아동 · 청소년 성범죄관련 처벌규정의 문제점과 개선방안

Abstract

The problems on sex offense against children and juveniles have been handled by applying special laws for sex crime which have provisions for raised penalty. Special laws have been applying to the sex offense against children and juveniles without any considerations about unique nature of children and juveniles, and the relations among other relative laws. As a result, the punishment under criminal law and relative special law conflict each other. The object of the punishment for sex crimes is obscure because relative laws are scattered. The scope of criminal behaviors applied to rape extends. Also, it brings out problems on the offenses subject to prosecution on complaint and interruption of prescriptive period for public prosecution. The solutions to solve these problems mentioned above are as follows. First, statutory punishment for adultery against minors under thirteen years of age, rape against juveniles under nineteen years of age, adultery by a deceptive scheme or by force, etc should be standardized. It can be done by reviewing and rearranging the article 8-2 of Act on the punishment of the sexual violence crime and protection of victims (PSVCPC), and the article 7 of Act on the prevention of child and juvenile from sexual abuse. Death penalty for negligent homicide under article 10 clause 3 of PSVCPC should be eliminated because it is not desirable. The statutory punishments between rape accompanied by injury and injury resulting from rape, and that between rape accompanied by injury and indecent act by compulsion accompanied by injury need to be discriminated. Attempted adultery against minors are also punished. Second, sexual acts similar to sexual intercourse should be punished because the typology of sex crimes vary. However, sex harassment under article 29 clause 2 of Child Welfare Act should be eliminated. Third, the provision of the offenses subject to prosecution on complaint for adultery against minors or rape against minors under thirteen years of age also needs to be eliminated. Fourth, the interruption of prescriptive period for public prosecution must be suspended until the victims become adult because the disclosure of victimization is difficult to them because of the relationship between victim and offender in sex crime against children and juveniles.