언론보도 및 정보통신망 등 대중매체를 통한 범죄피해자정보 공개행위의 방지・예방을 위한 개선방안

Abstract

According to the current law, in the case of sexual violence crimes, domestic violence and child abuse, anyone(in case of sexual violence crimes) or journalist who makes victim-information public, which enable to identify the victim, is to be punished, when such information was made public by printed matter, broadcasting or information and communication network. This crime of publication of victim’s information has been relatively seldom studied as compared to the crime of publication of facts of suspected crime. Therefore, the author examines the legal nature of the crime of publication of victim’s information compared with that of the crime of publication of facts of suspected crime and the crime of defamation. Then the author turns to the issue of how reaches the crime of publication of victim’s information, and in sequence he suggests the ideas on how the rules to be revised. An ex-ante sanction is important. But to protect victim effectively, it is more important, to prevent the act of publication of victim’s information. To make the prevention activity more effective, a manual or guideline for police or journalist, in which it is explained with individual cases, when the act of publication of victim’s information is illegal, is needed.