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Human trafficking: statutory penalty and likely requested sentence
The statutory penalty for Human trafficking and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Simple buying or selling: up to 7 years in prison / For indecent acts, sexual intercourse, marriage or profit: 1 to 10 years in prison / For exploitation, or transfer abroad: 2 to 15 years in prison (a fine of up to KRW 50 million may be added)
- Legal basis
- Criminal Act, Article 289
- Category
- Violence
Calculate with your own circumstances
Likely handling
Detention considered
- Handling standard
- Detention as a rule
This is a serious crime for which investigation in detention is, as a rule, considered.
Statutory penalty
Simple buying or selling: up to 7 years in prison / For indecent acts, sexual intercourse, marriage or profit: 1 to 10 years in prison / For exploitation, or transfer abroad: 2 to 15 years in prison (a fine of up to KRW 50 million may be added)
Criminal Act, Article 289
- If the victim is under 18, it may be punished more heavily under the Child Welfare Act and other laws.
- If the victim is released to a safe place, the penalty may be reduced.
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case and the judgment of the prosecutor in charge. The final sentence is decided by the court.
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
- Handling standard
- Detention as a rule
This is a serious crime for which investigation in detention is, as a rule, considered.
Notes
- If the victim is under 18, it may be punished more heavily under the Child Welfare Act and other laws.
- If the victim is released to a safe place, the penalty may be reduced.
Frequently asked questions
- Human trafficking: what is the statutory penalty?
- Legal basis: Criminal Act, Article 289. Statutory penalty: Simple buying or selling: up to 7 years in prison / For indecent acts, sexual intercourse, marriage or profit: 1 to 10 years in prison / For exploitation, or transfer abroad: 2 to 15 years in prison (a fine of up to KRW 50 million may be added).
- Human trafficking: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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