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Viewing cable 09SEOUL332, NINTH ANNUAL TRAFFICKING IN PERSONS REPORT SOUTH

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Reference ID Created Released Classification Origin
09SEOUL332 2009-03-03 08:28 2011-08-26 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Seoul
VZCZCXRO7592
RR RUEHVC
DE RUEHUL #0332/01 0620828
ZNR UUUUU ZZH
R 030828Z MAR 09
FM AMEMBASSY SEOUL
TO RUEHC/SECSTATE WASHDC 3453
INFO RUEHBK/AMEMBASSY BANGKOK 7856
RUEHBJ/AMEMBASSY BEIJING 5306
RUEHML/AMEMBASSY MANILA 9136
RUEHMO/AMEMBASSY MOSCOW 9241
RUEHKO/AMEMBASSY TOKYO 5414
RUEHUM/AMEMBASSY ULAANBAATAR 1773
RUEHSH/AMCONSUL SHENYANG 3951
RUEHVC/AMCONSUL VANCOUVER 0190
RUEHIN/AIT TAIPEI 2960
RHEFHLC/DEPT OF HOMELAND SECURITY WASHDC
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUACAAA/COMUSKOREA INTEL SEOUL KOR
RUEHC/DEPT OF LABOR WASHINGTON DC
RHMFISS/COMUSKOREA J5 SEOUL KOR
RHEHNSC/NSC WASHINGTON DC
UNCLAS SECTION 01 OF 08 SEOUL 000332 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G-ACBLANK, INL, DRL, PRM, EAP/RSP 
 
E.O. 12958: N/A 
TAGS: KS KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
KTIP 
SUBJECT: NINTH ANNUAL TRAFFICKING IN PERSONS REPORT SOUTH 
KOREA SUBMISSION PART 2 
 
REF: SECSTATE 132759 
 
33.  (U) H. The Korean government can extradite persons 
charged with or investigated in connection with trafficking 
crimes in other countries according to relevant reciprocity 
or extradition treaties.  There were, however, no such cases 
during the reporting period. 
 
34.  (U) I. There is no evidence to suggest government 
tolerance of trafficking. 
 
35.  (U) J. There were no trafficking incidents involving 
Korean government officials reported during this period.  A 
government-affiliated NGO pointed out that there have been 
cases of government officials involved in soliciting 
prostitution in massage parlors and bars.  These individuals 
typically received only very light punishment.  The incidents 
prompted this NGO to call for a code of ethics for government 
officials, more stringent punishment, and the disclosure of 
the offenders' names.  Whether or not the prostitutes 
involved were trafficking victims is unknown. 
 
36.  (U) K. Prostitution is criminalized in Korea. Laws that 
were enacted in 2004 provide for penalties for those who 
engage in prostitution whether it be the prostitute, owner, 
client, or pimp.  In 2008, there was a severe crack down on 
red-light districts.  While the exact number of red light 
districts in Korea is not known, the crackdown targeted 12 of 
these districts throughout Korea along with numerous 
brothels.  There remain, however, many red-light districts in 
Korea. 
 
37.  (U) L. There were no allegations that Korean troops 
stationed overseas were involved in trafficking. 
 
38.  (U) M. Korea is not a destination country for child sex 
tourism.  During this reporting period, however, the ROKG did 
deport two U.S. pedophiles.  The first taught English since 
entering Korea 10 years ago, and was deported due to his 
previous U.S. prosecution.  The other, who had been 
imprisoned for five years on charges of committing sexual 
assaults against two child patients while working as a 
psychiatrist in the U.S., entered Korea in October 2007 and 
was deported soon after his previous crime was discovered. 
 
39.  (U) M. (contd) Korea does have extraterritorial 
provisions and can prosecute Koreans found guilty of engaging 
in child sex tourism overseas, but there have been no such 
convictions in recent memory.  Currently, however, Korea's 
National Intelligence Service is investigating a South Korean 
broker working for an NGO that helps defectors escape the 
North to Southeast Asia on charges of kidnapping and raping a 
16-year North Korean girl in his care in Laos.  According to 
the Ministry of Foreign Affairs (MOFAT), the government asked 
the police to investigate this incident.  Sources in MOFAT 
conceded that there are probably more such cases, but victims 
rarely come forward.  From now on, MOFAT and Unification 
Ministry officials said that as soon as defectors state their 
intention to relocate to South Korea, the country's 
diplomatic missions will interview them about possible human 
rights violations by brokers. 
 
40.  (U) M. (contd) An increase in sex crimes against 
children has prompted the ROKG to increase the maximum 
sentences on offenders and form a database to record such 
crimes.  In response to outrage against foreign pedophiles, 
the ROKG has also instituted stricter immigration 
requirements that include background checks into past related 
offenses.  Despite some harsher sentences, judges tend to be 
lenient.  According to press reports, between 2004 and 2007 
only 23.5 percent of those convicted of pedophilia against 
children under 13 were actually jailed.  Of those convicted, 
 
SEOUL 00000332  002 OF 008 
 
 
70.6 percent were released on probation. 
 
--------------------------------------------- ----- 
Paragraph 26: Protection and Assistance to Victims 
--------------------------------------------- ----- 
 
41.  (U) A. The Anti-Prostitution Laws protect women 
trafficked for sexual exploitation and does not permit them 
to be tried as criminals.  For cases in which there is a 
concern about possible reprisals against victims or 
witnesses, Korean law allows the government to take measures 
to ensure the personal safety of victims, including escorting 
witnesses to and from court and assigning them personal 
security details.  The Korean Government does not provide 
asylum to foreign trafficking victims, but trafficking 
victims are eligible for a G-1 visa, which entitles them to 
stay up to one year.  Extensions are possible.  Victims must 
have filed a lawsuit or be receiving medical treatment to be 
eligible.  They must present a court summons or doctor's 
report to prove eligibility. 
 
42.  (U) B. To increase its ability to aid victims, during 
the reporting period the Korean government opened additional 
support facilities, bringing the total to 100.  These 
facilities now include 43 adult and youth facilities, 29 
counseling centers, 10 group homes for longer-term support, 
six rehabilitation centers, and three shelters for foreign 
victims.  These facilities provide victims with lodging, 
psychological and medical aid, counsel, occupational 
training, education for entering school, assistance during 
police questioning, and support for resolving credit 
problems.  Between January and June 2008, 6,770 individuals 
(both foreign and Korean) were referred to or used facilities 
supporting trafficking victims.  Information was not 
available on how many of these individuals had been 
trafficked.  Of these, 1,183 victims were provided services 
by shelters or group homes.  Of these victims, 693 were new 
referrals.  Foreign victims have access to all facilities 
providing protection and support.  Child victims of 
prostitution are placed in shelters for victims under the age 
of 19.  MOGE announced in December 2008 that the ROKG will 
increase the number of shelters for women or children 
suffering from domestic violence or sexual abuse, and would 
increase legal help and interpretation services for 
foreigners. 
 
43.  (U) C. Both the central government and local governments 
play a crucial role in funding victim support facilities. 
The large majority of prostitution and sex trafficking 
victims are assisted by government-sponsored programs because 
very few private organizations offer such assistance.  The 
central government provides 50-80 percent of funds for 
facilities supporting prostitution and sex trafficking 
victims, while the local governments provide 20-50 percent. 
In 2008, of the central government's 15.4 billion won (about 
USD 12 million) budget to protect victims and prevent 
prostitution, the ROKG spent 14.2 billion won (about USD 10.9 
million) on facilities to support victims.  (NOTE: Although 
this represents a decline over last year -- 18.2 billion won 
and 16.7 billion won, respectively -- the comparison looks 
all the more stark when converted into U.S. dollars, because 
of the Korean won's declining value over the past year 
against the dollar.) 
 
44.  (U) C. (contd) In addition to shelters, 
government-sponsored counseling centers provide prostitution 
and sex trafficking victims with medical and legal aid, teach 
self-sufficiency, and support legitimate business growth in 
former red-light districts.  As of June 2008, these 
facilities had provided: 27,305 victims with counseling 
services; 9,384 with legal assistance; 8,290 with medical 
aid; 997 with living expenses; 1,761 with vocational 
 
SEOUL 00000332  003 OF 008 
 
 
training; and 127 with employment.  Between August 2007 and 
July 2008, the government helped 54 women who had been freed 
from the sex trade get counseling jobs.   Additionally, the 
Korean National Policy Agency (KNPA) runs Foreigners' Human 
Rights Protection Centers in 51 police stations nationwide. 
These centers offer counseling and address both labor and sex 
trafficking issues like extortion, family abuse (frequently a 
problem for foreign brides), nonpayment of wages and other 
human rights violations.  The KNPA investigates allegations 
of criminal acts, provides interpretation services, and helps 
foreigners understand the Korean legal system.  In the case 
of wage nonpayment, the KNPA will work to get wages paid as 
quickly as possible.  In 2008, 9,592 individuals came to the 
center and received counseling services.  Of these, 143 cases 
led to investigations, 7,689 cases received counseling 
regarding legal affairs and civil petitions, 345 were unpaid 
wages cases, and 163 were domestic violence cases. 
 
45.  (U) C. (contd) Out of concern over migrant workers whose 
wages were withheld and whose contracts were ignored, the 
Ministry of Labor in 2008 increased the number of its support 
centers from 20 to 27, therefore providing more assistance to 
trafficked laborers than in previous years.  The ROK has 
implemented an increased number of support centers to aid 
those who have been trafficked into Korea for labor. The main 
concern of these centers is laborers whose wages have not 
been paid and whose contracts have not been honored. 
 
46.  (U) D. The Korean government does provide assistance to 
foreign trafficking victims.  Please see paragraphs 41-42 and 
44-45 for more information.  Korean Immigration Service (KIS) 
also conducts ombudsman interviews for deportation cases.  In 
2007, 11,054 deportees spoke with the ombudsman.  Of these, 
there were 5,540 cases of unpaid wages totaling just over USD 
6 million.  There were also 3,871 other cases including human 
rights violations. 
 
47.  (U) E. Please see paragraphs 42 and 44 for more 
information.  As previously reported (paragraph 42), the 
number of shelters and group homes increased in 2008.  These 
new facilities included two juvenile assistance facilities, 
one group home, and one self-support assistance facility. 
Other important changes include a relaxation of the standards 
for entering group homes and an increase in the maximum 
length of stay from one year to three years.  The government 
also strengthened cooperation with civic groups to help 
former sex trade workers gain job skills through peer 
counseling programs.  In December 2008, the MOGE announced a 
plan to increase the number of shelters (see paragraph 42). 
Part of this plan calls for increasing from four to ten the 
number of community centers for abused children, especially 
for the sexually molested, and offering legal consultations 
and medical care to victims and their families. 
 
48.  (U) F. The government has not yet developed such a 
referral process and there is no data available, but the 
police referred 53 victims (out of 693 new referrals) to sex 
worker support facilities. 
 
49.  (U) G. The ROKG tracks the total number of sex trade 
workers helped through government-sponsored support 
facilities (see also paragraphs 42-44), but has no means of 
identifying how many of those were trafficked. 
 
50.  (U) H. At present, Korea has no formal system. 
 
51.  (U) I. The Anti-Prostitution Law defines victims of sex 
trafficking as victims, and exempts them from punishment. 
The law also sets out that, whenever there is significant 
reason to regard the suspect or witness as a victim, their 
court representative, relatives, or lawyers should be 
immediately notified and measures to protect the victim 
 
SEOUL 00000332  004 OF 008 
 
 
should be taken -- including a closed investigation and 
referral to relatives, support facilities, and counseling 
centers to prevent the victim from being confined, detained, 
deported, or otherwise treated as an offender.  Victims 
repatriated to Korea are eligible for medical and legal 
support services at counseling centers and shelters.  The Act 
on the Protection of Youth prescribes that minors engaged in 
the sex trade shall not be punished. 
 
52.  (U) I. (contd) Foreign women's rights are protected 
through special provisions, which stipulate that, when a 
foreign woman reports one of the above-mentioned crimes or 
when investigating a foreign woman as a victim, the case in 
question should be carried out without arrest and forced 
evacuation and probation should be suspended until the case 
is prosecuted (see paragraph 41 for more information). 
 
53.  (U) J. In addition to criminal cases, victims can file 
civil suits or seek legal action against traffickers, without 
any interference, and they are eligible for protection if 
they are in danger of retribution (paragraph 41).  In 
trafficking cases the Act on the Protection of Informants of 
Special Crimes (which includes protections such as not 
disclosing the informant's personal information) is invoked 
for the victims.  While court cases are pending, trafficking 
victims are not restricted from obtaining employment or 
traveling abroad. 
 
54.  (U) J. (contd) In practice, although the ROKG provides 
victims with a G-1 visa (see paragraph 41), NGOs report that 
victims are not aware of these options.  Their primary 
concern is being turned in to immigration for illegal 
residency, and this hinders police investigations into 
trafficking networks.  Another obstacle, according to NGOs, 
is USFK's zero tolerance policy on prostitution and human 
trafficking.  The policy, while laudable, serves as a 
disincentive for U.S. servicemen who would otherwise be 
inclined to cooperate with authorities, thus impeding 
investigations into the trafficking of women in areas around 
U.S. bases. 
 
55.  (U) K. Refer to paragraph 27-28 for more information 
about specialized training for government officials.  The 
ROKG has not yet established a specific program for educating 
officials about trafficked children, but the issue is 
included in courses covering laws on domestic and overseas 
prostitution, which are intended to promote understanding of 
the human rights of both women and children.  The Korean 
Government educates its embassies and consulates in foreign 
countries to protect Korean victims and support them as part 
of the mission to protect Korean nationals abroad.  The 
Korean government urges its diplomatic missions to work 
closely with relevant Korean agencies and organizations 
abroad, such as the Korean Lawyer's Association and various 
Korean women's organizations.  The relevant embassies or 
consulates are ready to cooperate with international 
organizations, but the ROKG had no opportunities to do so 
during this reporting period. 
 
56.  (U) L. Victims of sex trafficking in Korea as well as 
those repatriated Korean victims are eligible for all the 
government assistance outlined in paragraphs 42-44 and 47. 
 
57.  (U) M. NGOs that work with trafficking victims in Korea 
include: the National Alliance for the Resolution of the 
Prostitution Problem; One Voice for Eradicating Prostitution; 
the Association of Women's Support Facilities; Dashihamkke; 
Dooraebang; Friend's House; Woman Migrants Human Rights 
Center and the Center for Women's Human Rights. 
International organizations active in Korea include the Asia 
Foundation and Bombit Women's Foundation.  These 
organizations work on preventing prostitution, protecting 
 
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victims, and ensuring women's human rights.  As almost all 
Korean NGOs are mostly government-sponsored, the NGOs 
cooperate closely with the central and local governments.  In 
addition to the shelter, counseling, medical care, and job 
retraining already mentioned, these NGOs provide a host of 
other functions, including: 
 
-- work with the government-administered "Monitoring 
Commission on the Prevention of Prostitution," in which the 
relevant government agencies meet to discuss means of 
preventing demand for the sex trade and to cope with related 
issues; 
-- influence the policy-making process by taking part in 
MOGE's policy advisory and evaluation committee; 
-- and drive the rehabilitation of red-light districts. 
 
------------------------ 
Paragraph 27: Prevention 
------------------------ 
 
58.  (U) A. The ROKG conducted anti-trafficking informational 
and education campaigns with a focus on reducing demand.  In 
particular, starting in December 2007, the government 
developed an awareness program directed at male college 
students.  During the reporting period, the ROKG increased 
the number of lectures on the prevention of sex trafficking 
from 120 in 2007 to 157 in 2008.  Additionally Korea 
established an education program for military personnel, 
along with public servants, local government organizations 
and police.  The ROKG also conducted four education sessions 
for 144 public officials in charge of the prevention of the 
sex trade. 
 
59.  (U) A. (contd) The government-sponsored Center for 
Women's Human Rights published an annual report and web 
magazines that provided anti-trafficking information.  More 
information is accessible online through their website, 
"Information Center for Women's Rights," (www.stop.or.kr). 
In 2008, the Ministry of Gender Equality allocated 154 
million won (USD 118,000) to trafficking prevention campaigns 
and 59 million won (USD 45,000) to educational programs.  The 
government also implemented the following public awareness 
campaigns in 2008: 
 
-- produced and distributed 7,600 leaflets to 100 counseling 
centers, police and self-governing bodies; 
-- conducted public relations outreach through subway and 
billboard LCD screens on the prevention of the sex trade; 
-- worked with counseling centers and support centers to 
publicize victim support policies; 
-- prepared the legal basis in 2008 to carry out surveys 
every three years on the status of sex trade in and outside 
the country; 
-- started classes for Korean men who plan to marry foreign 
women, educating them on international marriage and gender 
equality.  (Those who attend the classes are given advantages 
in obtaining visas for their foreign brides.); 
-- educated 17,956 during 2008 through Johns' school 
programs.  (For more information on Johns' School programs, 
see paragraph 64.) 
 
60.  (U) B. The Korean government has no centralized system 
of tracking trafficking victims, but Korean Immigration 
Service (KIS) is very active in monitoring third country 
nationals who are transiting Korea.  In order to prevent 
smuggling foreigners with forged passports or visas and 
boarding pass exchange at transit areas in airports, the ROKG 
revised the Immigration Control Act in March 2005 to crack 
down on illegal immigration and brokering at airport transit 
areas.  Department of Homeland Security (DHS) colleagues in 
Seoul say that they receive a high level of cooperation from 
KIS officials, and get a stream of real-time information from 
 
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them about those transiting Korea's Incheon International 
Airport.  According to the ROKG, 27 cases of fraudulent 
passports or boarding tickets were detected in 2008.  The 
government ran a transit area patrol team at the Incheon 
International Airport Immigration Office and dispatched two 
immigration liaison officers to Bangkok Airport in Thailand, 
to monitor and report on information related to passengers 
bound for Korea. 
 
61.  (U) B. (contd) In January 2006, the Ministry of Justice 
established the "Council to Protect and Promote Foreigners' 
Human Rights" and branches in 18 local immigration offices, 
where relevant organizations and NGOs come together and work 
to remedy any infringements on foreigners' rights and human 
rights.  KIS also interviews deportees from Korea to 
determine if they have been the victim of human rights abuses 
or trafficking-related crimes.  When they obtain actionable 
intelligence from these interviews, the information is 
forwarded to law enforcement authorities.  The Korea National 
Police Agency watches specifically for passport forgeries in 
investigating suspected trans-border trafficking victims. 
 
62.  (U) C. The ROKG established the Monitoring Commission on 
the Prevention against Prostitution, which is aimed at 
monitoring the effectiveness of anti-prostitution measures 
and effectively coping with the changing environment.  The 
government maintained a close partnership with NGOs, and NGO 
representatives participate in the policy advisory committee 
and work assessment meetings of the Ministry of Gender 
Equality.  The ROKG also formed a 12-member Council on 
Improving Sex Culture, which incorporates experts, NGOs, and 
government officials.  The council provided the government 
with ideas on the direction and content of anti-prostitution 
campaigns and education.  Nationwide, in areas near red-light 
districts where rehabilitation support projects are in place, 
there are 11 local councils that include representatives from 
local government, the police, and NGOs.  There are also 
anti-prostitution committees in large cities and provinces. 
The establishment of such a committee has been an important 
criterion for the central government in assessing local 
government's performance since 2006.  The 
government-affiliated Center for Women's Human Rights has 
regularly held roundtable sessions, workshops, and many other 
networking opportunities to promote alliances among NGOs and 
partnership between the government and NGOs. 
 
63.  (U) D. The ROKG drew up a "2007-2011 Framework Plan on 
National Human Rights," a comprehensive five-year plan on the 
nation's human rights policies.  The Plan included a section 
on the "Prevention of Prostitution and Protection of Victims" 
in Chapter 4 (Human Rights for the Underprivileged and Social 
Minorities).  The Plan set out tasks for: establishing 
preventive education at elementary and secondary schools; 
raising public awareness and creating a responsible sex 
culture; putting in place infrastructure to enhance the 
effectiveness of victim rehabilitation projects; and, 
offering jobs to victims and developing tailored 
rehabilitation programs.  The Ministry of Justice and 30 
other government agencies participated in drafting the 
Framework Plan, which was reviewed at the National Human 
Rights Policy Council and presented at a Cabinet meeting.  In 
drafting the plan, two rounds of public hearings were held 
(in December 2006 and February 2007).  In this process, human 
rights NGOs and experts from academia participated as either 
speakers or panel discussants.  To publicize the plan, the 
ROKG published a booklet which was disseminated to the 
public.  The plan requires each government agency and 
organization involved to submit a progress report to the 
National Human Rights Council.  After reviewing this progress 
report, the Council plans to share it with the public, 
enabling NGOs and the media to monitor the outcome and offer 
suggestions. 
 
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64.  (U) E. The government carries out public awareness 
campaigns using advertisements to publicize the fact that 
prostitution is a crime.  In October 2008, the government 
also conducted special campaigns to commemorate the four-year 
anniversary of the enforcement of the Anti-Prostitution Laws. 
 In November, the ROKG ran a week-long advertising drive to 
raise awareness about violence against women.  The government 
also supported NGOs in running ten different prostitution 
prevention programs.  Additionally, in 2008 the MOJ's "Johns' 
School," established in 2005, increased the number of centers 
offering this program to 39 -- up from 29 in 2007.  Through 
the Johns' School program 17,956 men were educated in the 
program designed to reinforce the idea that prostitution is a 
crime.  In 2005 (the most current available information) the 
rate of recidivism for Johns' School graduates was 1.6 
percent -- far lower than the average rate of 7.5 percent. 
Surveys conducted before and after the course showed positive 
effects on attitudes toward buying sex, perceptions of the 
anti-prostitution law and victims, intentions with regard to 
repeating the offense, and the overall assessment of the 
program. 
 
65.  (U) E. (contd) In addition to awareness campaigns, 
police agencies in several locations -- including Seoul, 
Busan, Daecheon and northern Gyeonggi Province -- launched a 
crackdown against prostitution in August and September 2008. 
Police in Busan also ordered increased surveillance to catch 
violators and sought cooperation with USFK in identifying 
foreign patrons of brothels. 
 
66.  (U) F. In an effort to target Koreans patronizing 
prostitutes overseas, in 2008 the National Assembly enacted a 
revision to the Passport Law that enables the ROKG to control 
more strictly the issuance of passports and to cancel the 
passports of Koreans convicted of engaging in a variety of 
illegal acts abroad, including participation in child 
prostitution.  In 2008 CWHR, with ROKG assistance, carried 
out anti-sex tourism and anti-child sex tourism campaigns at 
Incheon International Airport.  CWHR said the lack of 
government support impaired the organization's ability to 
gain cooperation from travel agencies and thus limited the 
efficacy of the campaign. 
 
67.  (U) G. The Peacekeeping Operations Center operated by 
the Ministry of National Defense educates officers on the 
prevention of trafficking in combination with training on 
preserving human rights and providing humanitarian aid. 
Commanders and legal officers are responsible for educating 
servicemen on gender equality and the prevention of the sex 
trade in conjunction with other training.  Military 
servicemen deployed abroad are not allowed to leave their 
installations on unofficial business, which reduces their 
opportunities to engage in trafficking or to exploit 
trafficked women. 
 
---------------------------------------- 
Embassy Point of Contact and Time Report 
---------------------------------------- 
 
68.  (SBU) Mission point of contact for TIP issues is 
Political Officer Amy Conrad, tel. 32-2-397-4213, fax 
82-2-733-4791.  In the drafting of this report, Embassy Seoul 
spent approximately 92 hours researching trafficking issues 
and coordinating with contacts.  This total includes: 
 
Ambassador: 1 hour 
DCM: 2 hours 
MC/POL: 1 hour 
CG: 1 hour 
02-level POL: 1 hour 
04-level POL: 102 hours 
 
SEOUL 00000332  008 OF 008 
 
 
STEPHENS