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A Critical Study on the Punishment of Sex Trade and the John School Diversion Program Policy

  • DONG-A LAW REVIEW
  • 2009, (43), pp.193-219
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Deokin Lee 1

1부산정보대학

Candidate

ABSTRACT

Nowadays, the will to eradicate the sex trade from the society succeeded in tying the sexual abuses and immoral paid sex relationships in a category without a social consensus enough to condemn them as crimes. However, immorality does not have anything to do with the punishment. It is not proper to use the punishment as a method to force the morality in modern society where immorality of the punishment is being discussed. Additionally, unlike the positive evaluation that the demand and the supply are regulated through Anti-sex-trade Act, in real life the social effectuality of the raw is being reduced and the regulations and restrictions become symbolized. Additionally, forcing methods to prevent sex trade are peculiar and abnormal. They brought so called ‘John School’ across the Pacific Ocean to improve sex ethics and sex moral considering all the males on this land being suspected as prospect criminals as well as the actual criminals who have purchased sex. However, if we look into the initial background of the introduction of Prevention of Recurrence of Sex Purchase, the reasons why they brought it in Korea and how they brought it in to Korea, it is confirmed that they brought this scheme with haste without understanding the situations in Korea. It is not a surprise this education became a group seminar limited as a criminal rehabilitation training. The problems of this program are easily guessed when we see the restrictions of the educational contents and the effects of the education. A voluntary paid sex relationship is not a crime at all. Of course it is neither legal nor proud even it does not constitute a crime. Therefore we need to leave it to the social ethics area how to discuss, reflect and find the solutions of the serious absurdities such as the problems arising from the immorality of this behavior, relationship between men and women and the contradictions of the social structure.

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