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피해자식별지표(영어)

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작성자 seolo
댓글 0건 조회 55회 작성일 24-08-23 16:45

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피해자식별지표 등 번역(영어)

Indicators for Identification and Protection of Victims (hereinafter referred to as Indicators for Identification of Victims)

1. General Application Criteria

A. The Victim Identification Index is a generalized index developed to support the rapid and accurate discovery and investigation process of victims, such as those of human trafficking (hereinafter referred to as "victims"). Public officials and others, as stated in Article 13 (1) of the Act, shall actively utilize the relevant checklist of 'action,' 'means,' and 'purpose' in the following indicators when there is a suspected victim or when victims are reported.

B. The head of a related agency under Article 13 (1) of the Act may add indicator items or modify phrases from a victim-centered perspective, taking into account the nationality, gender, age, occupational characteristics, etc., of a person who has suffered human trafficking or similar circumstances (hereinafter referred to as "potential victim").

C. In accordance with the proviso to the latter part of Article 2, Subparagraph 1 of the Act, children, adolescents, or persons with disabilities may be considered victims even if they do not fall under the "means" item among the following indicators.

D. Even if the potential victim agrees in advance to each item of 'action,' 'means,' and 'purpose,' it does not affect their identification as a victim.

 

2. Detailed Inspection Items of Victim Identification Indicators

A. Items corresponding to 'actions' of human trafficking are as follows.

Category

Requisite

They promised to meet with the recruiter and pay a fee (intermediary fee, departure deposit, etc.) through personal and family contact networks or after seeing job advertisements (print media, radio, television, Internet, social network services, etc.).

Recruitment

They moved to a new address, a different country, away from where they lived, and accompanied the person who recruited or moved them without prior consent to the destination.

Transport

Before reaching the final destination, they had to stay in a restricted place for a certain period of time.

Concealment

They were handed over to a third party by the person who recruited or moved them.

Takeover

 

B. Items corresponding to 'means' of human trafficking are as follows.

Category

Requisite

They moved against their will due to assault and intimidation against them or their families, or their free movement was restricted or isolated.

Force

(including assault, intimidation, coercion, arrest, confinement, and drugging)

The explanations (notifications) of what to do at the time of recruitment were different from what they actually did or the working conditions, but they had no choice but to comply with the working conditions suggested by the employer.

Hierarchy

(including inducements such as fraud and deception)

Due to the control, they could not move or leave freely, such as debt owed to the recruiter or inability to own documents such as salary bankbooks or identification cards against their will.

Other equivalent means

(including abuse of power, exploitation of vulnerability, control management, etc.)

Examples of 'other equivalent means' among the above 'means' are as follows.

Economic control

The workplace imposed excessive fines using unfair rules.

Movement and related expenses incurred during the relocation process (preparation of certificates, issuance of visas, travel expenses, accommodation, departure deposit, etc.) made it impossible to quit the job due to the debt burden.
the movement and related

They hardly received any money for their work or were unable to manage their salaries on their own.

Physical control

They were subjected to sexual or physical violence, or repeated verbal abuse by employers, agency officials, brokers, workplace officials, etc.

They were forced to do work that did not meet or agree with the terms of the contract, or they had to work even after the end of working hours.

Regardless of their will, they were moved to another business establishment (prostitution, entertainment establishment, massage parlor, club, etc.) or worked in various areas.

They were monitored, employers and other people coming in and out of the accommodation freely.

Food, water, and daily necessities were restricted, and medical services were limited.

Due to security devices such as barred windows, locked doors, and electronic surveillance, they were imprisoned with restricted free movement.

Permission was required to go out, and, against their will, they had to be accompanied by another person. In addition, permission was required to communicate with the outside world (exchanging letters, telephones, mobile phones, etc.).

They could not have an identification card such as passport or ID card, or their request for returning of their identification card was rejected.

Emotional control

They were unable to quit their job due to threats of harm to them, their family, or their acquaintances.

A sense of fear that they would be expelled from the country or sent to a worse place was created.

A sense of fear was created, suggesting that, if they reported to the police, they would be punished as if they committed an illegal act (prostitution, illegal stay, criminal acts, etc.).

Distrust of the police were established, such as by telling the victims that there are connections within the investigative agencies or the courts and that it was useless to report to the police.

They were threatened that, if they escaped from the establishment (prostitution, entertainment establishment, massage parlor, club, etc.), their family and acquaintances would be informed of their involvement in prostitution or that photos and videos that made them feel sexually humiliated would be taken and shared.

Fear was instilled by keeping them unaware of their current address and location and by preventing them from communicating.

C. Items corresponding to 'purpose' of exploitation such as human trafficking are as follows.

Category

Requisite

They could not manage their salaries on their own under the pretext of repaying their debts for the travel and related expenses incurred during the relocation process (preparation of certificates, issuance of visas, travel expenses, accommodation, departure deposit, etc.).

Common

They were unable to quit their jobs at their free will or were forced to work against their will.

They were forced to engage in prostitution or were sexually exploited.

Prostitution and Sexual Exploitation

Legitimate working conditions (minimum wage, allowances, working and rest hours, provision of room and board, etc.) were not consistently guaranteed.

Labor Exploitation

They were forced to do work not included in the contract, and if they did not work, they were subjected to physical or repeated verbal abuse.

Illegal organ transplants are suspected due to the person claiming organ extraction or showing traces or wounds on the body.  

Exploitation such as organ harvesting

 

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