[ Human Trafficking, Country-by-Country ]

REPUBLIC OF KOREA (Tier 2) – Extracted in part from the U.S. State Dept 2023 TIP Report

The Government of the Republic of Korea (ROK) does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so.  The government demonstrated overall increasing efforts compared with the previous reporting period, considering the impact of the COVID-19 pandemic, if any, on its anti-trafficking capacity; therefore the ROK remained on Tier 2.  These efforts included creating victim identification guidelines, collecting statistics on trafficking victims identified by support centers, increasing the number of convicted traffickers sentenced to more than one year in prison, and creating a national trafficking-specific hotline.  However, the government did not meet the minimum standards in several key areas.  Due to inadequate screening procedures some victims may not have been identified or provided with services, and authorities may have penalized some victims for unlawful acts committed as a direct result of being trafficked.  The government did not report identifying any forced labor victims despite reports of the prevalence of labor trafficking among migrant workers in the ROK.  Officials continued to conflate trafficking with other crimes and courts sentenced most criminals convicted for trafficking-related crimes to less than a year imprisonment, fines, or suspended sentences.

Prioritized Recommendations

Ensure police, immigration, labor, and other officials consistently screen for trafficking victims among vulnerable populations, including individuals in commercial sex, fishermen, and migrant workers, utilizing the new victim identification indexes.

Amend the definition of trafficking under the Crimes Act to be consistent with the definition of trafficking under the 2000 UN TIP Protocol and the newly enacted Prevention of Trafficking in Persons, Etc. and Victim Protection Act.

Increase efforts to investigate and prosecute traffickers, particularly labor traffickers, including those who use forced labor on ROK-flagged fishing vessels.

Seek adequate penalties for convicted traffickers, which should include significant prison terms.

Cease the inappropriate penalization of victims solely for unlawful acts committed as a direct result of being trafficked and improve coordination between police and immigration authorities in cases involving foreign victims.

Take steps to increase and enforce protections for migrant fishermen, including by enforcing prohibitions against document confiscation through a more consistent system for inspecting the labor conditions of distant water fishing vessels.

Provide trauma-informed training to law enforcement to ensure they use victim-centered approaches in investigations and victim protection.

Implement the new guidelines for police, immigration, labor, and social welfare officials to refer both sex and labor trafficking victims to support services.

Take steps to ensure relevant agencies accurately track the number of victims identified through screening efforts, including through use of the victim identification indexes.

Increase efforts to train law enforcement officers, prosecutors, judicial officials, and social service providers to better understand trafficking as defined by international law.

Improve the quality of specialized services provided to trafficking victims, especially male, child, foreign, and disabled victims.

Increase cooperation with civil society organizations on efforts to identify and protect trafficking victims.

Take steps to eliminate recruitment and/or placement fees charged to workers by labor recruiters in the ROK and workers’ home countries and ensure any recruitment fees are paid by employers.