불법촬영물의 제재방안에 대한 고찰 - 행위유형에 따른 기준제시를 중심으로 -

Abstract

This paper tried to find an effective countermeasure while supplementing the deficiencies by reviewing the appropriateness of the regulation under the current law on digital sexual crimes caused by the illegal filming. To this end, the types of illegal filming were systematically classified and the risks of each type were analyzed. The rapid development of information and communication technology has brought the miniaturization and improvement of performance of imaging devices, and made it possible to take images or photos without time and place restrictions. This brought positive changes, such as increasing convenience in life, but also contributed to the rapid increase in new types of crimes. Among them, digital sexual crimes using the illegal filming caused a social wave, and the ‘Nth Room’ incident that occurred in 2020 was at the center of it. In the case of ‘Nth Room’, more than half of the victims were found to be teenagers, so the entire nation was outraged. This incident served as an opportunity to strengthen punishment through enforcement of policies to eradicate digital sexual crimes and amendment of laws. However, crimes related to illegal filming or the production of videos are continuously increasing. Reinforcement of punishment through simply amendment of laws and broad punitiveism based on the abstract and comprehensive elements cannot be the starting point for solving the problem. By systematically analyzing the types of illegal filming appearing in various forms, it is necessary to present a countermeasure suitable for it. Of course, the prevention effect of crime through strong punishment cannot be overlooked. Therefore, it is necessary to propose legislation that the public can accept by supplementing the deficiencies in related laws. In order to solve the problem more effectively, a comprehensive and systematic response system is needed to strengthen the capability of the investigative agency to directly respond to crimes on the spot. To this end, the construction of an investigation manual according to the type of illegal filming, the preparation of a manual for seizure and search of digital evidence for on-site investigative personnel, the advancement of the investigation support system, and measures for strengthening domestic and overseas cooperative activities and investigation were suggested. In the case of digital sexual crimes using the illegal filming, most of them use the Internet, so they spread widely, spread quickly and are easy to replicate. Since these characteristics cause repeated and lasting harm, the issue of victim protection should never be overlooked.