혐오범죄의 형사법적 규율에 관한 제언 - 미국의 혐오범죄예방법(Hate Crimes Prevention Act) 및 혐오범죄통계법(Hate Crime Statistics Act)을 중심으로

Abstract

Since in USA have been passed in 1969 <the Hate Crime Prevention Act (HCPA)> and in 1990 <the Hate Crime Statistics Act (HCSA)>, has been collected and reported the data of the Hate Crime. ‛The Hate Crime Statistics Program(HCSP)' of the FBI's Uniform Crime Reporting(UCR) Program collects data regarding criminal offenses that are motivated, in whole or in part, by the offender's bias against a race, religion, sexual orientation, ehnicity/national origin. or disability and are committed against persons, property, or society. Because motivation is subjective, it is sometimes difficult to know with certainty whether a crime resulted from the offender's bias. The presence of bias alone does not necessarily mean that a crime can be considered a Hate Crime. Only when law enforcement investigation reveals sufficient evidence to lead a reasonable and prudent person to conclude that the offender's actions were motivated, in whole or in part, by his or her bias, should an incident be reported as a hate crime. For the prevention of Hate Crime should be discussion on enactment of new panelties in korea.