Courts Raise Judgment Standards, Intensifying Penalties for Prostitution Brokers

Courts are increasing the severity of punishments for prostitution brokering. This is because the judgment standards applied by courts have become stricter across the board, covering acts of intermediation, or providing venues and funds, under the 'Act on the Punishment of Acts of Prostitution Brokering, etc.' Property owners or landlords who continue to provide premises for prostitution after becoming aware of its use now face the possibility of punishment, a standard confirmed by Supreme Court precedents.

Individuals who broker prostitution for profit face imprisonment of up to seven years or fines of up to 70 million won. Penalties can be heavier if the prostitution brokering is organized, involves violence or threats, targets minors, or is combined with human trafficking. Proceeds from prostitution brokering crimes are subject to confiscation and forfeiture. Recently, acts of prostitution brokering using social media, open chat rooms, Telegram, and internet cafes are also subject to crackdown.

At the time the 'Act on the Punishment of Acts of Prostitution Brokering, etc.' was enacted, a constitutional appeal was filed arguing that merely leasing property excessively infringed on property rights. The Constitutional Court ruled that providing a building while knowing it would be used for prostitution facilitates prostitution and allows for economic gain. The Constitutional Court recognized the constitutionality of the law, judging that prostitution must be understood not as a matter of simple individual choice but within a structure of exploitation and violence, and that state regulation is sufficiently necessary.