외국인 미성년자성매매 Foreign nationals involved in minor prostitution 아청법위반 Vio…

Attorney at Lawfirm Dongju

Prosecutor at the Seoul Western, Geochang, Cheongju, Daegu (Violent Crimes Division), Seoul Southern, Bucheon, Daegu, and Seoul Northern District Prosecutors’ Offices and their Branch Offices (1992–2005) 

Prosecutor, Seoul High Prosecutors’ Office (2006, 2016–2018) 

Prosecutor, Jeonju Branch of Gwangju High Prosecutors’ Office (2008); Jeju Branch (2009) 

Chief Prosecutor, Criminal Division 1, Daegu District Prosecutors’ Office, Western Branch (2007); Chief Prosecutor, Criminal Division 2, Daejeon District Prosecutors’ Office (2010) 

Chief Prosecutor, Jinju Branch of Changwon District Prosecutors’ Office (2012) 

Chief Prosecutor, Wonju Branch of Chuncheon District Prosecutors’ Office (2013) 

Advisor to the Chairperson, Anti-Corruption and Civil Rights Commission of Korea (2014) 

Chief Prosecutor, Gyeongju Branch of Daegu District Prosecutors’ Office (2015) 

Chief Prosecutor, Major Economic Crimes Investigation Team, Busan District Prosecutors’ Office (2019, 2020) 

Head and Chief Prosecutor, Major Economic Crimes Investigation Team, Seoul Central District Prosecutors’ Office (2021, 2022)

외국인 미성년자성매매, 미성년자인 줄 몰랐다면 가중처벌 면할 수 있을까?

Can foreign nationals avoid aggravated punishment for Prostitution involving a minor by claiming they did not know the person was a minor?

세줄요약

• 데이트앱이나 SNS, 오픈채팅 등을 통해 알게 된 상대방과 금전을 조건으로 만나 성관계를 가졌다가 뒤늦게 상대방이 미성년자였던 사실을 알게 되는 외국인 사례가 지속적으로 발생하고 있습니다.

• 미성년자 조건만남 등 미성년자성매매의 경우 일반 성매매처벌법위반이 아닌 아청법위반이 문제될 수 있는 사안에 해당합니다.

• 아청법위반은 성매매처벌법위반과 비교했을 때 가중처벌이 이루어질 수 있는 사안이며, 초범이라도 실형 가능성이 높은 점을 주의해야 합니다.

Hello, this is Lawfirm Dongju.

There are cases in which a person meets someone through a dating app or SNS and later discovers that the person was a child or juvenile.

If the other person introduced themselves as an adult but is later found to be a minor, you may get in a panic.

The problem, however, is that simply insisting “I didn’t know” does not resolve the case. Investigative authorities may interpret such a claim as an attempt to evade criminal liability.

Unless you can provide evidence supporting your belief that the other person was an adult, avoiding criminal punishment may be difficult. You should also be aware that the case could lead to an Immigration Violation Screening and potentially a Deportation Order.

01 What is the criminal penalty for prostitution involving a minor?

Prostitution generally refers to engaging in sexual intercourse or similar sexual acts in exchange for money, property, or other financial benefits, or in return for a promise to provide such benefits.

Prostitution is prohibited in South Korea. A person who violates the applicable law may be charged under the Act on the Punishment of Arrangement of Commercial Sex Acts and face imprisonment with labor for not more than 1 year or by a fine not exceeding KRW 3 million.

However, there is an important fact to understand: this provision only concerns prostitution involving adults.

If the other person involved is a child or juvenile, the case may violate the Act on the Protection of Children and Youth against Sex Offenses. This can result in substantially more severe criminal penalty.

According to the Act on the Protection of Children and Youth against Sex Offenses, the offender involved in a minor prostitution may face imprisonment with labor for at least 1 year, but up to 10 years, or by a fine of at least KRW 20 million, but not exceeding KRW 50 million.

This does not only increase the possibility of facing a higher criminal penalty, but also raises the risk of imprisonment. 

02 Can I be punished under the Act on the Protection of Children and Youth against Sex Offenses even if I did not know the other person was a minor?

Some foreign nationals facing allegations under the Act on the Protection of Children and Youth against Sex Offenses claim that they did not know the other person was a minor, and argue that they should not be prosecuted or convicted.

However, investigative authorities do not accept that explanation at face value. Even if you initially did not know the other person was a minor, the authorities may examine whether you were aware of the possibility that the person was a minor.

This issue may involve dolus eventualis, and it is important to note that dolus eventualis is also punishable under South Korean law.

Therefore, it is important to clarify what made you to believe that you could not have known the other person was a minor, using circumstances or evidence at hand if you are falsely accused.

03 What mistake should foreign nationals accused of minor prostitution avoid?

It is important not to delete any chat messages or call records exchanged with the other person, as doing so may raise suspicions among investigative authorities.

Simply put, investigators may think that you deleted the records because you had something to hide.

Investigative authorities may use digital forensic techniques in an attempt to recover deleted data. If the recovered data suggests that you were aware, to some extent, that the other person was a minor, it could be used as evidence supporting the allegations.

Concerns about the destruction of evidence may also be considered in determining the necessity of detention.

Furthermore, deleting messages could also result in the loss of evidence supporting your claim that you had reason to believe the other person was an adult.

If you are concerned about how existing chat messages or communications may affect the outcome of the case, consider consulting a lawyer experienced in sexual offenses involving foreign nationals.

04 FAQs about prostitution involving minors

Q1. Why can I be punished under the Act on the Protection of Children and Youth against Sex Offenses even if the other person consented?

A1. The law provides special protection for children and youth because of concerns about their ability to exercise sexual self-determination.

Consequently, criminal liability may still arise even if the sexual activity took place with the minor's consent.

Q2. If I arranged to meet a minor in exchange for money but no sexual intercourse took place, can I avoid punishment under the Act on the Protection of Children and Youth against Sex Offenses?

A2. Not necessarily. Even if sexual intercourse or a similar sexual act did not occur, criminal liability may still arise depending on the conduct involved, the communications exchanged, and whether the legal requirements for the offense are met.

Q3. Is it true that a foreign national may be asked to leave South Korea after receiving a criminal penalty for minor prostitution?

A3. A conviction under the Act on the Protection of Children and Youth against Sex Offenses does not automatically result in an order requiring a foreign national to leave South Korea. However, one must be aware that the chance of receiving a Deportation Order is significantly high.

Please note that cases involving sexual offenses against minors are treated seriously in South Korea. 

05 Early action is crucial in cases Involving foreign nationals involved in minor prostitution

How the facts are established during the police interrogation can significantly affect the outcome of cases involving foreign nationals accused of prostitution involving a minor.

For this reason, it is important to respond promptly and systematically from the moment you become aware that you are under investigation.

However, foreign nationals unfamiliar with South Korean legal system may find it practically challenging.

At Lawfirm Dongju, lawyers and specialists with experience of more than 10 years in sexual offenses involving foreign nationals and sexual offenses provide assistance tailored to each client's circumstances.

If you are facing such allegations, contact us to discuss your situation and legal options available to you.