Indecent Act by Compulsion in KOREA Criminal LAW

Abstract

This paper deals with the controversy over the gap between the theory and practice of the concept of forced harassment in Korea, in particular so - called ‘indecent act by blitz’. The concept of ‘indecent act by compulsion’ is necessary for a criminal offense to be established by korean criminal law. However, since the Supreme Court admits that ‘indecent act by blitz’ is one of indecent act by compulsion, there is a difference in opinion on the concept of indecent act by compulsion between the legal practice and legal academia. The concept of indecent act by compulsion includes sexual molestation. The concept of the sexual molestation that academics and practitioners generally agree is as follows. The content of sexual molestation is an act in which an actor acts for sexual stimulation, excitement, or satisfaction, and is an act that causes the victim to feel feelings of sexual shame and disgust, and is an act that infringes the victim s sexual freedom. However, there is a great difference between the general interpretation of the academic community and the interpretation of the practice in relation to the specific scope of indecent act by compulsion, which is the subject of criminal offense. This paper analyzes Supreme Court precedents and academics viewpoints to solve these problems. The purpose of this study is to analyze the meaning of sexual molestation and threat and assault expressed in cases and doctrines and analyze the meaning of sexual self - determination right, the essential characteristics of sexual molestation, and the threat and assault.