A Study on the Non-Criminalization of Voluntary Prostitution for the PROTECTION of Sex Moral

Abstract

The fundamental question to reflect on sex trade is whether it is the sex trade itself or the various laws, systems and concepts that regulate sex trade that are serious and dangerous to women's human rights. It has not been historically proven that the policy of criminalizing sex trade is effective in reducing or eradicating it. Rather, it would be said that the criminalization policy against prostitution is causing the formation of another system of suppressing women in prostitution. After a brief review of each country's legislative history on the regulation of prostitution and the legislation policies on prostitution, the problems of the Sex Trade Punishment Act were reviewed focusing on the above decision. First of all, the current law on the punishment of prostitution in Korea is not completely prohibited nor legal regulatory, but a half-hearted form. The purpose of the law on the punishment of prostitution seems to be "banal," but it defines sex sellers as "a kind of victim of prostitution." The reality is that there is no legal or institutional measure to follow up on the sex trade. It is also a ambiguity of its purpose. Sound sexuality and morality are determined on the basis of the general not only of members of society, but also of very abstract, ideological, and obscure concepts that change according to times, places, circumstances and values, and even how one can define them is questionable. The Sex Trade Punishment Law uses the National Penalty Act to secure the sex trend, and solving immoral and antisocial behavior by punishment changes according to changes in social values, and even if the standard is vague, the state cannot exercise its penal rights based on moral values, and even if it recognizes the protection law of sexuality, it is difficult to see the grave danger of sexuality, which is the protection law.