성폭력처벌법 제14조를 기반으로 한 디지털성범죄의 합리적 대응방안 연구

Abstract

Recently Cho Jubin’s ‘the Nth Room’ incident has socially imprinted the gender violence problem. The Moon Jae-in government is currently preparing countermeasures against digital sexual crimes at the government level, and is developing legislations to fill the gaps of the regulations. Advances in technology and the establishment of legislation and countermeasures to punish such new crimes are a necessary process to recognize that digital sex crimes are both violent and crimes against women. In addition, insufficient preparation of countermeasures and lenient punishment against criminals indicates not only a lack of the legal system, but also a problem in the process of law enforcement and cultural issues in society as a whole. The current study examines the subject of analysis in Article 14 (Shooting using cameras, etc.) of the Act on Special Cases Concerning the Punishment, ETC of Sexual Crimes (“the Act”) among digital sexual crimes in order to find out rational and objective countermeasures against illegal shooting and distribution of such illegal photographs and deletion of information, and so on. Therefore, the rational countermeasures of crime investigation and information deletion to prevent the distribution of illegal photographs are presented as follows. First, it is necessary to strictly apply the Act to those who have distributed illegal photographs in the online, and reinforce the initial investigation and an active investigation against the distributor who distributed such illegal photographs throughout overseeing websites, and a legislation to expand the subjects of the Act is required. Second, a legislation is required to reduce the process of reviewing illegal recordings, improve the technology to block access to illegal oversee websites, and strengthen the responsibility of platform operators at home and abroad under the Act to prevent spread of illegal recordings. Furthermore, this study presents the rational legislation of crime investigation and information deletion to prevent the distribution of illegal photographs as follows. First, it is necessary to punish the person who has taken his or her own body for the purpose of distribution as sexual violence, and it is also necessary to punish the person who downloaded such illegal files by a portable terminal such as Smart phone or computers in order to fundamentally prevent the spread of illegal photographs, and so on. Second, it is necessary to impose an obligation to prevent and stop the transmission or detection of illegal recordings to the online service providers, and in the event of negligence, it is necessary to hold them responsible to fundamentally block the distribution of illegal recordings. Third, it is also necessary to punish those who organized a group for the purpose of crime or subscribe such group to act as a member by the punishment as set for such crime to prevent distribution of such illegal recordings fundamentally.