몰래 카메라 범죄의 해석과 입법적 개선방안

Abstract

Voyeurism has recently increased with new technology, such as min-cameras, camera phones and inexpensive surveillance equipment. Sexual crime act section 14 prohibits a person from intentionally capturing and transmitting an image of a intimate body part of a individual causing a sexual desire or sexual shame. It refers that voyeurism is punishable when recording only a particular body part of an individual such as a breast or sexual intimate area. To solve the limit and problem referring to voyeurism, revising regulations in sexual crime act which expands the range of voyeurism is not sufficient, a new provision which prohibits a person from intentionally capturing or transmitting an image of an individual infringing his/her privacy is required. Because voyeurism is basically referred to the peeking without consent. From the aspect of the comparative analysis, various nations including Germany, France have already the criminal provision against voyeurism as a invasion of privacy. Additionally, expectation of privacy should be considered as a fundamental benefit and protection of the criminal law(Rechtgut) and a new legislation protecting privacy of an individual from voyeurism is required. I suggest that a new provision concerning voyeurism as a privacy crime prohibits the recording or disseminating images of an individual’s private location or under circumstances in which that individual has a reasonable expectation of privacy, regardless or whether the individual is in a private or public location.