성매매를 둘러싼 정책 경향은 유럽 각국마다 매우 다양하지만, 일반적으로 평가해 볼 때 성매매 자체를 인정하지 않고 따라서 성매매 행위를 처벌하는 금지주의, 성매매에 대해서 형사적 처벌을 규정하고 있지 않는 비범죄주의, 성매매를 부분적으로 인정함으로써 범죄화를 막자는 취지의 합법적 규제주의로 정리할 수 있다. 금지주의는 모든 종류의 성매매 행위를 법적으로 금지하여 성매매 행위자들을 처벌하는 형태로서 스웨덴이 여기에 속한다. 비범죄주의는 성매매 행위 자체를 처벌하는 규정이 존재하지 않지만, 성매매를 합법적으로 인정하지도 않는 형태이다. 비범죄주의를 채택하고 있는 국가에서는 성매매에 대한 특별한 법 규정을 가지고 있지 않는 경우이지만, 국가마다 성매매 행위 자체를 자유로운 거래로 용인하거나 성매매를 합법적으로 인정하는 문제에 있어서는 일치하지 않는다. 프랑스, 노르웨이, 덴마크, 스위스, 스페인, 폴란드, 핀란드, 이탈리아, 아일랜드, 영국 등이 여기에 속한다. 합법적 규제주의는 일정한 형태의 성매매를 법적으로 인정하고, 특정 지역에서만 성매매를 합법적으로 허용하기 위해서 특정 구역을 제한하고, 성매매 여성은 등록되거나 의료감시체계 등을 이용하며, 세금을 내기도 한다. 네덜란드, 독일, 헝가리, 오스트리아, 터키, 등이 여기에 속한다. 동서고금을 통하여 성매매가 사회도덕이나 개인윤리의 차원에서 비난의 대상이 되어 왔다. 그러나 현대사회로 발전해갈수록 신자유주의적인 세계화속에서 국제적인 성매매가 점점 증가하고 있고 빈곤한 여성에 대한 성착취는 더욱 극심해지고 있다. 본 논문에서는 성매매를 공통의 주제로 하여 문제점을 파악하고 현실적인 대책을 검토하였다. 특히 어떤 근거로 성매매를 규제하는지를 살펴보았고, 이를 바탕으로 성매매를 규제하고 있는 EU 국가들 법의 내용을 면밀하게 살펴본 후에, 또한 한국에서의 적용가능성을 고찰하였다.

Prostitution means trading the sexual acts by paying money. There are cognitions which distinguishes prostitution from other trade in our society. Also, legal system is in existence that punishes prostitution. Though legal provisions exist,they are not observed well actually compared with other law. If legal provisions are not effective, we have to find out the cause in external law system such as social ideas, customs, and attitudes. Specially, in the side of cognition, it needs to solve a fundamental problem why we have to regulate prostitution by law. The problem is difficult but it is inevitable because it is impossible to eradicate prostitution without solving the problem. However, the profound discussion about punishment of prostitution is not made actually. The discussion is only made in amendment of law and trying which is related to the amendment. Therefore, the gap between law and reality is more serious by holding the law without changing the cognition. Moreover, the law of prostitution becomes nominal. If many people cannot realize the illegality of prostitution, the gap between legal regulation and reality is conspicuous. Strategies to prostitution in countries of the world are various and they are not concentrated to one way. Therefore, it is difficult to arrange and classify the Strategies to prostitution in countries of the world. However, it can be classified into “penalization” which doesn’t admit prostitution and punishes it, “abolition” which doesn’t regulate criminal penalties, and “regulation” which admit prostitution partially so that prohibit crime. Penalization prohibits all of prostitution by lawso that punishes buyer and seller of prostitution. Penalization is adopted in China, Vietnam, Japan, Taiwan, Sweden, U.S.A. (except Nevada), and Korea. Abolition has no regulation which punishes prostitution but it doesn’t admit prostitution legally. The countries which adopting abolition don’t have special regulation but they are discordant to admit prostitution legally. Abolition is adopted in France, Norway, Denmark, Switzerland, Spain, Poland, Finland, Italy, Ireland, England. Regulation is adopted in Netherland, Germany, Hungary, Austria, Turkey, and Nevada in U.S.A. In Switzerland, prostitution is admitted in certain region not in the center of city or place of residence. In Germany, there are red-light districts for permitting prostitution and federal states are permitted to prostitute for certain region or certain time. Although there are differences between each politic of countries, forced and deceived acts like minor prostitution, intercession or extortion of prostitutes, and human traffic are prohibited. This corresponds to “Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others” of UN, and this forced prostitution is regulated legally in abolition countries. Each legislation and politic is not for the punishment or regulation of prostitution itself but for the eradication of women’s exploitation, protection their human rights and life. It is impossible to eradicate or regulate prostitution perfectly in any society. Therefore, the legislation politics about prostitution is meaningful when it can control prostitution and minimize the problems. So it is necessary to make the law relatively so that prostitution should be treated as the social structural problems like rule, exploitation, and violation instead of the each behavior which is needed the moral or legal estimation. The necessity of the law is to support the organization of prostitutes, prevent human traffic and enforced detention and violation, and punish violent or abnormal pimp and buyer of sex. This is coincidence with the global legislation of the world prostitution law including the UN agreement.

Prostitution means trading the sexual acts by paying money. There are cognitions which distinguishes prostitution from other trade in our society. Also, legal system is in existence that punishes prostitution. Though legal provisions exist,they are not observed well actually compared with other law. If legal provisions are not effective, we have to find out the cause in external law system such as social ideas, customs, and attitudes. Specially, in the side of cognition, it needs to solve a fundamental problem why we have to regulate prostitution by law. The problem is difficult but it is inevitable because it is impossible to eradicate prostitution without solving the problem. However, the profound discussion about punishment of prostitution is not made actually. The discussion is only made in amendment of law and trying which is related to the amendment. Therefore, the gap between law and reality is more serious by holding the law without changing the cognition. Moreover, the law of prostitution becomes nominal. If many people cannot realize the illegality of prostitution, the gap between legal regulation and reality is conspicuous. Strategies to prostitution in countries of the world are various and they are not concentrated to one way. Therefore, it is difficult to arrange and classify the Strategies to prostitution in countries of the world. However, it can be classified into “penalization” which doesn’t admit prostitution and punishes it, “abolition” which doesn’t regulate criminal penalties, and “regulation” which admit prostitution partially so that prohibit crime. Penalization prohibits all of prostitution by lawso that punishes buyer and seller of prostitution. Penalization is adopted in China, Vietnam, Japan, Taiwan, Sweden, U.S.A. (except Nevada), and Korea. Abolition has no regulation which punishes prostitution but it doesn’t admit prostitution legally. The countries which adopting abolition don’t have special regulation but they are discordant to admit prostitution legally. Abolition is adopted in France, Norway, Denmark, Switzerland, Spain, Poland, Finland, Italy, Ireland, England. Regulation is adopted in Netherland, Germany, Hungary, Austria, Turkey, and Nevada in U.S.A. In Switzerland, prostitution is admitted in certain region not in the center of city or place of residence. In Germany, there are red-light districts for permitting prostitution and federal states are permitted to prostitute for certain region or certain time. Although there are differences between each politic of countries, forced and deceived acts like minor prostitution, intercession or extortion of prostitutes, and human traffic are prohibited. This corresponds to “Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others” of UN, and this forced prostitution is regulated legally in abolition countries. Each legislation and politic is not for the punishment or regulation of prostitution itself but for the eradication of women’s exploitation, protection their human rights and life. It is impossible to eradicate or regulate prostitution perfectly in any society. Therefore, the legislation politics about prostitution is meaningful when it can control prostitution and minimize the problems. So it is necessary to make the law relatively so that prostitution should be treated as the social structural problems like rule, exploitation, and violation instead of the each behavior which is needed the moral or legal estimation. The necessity of the law is to support the organization of prostitutes, prevent human traffic and enforced detention and violation, and punish violent or abnormal pimp and buyer of sex. This is coincidence with the global legislation of the world prostitution law including the UN agreement.

Prostitution, Penalization, Abolition, Regulation, Traffic in Persons