"Forced Prostitution: Not the Accused but the Victim"… Constitutional Court Orders "Cancellation of Non-Prosecution"

[Image source = Yonhap News]

[Asia Economy Reporter Choi Eun-young] The Constitutional Court has put a brake on the prosecution's decision to apply prostitution charges against a Thai woman who claimed she was trafficked after being deceived into working at a massage parlor.

On the 11th, the Constitutional Court announced that it unanimously accepted the constitutional complaint filed by the Thai woman, Ms. A, who requested the cancellation of the prosecution's suspension of indictment decision.

Initially, Ms. A chose to come to Korea after hearing that she could earn money by working at a Thai massage parlor in Korea. However, upon entering Korea with the airline ticket sent by the employment agent, the place introduced to her was not a Thai massage parlor but a decadent massage parlor where prostitution took place.

The agent blatantly forced Ms. A into prostitution, saying, "You knew everything when you came. If you want to go back, pay the introduction fee immediately." Unable to repay the introduction fee, Ms. A eventually engaged in prostitution four times.

The Suncheon branch of the Gwangju District Prosecutors' Office, investigating the case, recognized Ms. A's involvement in prostitution mediation and issued a suspension of indictment. It was considered that Ms. A voluntarily engaged in prostitution to earn money. Suspension of indictment is a system that acknowledges criminal charges but exempts the suspect from punishment once on the condition that they do not reoffend.

[Image source = Yonhap News]

However, Ms. A filed a constitutional complaint against the decision, claiming that the suspension of indictment violated her right to pursue happiness. She appealed her grievance that the essence of suspension of indictment is 'acknowledgment of guilt,' and that she was a victim of employment fraud.

The Constitutional Court ruled in favor of Ms. A, stating that her actions could not be seen as voluntary prostitution. This judgment took into account that Ms. A could not actively refuse the agent's demands due to economic conditions, language barriers, and ignorance of Korean law.

Furthermore, considering that Ms. A was detained by the agent when she tried to leave for Bangkok immediately after prostitution, and that the massage parlor owner acknowledged Ms. A as a victim of human trafficking, the court found Ms. A's claim of being a victim of prostitution credible.

In addition, the court ruled that despite these circumstances, the prosecution's recognition of Ms. A's charges and the suspension of indictment violated her rights to equality and pursuit of happiness, ordering the prosecution to cancel the suspension of indictment.

A Constitutional Court official stated, "This decision clarifies that when a suspect claims to be a victim of prostitution during the investigation of prostitution charges, the prosecutor must investigate evidence that contradicts this claim."

This content was produced with the assistance of AI translation services.