How to Avoid Arrest for Operating a Swedish Massage Business Subject to Crackdown

This is LAWFIRM LEAP, where three attorneys, including those with backgrounds at large law firms and the police, work together as a team on cases.

We believe some readers of this column may have been caught in a crackdown while operating a massage business and are now facing criminal proceedings.

As cases of quasi-sexual acts or direct sexual intercourse occurring through massage establishments have increased, crackdowns on Swedish massage businesses have intensified.

If caught in such a crackdown, you may be punished on charges such as arranging prostitution.

The penalties for this offense are severe. Since accurately and favorably explaining your position at the initial investigation stage can help you avoid the risk of imprisonment, it is necessary to receive the assistance of a specialized attorney and attend the statement-taking process together with counsel.

With that in mind, today we will explain the level of punishment for this matter and the available remedies.

Since our attorneys at LAWFIRM LEAP, who have experience at large law firms and as former police officers, handle these cases, we understand the police's perspective better than anyone, and have deep understanding of and know-how regarding the investigation process.

Therefore, if you are in this situation, we hope reading this article will help you determine a direction for your initial response.

If a police investigation is imminent and you need a legal representative's practical strategy and assistance, please feel free to contact us at LEAP.

01Swedish Massage Crackdowns: What Level of Punishment?

Swedish massage establishments are often misused as places for engaging in quasi-sexual acts or for arranging prostitution, beyond providing legitimate services.

If records of such activity are discovered or a direct crackdown occurs on-site, this becomes subject to criminal punishment under law.

Both buying and selling sex are acts carrying legal liability, and in particular, arranging, soliciting, inducing, coercing, providing a place, and providing funds involved in this process are also subject to punishment.

02Article 19 (Penal Provisions) of the Act on the Punishment of Arranging Prostitution and Related Acts

(1) Any person who falls under any of the following shall be punished by imprisonment for not more than 3 years or a fine not exceeding KRW 30 million. 1. A person who has arranged prostitution, etc. 2. A person who has recruited a person to sell sex 3. A person who has introduced or arranged employment to cause a person to sell sex (2) Any person who falls under any of the following shall be punished by imprisonment for not more than 7 years or a fine not exceeding KRW 70 million. 1. A person who has arranged prostitution, etc. as a business 2. A person who has recruited a person to sell sex and received consideration therefor 3. A person who has introduced or arranged employment to cause a person to sell sex and received consideration therefor

These offenses include both cases of recruiting a person to sell sex and receiving consideration, and cases of merely making an introduction.

Therefore, if you are caught in a crackdown on such an establishment, it is difficult to avoid the charge, so you must actively explain the offense at the initial investigation stage.

This offense is likely to be viewed as malicious, intentional, and habitual, so it is essential to make a proper statement during the initial police investigation.

And to prepare a statement suited to the circumstances, you need the help of an attorney specializing in sex crimes who understands the case properly. By retaining an attorney, you can prepare your statement before the police investigation and have counsel accompany you during the actual investigation to prevent making unfavorable statements or receiving unfavorable treatment during the investigation stage.

Since property acquired through such illegal acts is subject to confiscation or collection, you should establish a defense strategy to avoid a livelihood crisis resulting from this.

As this is a matter that is harder to resolve than expected, we recommend addressing it together with an attorney who has experience resolving numerous such cases.

03Swedish Massage Crackdowns: What Are the Remedies?

In many cases, leniency is difficult to obtain even for a first-time offender or attempted offense, and if the period of the conduct is long and circumstantial evidence clearly shows habitual arrangement of various forms of prostitution, the likelihood of actual imprisonment is high.

Therefore, when the evidence is clear, acknowledging the offense and appealing for leniency, rather than denying the charge, can be the strategic response.

In particular, if you were arrested during an on-site crackdown, or if direct evidence such as online records or text/chat app messages with customers has been secured, denying the charge is unlikely to be a favorable response, as it may be seen as aggravating the offense, showing no sign of remorse, and raising a risk of flight, which could even lead to detention.

Therefore, if the offense is established, you should promptly acknowledge the wrongdoing and cooperate with the investigation in a remorseful manner, and appeal for leniency by presenting materials demonstrating your willingness to prevent reoffending—showing that the business had not operated for long, that engaging in quasi-sexual acts beyond massage was not the purpose from the outset, and that the profits or consideration earned from the business were not substantial.

By cooperating with the investigation and consistently explaining that, in light of the circumstances, this was not organized criminal activity, that the number of instances of illegal conduct was small, and that a sentence of actual imprisonment could jeopardize the livelihood of your family as the household head, you may succeed in defending against detention.

However, since a coercive-style investigation may be conducted in such situations, it is advantageous to obtain assistance from an experienced professional in order to promptly gather sentencing materials that could enable legal leniency without undergoing detention-based investigation.

Only then can you defend against criminal punishment while also preparing for the process of proving your profits so that the financial damage is not significant, preventing an excessively high amount of collection.

Because we have experience conducting investigations, we are able to respond effectively to investigations.

The attorneys at LAWFIRM LEAP have handled numerous sex crime cases while working at Kim & Chang and Bae, Kim & Lee, the country's largest law firms, and as former police officers, have carried out numerous initial investigations into prostitution and other sex crimes, giving us in-depth know-how needed to respond to police investigations.

Therefore, we can advise you on how to actively substantiate the client's position to prevent detention and minimize legal liability.

If today's information alone does not resolve your concerns, please feel free to contact us at LEAP at any time.

We will thoroughly prepare a customized strategy tailored to each client's situation, starting from the response to the police investigation.

Thank you for reading this long article.