개정형법상 강간죄 및 유사강간죄 해석·입법론
Reforming the Law of Rape in Korea
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This research studies the legal and political meaning of the 2012 amendment of the Korean Criminal Code for the crimes of rape. According to the article 297 of the Code, the victims of the rape shall be both men and women. Under the new Article 297-2, the offence of sexual assault by penetration is defined as follows: If a person with force or threat, penetrates to anus or mouth of the victim with his or her genitals, or penetrates to genitals or anus of the victim with part of his or her body, such as fingers, to be known as the offence of sexual assault by penetration. The recent reforms of the law of rape has expanded its protection by re-definition of the rape victims, considering social appeal to the better and effective protection for women and children against sexual violence. The aims of rape law reform should be the effective protection of sexual autonomy of the women and children, and thus the further reform of Criminal Code as well as special criminal laws on sex offences should be taken into account.
Abstract
This research studies the legal and political meaning of the 2012 amendment of the Korean Criminal Code for the crimes of rape. According to the article 297 of the Code, the victims of the rape shall be both men and women. Under the new Article 297-2, the offence of sexual assault by penetration is defined as follows: If a person with force or threat, penetrates to anus or mouth of the victim with his or her genitals, or penetrates to genitals or anus of the victim with part of his or her body, such as fingers, to be known as the offence of sexual assault by penetration. The recent reforms of the law of rape has expanded its protection by re-definition of the rape victims, considering social appeal to the better and effective protection for women and children against sexual violence. The aims of rape law reform should be the effective protection of sexual autonomy of the women and children, and thus the further reform of Criminal Code as well as special criminal laws on sex offences should be taken into account.
참고문헌 (31)
- 김성돈, "형법각론" (2009)
- 김일수, "형법각론" (2007)
- 김희균, "성폭력범 처벌의 이론: 강간죄의 구성요건 해당성", 형사정책연구, 16(4), pp.103~132 (2005), 한국형사정책연구원
- 박강우, "서구의 여성주의 법운동 및 강간죄 개혁의 성과와 성적 자기결정권의 함의", 형사법연구, (26), pp.829~855 (2006), 한국형사법학회
- 박상기, "형법각론" (2011)
- 배종대, "형법각론" (2013)
- 법무부, "일본형법" (2007)
- 신동운, "판례분석 형법각론" (2013)
- 유기천, "형법학-각론강의" (1982)
- 이재상, "형법각론" (2013)
- 이주원, "특별형법" (2013), 弘文社
- 이호중, "성폭력 처벌규정에 대한 비판적 성찰 및 재구성", 형사정책, 17(2), pp.81~114 (2005), 한국형사정책학회
- 임웅, "형법각론" (2012)
- 정영일, "형법각론" (2011)
- 조국, "여성주의 관점에서 본 성폭력범죄", 서울대 법학, 43(2) (2002)
- 조규창, "로마형법" (1998)
- 조준현, "독일 형법에 있어서 성범죄규제의 변화와 의미, 韓國刑事法學의 理論과 實踐" (2010)
- 황산덕, "형법각론" (1985)
- 형사법개정연구(IV)-형법각칙개정안, "형법개정연구회", 한국형사정책연구원, ~ (2009)
- Berger, R., "The Social and Political Context of Rape Law Reform: An Aggregate Analysis", Social Science Quarterly, 72(2) (1991)
- Card, Richard, "Criminal Law" (2012)
- Corrigan, Rose, "Up Against Wall: Rape Reform and the Failure of Sucess" (2013)
- Cowan, Sharon, "All changes or business as usual" (2010), Rethinking Rape Law
- Donat, P., "A Feminist Redefinition of Rape and Sexual Assault: Historical Foundations and Change", Journal of Social Issues, 48(1) (1992)
- Goldberg-Ambrose, "Unfinished Business in Rape Law Reform", Journal of Social Issues, 48(1) (1992)
- Hermida, Julian, "Criminal Law in Canada", ~ (2012)
- Home Office, "Setting the Boundaries - Reforming the law on sex offences", ~ (2000)
- Loveless, Janet, "Criminal Law" (2012)
- McGlynn, Clare, "Feminist activism and rape law reform in England and Wales" (2010), Rethinking Rape Law
- Stevenson, Kim, "Sexual Offences Act 2003" (2004)
- Williams, Glanville, "Criminal Law" (1983)