261, Feb 3, 2000] {This Article Newly Inserted by Act No. 5817, Feb 5, 1999}
Article 49-2 (Penal Provisions) Any person who has violated the provisions of subparagraph 1 of Article 26-2, shall be punished by imprisonment with prison labor for not less than one year, but not more than 10 years.[This Article Newly Inserted by Act No. 5817, Feb 5, 1999]
Article 49-3 (Penal Provisions) Any person, who has violated the provisions of subparagraph 2 or 3 of Article 26-2, shall be punished by imprisonment with prison labor for not more than 10 years.[This Article Newly Inserted by Act No. 5817, Feb 5, 1999]
Article 49-4 (Penal Provisions) Any person who has violated subparagraphs 4 through 6 of Article 26-2, shall be punished by imprisonment with prison labor for not more than 5 years.[This Article Newly Inserted by Act No. 5817, Feb 5, 1999]
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