[Exclusive] Teens in Chat Apps, Actually Undercover Investigators?…Full Introduction of 'Sting Operations' to Crack Down on Minor Prostitution

Plan for Intensive Crackdown on Inducing and Soliciting Child and Adolescent Prostitution
Police Actively Considering Use of 'Opportunity-Providing Sting Operations'
Undercover Investigators Disguised with Profiles Deployed
"Police Are Watching, and a Crackdown Will Happen Eventually"

[Asia Economy Reporter Lee Gwan-ju] #. Mr. A discovered the profile of a runaway teenager on a chat application. Mr. A made a ‘secret’ offer to the teenager, saying he would give money. When Mr. A went to the agreed meeting place, he was met not by the teenager but by police officers. Faced with the evidence presented by the police, Mr. A had no choice but to admit to the charges.

This is not a scene from a movie or drama. It is a situation that sex buyers targeting minors may have to face in the future. To crack down on inducement and solicitation of prostitution targeting minors on random chat apps and other platforms, the police are fully introducing ‘sting operations.’ Since last year’s so-called ‘Telegram Nth Room’ case, calls for the introduction of sting operations have grown louder, and this is the first time the police have planned to actively use them for crackdowns.

According to the police on the 21st, the National Police Agency plans to conduct an ‘intensive crackdown on inducement and solicitation of prostitution targeting children and adolescents’ in the first half of this year as part of its plan to protect socially vulnerable groups. The police will crack down on inducement and solicitation of prostitution targeting children and adolescents occurring on social networking services (SNS) such as chat apps, which are major channels for child prostitution, while also providing victim protection and support.

In particular, the police are considering actively utilizing ‘opportunity-providing sting operations’ in this crackdown. This involves police officers creating profiles pretending to be children or adolescents on chat apps or SNS and engaging in activities. If someone expresses intent to engage in prostitution via messenger or messages, the police will exchange conversations or messages regarding the meeting time, place, and conditions, capturing and securing these messages as evidence to the fullest extent possible. When the sex buyer arrives at the meeting place, they will be arrested through voluntary accompaniment or other means, and if they attempt to flee, an arrest warrant will be issued to pursue them. Even after arrest, if necessary, search warrants will be obtained to conduct digital forensic investigations on mobile phones and continue the investigation.

▲Photo of crackdown on juvenile prostitution using chat apps (Source=Ministry of Gender Equality and Family)

Until now, sting operations by investigative agencies have walked a fine line between legality and illegality. According to Supreme Court precedents, ‘inducement-type sting operations,’ where investigative agencies use tricks or schemes to induce criminal intent in individuals who originally had no criminal intent, are illegal. Nevertheless, following the Telegram Nth Room case, calls for the introduction of sting operations to strengthen responses to sexual crimes against children and adolescents have increased. In April last year, the government’s ‘Digital Sexual Crime Eradication Measures’ included plans to utilize police ‘undercover investigations.’

Accordingly, the police analyzed precedents and confirmed that simple requests for criminal acts do not constitute sting operations. They also consulted legal experts and received responses indicating that ‘police officers writing phrases or posting photos on chat apps that could appear to be from children or adolescents, or passively responding to conversations initiated by others, cannot be seen as inducing criminal intent and is therefore legal.’ In other words, they tentatively concluded that ‘opportunity-inducing sting operations’ are legally permissible.

However, since operations that induce criminal intent where none existed remain illegal, caution is still required during crackdowns. For example, if an officer disguised as a child or adolescent initiates a proposal for prostitution, it could be considered an illegal sting operation. The police stated, “We are considering using opportunity-providing sting operations to instill the awareness that the police are watching and that crackdowns will eventually occur.”