성판매자 비범죄화를 위한 시론 - 「성매매특별법」을 둘러 싼 쟁점과 여성주의 대안 모색 -

초록

This paper analyzes newly emerging issues around the Korean anti-prostitution law enacted in 2004 and develops persuasive discourses and effective policies and practices from a feminist perspective. First, I analyze several inherent problems of the law and its implementation, as well as the constitutionality of the law: forced versus voluntary prostitution differentiation, which leads to suppression of prostitutes. I examine the so-called “balloon-effect” of the law, a phenomenon where policing and targeting prostitutions in congregated brothels results in changing the forms and locations of prostitution (e.g., prostitution moving into scattered areas such as residential areas). Second, I expand a theoretical and epistemological framework on prostitution based on the concepts of “gendered violence” and “feminist justice.” Third, I suggest decriminalization of prostitutes. Finally, I argue that the issues of prostitution cannot be separable from social justice issues because they are too closely linked with the widening inequality under neoliberalorder and gendered violence. To resolve the issue of prostitution, resource distribution system should be fundamentally changed to ensure fairness and equality and cultural recognition of prostitution should be linked to feminist empathy, solidarity, and praxis.

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