South Korea allows human trafficking victim certificates for use in legal cases

South Korea has amended its enforcement decree for the Act on the Prevention and Victim Protection, etc. of Human Trafficking, enabling the use of victim identification certificates in a broader range of civil and criminal proceedings. The Ministry of Gender Equality and Family announced on June 22 that the revised decree, effective immediately, removes previous limitations on the certificate's utility.

Until now, the victim identification certificate contained a disclaimer stating it could not be used for purposes beyond victim support services, such as facility admission. This restriction hindered victims from using the document as evidence in trials or other legal matters. The ministry explained that the revision reflects the opinion that broadly limiting the certificate's application was inappropriate, given that the Anti-Trafficking Act guarantees victims' right to a fair trial.

The victim identification certificate was first introduced in January 2023. It has primarily served as a document to verify eligibility for victim support services, including medical, legal, and psychological assistance. For foreign victims, it also functioned as a basis for requesting immigration and residency support from the Ministry of Justice or immigration offices. The removal of the use restriction now permits its application in civil and criminal court proceedings.

According to the Ministry of Gender Equality and Family, 86 individuals have been officially recognized as victims of human trafficking by the state from 2023 to June 23 of the current year. To obtain a victim identification certificate, individuals must submit supporting documents, such as a copy of their identification, family relation certificate, medical diagnosis directly related to trafficking, or employment contract. The central agency for protecting the rights of trafficking victims, located within the Korea Women's Human Rights Promotion Agency, issues these certificates. The document includes basic victim information and details the type of exploitation experienced, such as sexual exploitation, labor trafficking, or organ harvesting.

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This revision reflects the opinion that it is inappropriate to universally restrict the scope of use solely based on the form, as the Human Trafficking Act guarantees the victim's right to trial.