Last Change:
05/27/2025
Act on Prevention of Human Trafficking and Protection of Victims
Year: 2023
Type: Domestic law
Rights Category: Freedom of movement, Liberty & security of person, Social protection
Description
The purpose of this Act is to contribute to promoting human rights by preventing human trafficking, etc. and protecting and supporting victims thereof.
Selected provisions
(1) Any of the following victims of human trafficking, etc. (hereinafter referred to as "victim") shall be protected and supported under this Act:
1. A child, youth, or person with a disability who suffers damage from human trafficking, etc.;
2. A victim of a crime of human trafficking, etc. (hereinafter referred to as "victim of a crime");
3. A person who suffers damage from human trafficking, etc. (excluding a person falling under either subparagraph 1 or 2) and is issued with a certificate by the Minister of Gender Equality and Family pursuant to Article 14.
(2) A victim under paragraph (1) shall fall under any of the following:
1. A person with Korean nationality who suffers damage from human trafficking, etc. in the Republic of Korea or a foreign country;
2. A foreigner who stays in the Republic of Korea as he or she suffers damage from human trafficking, etc. therein.
(1) The Minister of Gender Equality and Family shall formulate and implement a comprehensive plan for the prevention of human trafficking, etc., the protection of and support for victims, and other matters (hereinafter referred to as "comprehensive plan") every five years, in consultation with the heads of relevant central administrative agencies and following deliberation by the Council for Policy Coordination on Prevention of Human Trafficking, etc. established under Article 9. The same shall also apply to any change to be made to the comprehensive plan.
(2) A comprehensive plan shall include the following:
1. Basic direction-setting for policies to prevent human trafficking, etc. and to protect and support victims;
2. Domestic and international policy trends in human trafficking, etc.;
3. Analysis of the current status of a crime of human trafficking, etc. and victims;
4. Matters regarding preventing human trafficking, etc.;
5. Matters regarding identifying, protecting, and supporting victims;
6. Matters regarding improving systems related to preventing human trafficking, etc. and protecting victims;
7. Plans to raise and manage funds for implementing policies for preventing human trafficking, etc. and protecting and supporting victims;
8. Matters regarding the sharing of roles among central administrative agencies related to policies for preventing human trafficking, etc. and protecting and supporting victims;
9. Other matters prescribed by Presidential Decree, which are necessary for preventing human trafficking, etc. and protecting and supporting victims.
(3) The head of a relevant central administrative agency shall formulate and implement an annual business plan for the prevention of human trafficking, etc., the protection of and support for victims, and other matters, and shall submit such business plan and records on the implementation of the business plan for the preceding year to the Minister of Gender Equality and Family.
(4) The Minister of Gender Equality and Family shall formulate a comprehensive plan by compiling the business plans and records on implementation submitted pursuant to paragraph (3).
(5) The Minister of Gender Equality and Family shall examine the outcomes of implementing a comprehensive plan each year, and shall reflect the results of such examination when changing the comprehensive plan under the latter part of paragraph (1) or formulating another comprehensive plan, if necessary.
(6) Except as provided in paragraphs (1) through (5), matters necessary for the timing of, and procedures and methods for, formulating a comprehensive plan, and other matters shall be prescribed by Presidential Decree.
Pursuant to Article 3, the State and a local government shall endeavor not to exclude foreign victims eligible for support provided under this Act on grounds of their nationality or status of stay in providing protection and support for victims prescribed in Chapter IV.