외국인 온라인성매매 Internet prostitution involving foreign nationals 키스방알리미 Ki…

조원진 변호사

Attorney at Lawfirm Dongju

Certified Criminal Law Specialist, Korean Bar Association

Certified School Violence Specialist, Korean Bar Association

Legal and Legislative Advisor, Incheon Metropolitan Council

Legal Advisor, Namdong-gu Office, Incheon

Court-Appointed Defense Counsel, Supreme Court of Korea

Former Attorney at National Intelligence Service (NIS)

Former Court-Appointed Defense Counsel, Republic of Korea Navy Headquarters

외국인 온라인성매매 키스방알리미 단속 후 경찰조사 대응 전략은?

What should foreign nationals do after being caught in an Internet prostitution crackdown involving Kissbang Alimi and asked to appear for police interrogation?

세줄요약

• 오프라인에서 주로 이루어지던 성매매가 온라인 환경으로 넘어가면서 경찰 단속 범위 또한 점차 확대되고 있습니다.

• 온라인 성매매 혐의로 경찰조사 연락을 받게 되었다면 경찰서 출석에 앞서 사건 내용에 대한 파악부터 하는 것이 중요합니다. 

• 외국인 온라인성매매 처벌은 결코 가볍지 않으며, 경우에 따라 강제퇴거로 이어질 수 있다는 사실을 주의해야 합니다.

Hello, this is Lawfirm Dongju.

Last August, the police announced the results of a special crackdown on online and offline prostitution conducted from June to July. One of the most notable cases involved the finding of a large adult entertainment establishment in Gangnam.

What particularly distinguished its operations from those of conventional prostitution businesses was its use of Telegram to connect paid members and sex workers.

Likewise, there are various internet prostitution services available including Kissbang Alimi.

Some people may assume that these platforms are safe to use because they operate discreetly. That assumption, however, can be extremely dangerous.

In response to the trend, the police have decided to shake up their enforcement methods. Even if you have not yet been detected, you may still be identified and investigated at a later date.

Any foreign national convicted of the crime may face criminal penalties commensurate with the offense. Moreover, they should also be aware that immigration authorities may conduct an Immigration Violation Screening to determine the need for a Deportation Order.

01 What are the criminal penalties for Internet prostitution by foreign nationals?

Foreign nationals, like South Korean citizens, may face criminal penalties under the Act on the Punishment of Arrangement of Commercial Sex Acts for engaging in prostitution through online platforms.

Any person who has engaged in the conduct of sexual traffic shall be punished by imprisonment with labor for not more than one year, by a fine not exceeding KRW 3 million under Article 21 of the Act on the Punishment of Arrangement of Commercial Sex Acts.

You may think these penalties are relatively minor, but you should be aware that a criminal conviction including fine may result in a criminal record.

The situation can become considerably more serious if the other party is a minor, as the offense may be subject to aggravated punishment under the Act on the Protection of Children and Youth against Sex Offenses.

Article 13 of the Act provides for imprisonment with labor for at least one year, but up to 10 years, or by a fine of at least KRW 20 million, but not exceeding KRW 50 million for those engaged in the conduct of sexual traffic against a minor.

02 What should you do if the police contact you about Internet prostitution?

If you have been contacted by the police regarding internet prostitution, the first step is to identify what offense you are committed of.

The next step is to arrange all the circumstances in chronological order. You need to determine what actions took place in connection with the incident and what communications, transactions, or other exchanges occurred.

This process will help you assess whether to admit or contest the allegations and determine how best to respond to the case.

A thorough assessment provides a consistent foundation for your defense. It can also help you present a clear and credible account of the circumstances.

The difficulty is that this process may be more complicated than it initially appears.

If the police contact you long after the incident, you may be caught off guard and have little time to prepare.

If you are having difficulty preparing for police interrogation, it may be advisable to consult a lawyer experienced in cases involving foreign nationals accused of prostitution.

03 What mistakes should you avoid during police interrogation?

One common mistake foreign nationals involved in internet prostitution make is relying on emotional appeals, such as saying, “I am innocent,” or “I am going through a difficult time, so please give me another chance.”

The police will not necessarily accept these statements at face value. They may view such statements as attempts to evade criminal liability and scrutinize the case more closely.

Any explanation you provide should be logically consistent and supported by relevant evidence or factual materials.

04 FAQs about Internet prostitution involving foreign nationals

Q1. Do foreign nationals always need to hire a lawyer if they become involved in an Internet prostitution case?

A1. Whether to retain a lawyer cannot be determined solely by the fact that you are involved in a criminal case.

The appropriate course of action depends on factors such as the seriousness of the allegations, whether additional offenses are suspected, and the potential penalties. It is advisable to seek legal advice to assess your circumstances before deciding how to proceed.

Q2. How should I respond if the police ask about something I cannot remember?

A2. If you genuinely cannot remember something or your recollection is unclear, it is best to state that honestly rather than guessing.

You may feel compelled to provide an answer, but speculation can create problems if it later conflicts with other evidence or the surrounding circumstances. This could lead investigators to question the accuracy or credibility of your statements.

Q3. Can I postpone my scheduled police interrogation if an urgent matter arises?

A3. If you have a legitimate reason to change your scheduled date, you can contact the investigator handling your case and request a new appointment.

However, repeatedly postponing police interrogation without any adequate explanation may raise concerns about whether you are attempting to delay the investigation on purpose. Depending on the circumstances, the investigative authorities may consider further measures, including an arrest warrant.

05 Internet prostitution involving foreign nationals can lead to Deportation

It is important to have accurate information regarding legal issues in order to respond effectively.

As the case could result in actual sentence and ultimately a Deportation Order, it is advisable to consult a lawyer experienced in such cases if you have any questions or uncertainties about your legal position.