인신매매방지법상 피해자 보호의 한계와 개선방향

Abstract

Today, slavery is prohibited in most countries. However, human trafficking is acting as a transformation that continues the legacy of slavery. Accordingly, the international community has continued various efforts to eradicate human trafficking. Efforts to prevent human trafficking have been diversified in Korea, and some legislative results can be found. Representatively, the revision of the criminal law(April 5, 2013) can be cited as an example, and the Trafficking Prevention Act enacted on April 20, 2021 and enforced on January 1, 2023 is expected to be a full-fledged starting point for the protection of human trafficking victims.
 The purpose of this article is to review the Human Trafficking Prevention Act, which was enacted relatively recently for the purpose of preventing human trafficking and protecting and supporting victims of human trafficking, which has not been discussed in earnest. To this end, ① current status of human trafficking in Korea(II), ② problems of the recently enacted and enforced Human Trafficking Prevention Act(Ⅲ), and ③ ways to improve these problems(IV) were presented. Accordingly, ① the lack of data that can accurately grasp the current status of human trafficking, ② the problem of the main concept of the Human Trafficking Prevention Act, the problem of the human trafficking punishment regulation, and the problem of the victim protection procedure, The procedure for issuing a confirmation letter for victims of human trafficking, etc. was reviewed. ③ As a way to improve upon these problems, the interpretation of ‘human trafficking, etc.’ in the law, the necessity of deleting ‘crimes such as human trafficking, etc.’, and human trafficking in the criminal law The need for revision of regulations and other system improvements for early identification of victims were suggested.