성매매방지특별법 제정 ･ 시행 과정에서 성노동자의 인권

Human Rights of Sex Workers in the Enactment and Enforcement of Anti-Prostitution Law

The purpose of this study is to focus on potential ‘differences among women, which have been revealed in the enactment and enforcement of the Anti-Prostitution Law, so that it can explore into possible alternative ways of feminist politics to allow various aspects of woman subjectivity to get along well with one another. Contrary to existing assertions made by woman movement, this study focuses on analyzing why the AntiProstitution Law fails to assure human rights for sex workers. In other words, the Anti-Prostitution Law aims to eradicate sex works, so sex workers are drive out from the benefit of human rights. Besides, our sex workers are socially disregarded in the dilemma of forced vs. voluntary measures, and their right to live still remains threatened. Korean woman movement has challenged male chauvinistic paradigm throughout all social aspects and thereby has contributed to improvement of human rights for the social weak. In particular, this movement has contributed to creating perspectives about human rights in the daily and specific context of life beyond simple abstract and universal concepts of human rights. However, ‘voices of sex workers have revealed a ‘crisis of gender politics in Korean woman movement since the enactment of Anti-Prostitution Law, and explain why it is required to stop overlooking the issue of differences among women. In the enactment and enforcement of the Anti-Prostitution Law, our woman society still limits ‘deal of sexual services only to gender issues through bargain with various interested parties including government, so that the multilateral and multi-layered life of sex workers becomes construed to be ‘victim.’ But the said law which aims to legally protect sex workers had its binding force on protecting only women who are defined as ‘victim’, while excluding ‘woman agency who want to keep working in the places of sex work. As a result, sex workers are socially more disregarded. Besides, the enforcement of the said law still relies only on temporary control and strict punishment without any improvement of patriarchal legal practices, so that it reveals limitations even in legal effectiveness. In order to conceptualize sex work and sex workers, this study gave an overview about origin of a word ‘sex workers and historical controversies about sex works. And this study sought to analyze the social context of sex workers human rights left out from the Anti-Prostitution Law from the perspectives of institutionalized woman movements. Then, it sought to analyze the exposed limitations of said law, such as legalism and victimized sex workers.