“디지털 성범죄” 관련 정부대책과 개선방안

Abstract

Recently, criminal case of secretly filming inside the women’s shower stalls in outdoor swimming pool and spreading the filmed videos on web site has shocked the society. The crime, so called as ‘hidden camera’ or ‘video voyeurism’, that secretly films or takes a photo of other people’s bodies in daily life and unlawfully disseminates the images above is steadily increasing. Due to the increasing harm to the victims caused by the video voyeurism and boosted social criticism against the video voyeurism, the government prepared a comprehensive countermeasure to prevent the ‘digital sexual offences’ and announced strong penalties and regulations on the video voyeurism crimes, in September 2017. In the content of measures, the term ‘digital sexual offences’ and ‘unlawful capture of image’ are referred as a substitute for the previous term, ‘hidden camera’. Also, various measures related to ‘regulating the unlawful capture and dissemination of image’ and ‘supporting the victims are included in the government’s plan. However, there are some points that need to be complemented further; (1) to specify the definition and modify legal term of ‘digital sexual offences’ and ‘unlawful capture of image’ along with establishing alternative legal terms for the term 'revenge porn'; (2) to prepare legislation that invigorates international cooperation for dealing with the unlawful images dissemination cases occurring abroad; (3) and to establish, strengthen the penalty for non-profit capture or dissemination of unlawful image. In conclusion, it is necessary to complement the gaps and limitations of existing legislation and, if needed, to strengthen the penalty but to also systemize the countermeasures against video voyeurism crimes. Also, support for victims should be included in the solutions.