성(性)형법의 체계적 정비방안
Systematic Reform of Sexual Criminal Law
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In this article sexual criminal law mean penal provisions related to sexual action. A so-called ‘Special Penal Law’ besides Criminal Act(No. 7623, Jul. 29, 2005) include the penal provisions related to sexual act. Military Criminal Act(No. 7845, Jan. 2, 2006), Act on the Punishment of Prostitution Recom- mendation(No. 7404, Mar. 24, 2005, Anti-Prostitution Act), Act on the Punish- ment of Sexual Crimes and Protection of Victims Thereof(No. 8852, Feb. 29, 2008), Child Welfare Act(No. 9122, Jun. 13, 2008), Act on Promotion of using Information and Communications Network and Information Protection(No. 9119, Jun. 13, 2008), Protection for Youth’ Sex Act(No. 8852, Feb. 29, 2008) come under ‘Special Penal Law’. The purpose of this article is to offer problems and systematic reform by analyzing system of sexual criminal law. The contents of this article is as follows - Introduction - Sexual criminal law to have the right of sexual self-determination as legal interest - Sexual criminal law not to have the right of sexual self-determination as legal interest - Conclusion: Making a comparison existing law with reform
Abstract
In this article sexual criminal law mean penal provisions related to sexual action. A so-called ‘Special Penal Law’ besides Criminal Act(No. 7623, Jul. 29, 2005) include the penal provisions related to sexual act. Military Criminal Act(No. 7845, Jan. 2, 2006), Act on the Punishment of Prostitution Recom- mendation(No. 7404, Mar. 24, 2005, Anti-Prostitution Act), Act on the Punish- ment of Sexual Crimes and Protection of Victims Thereof(No. 8852, Feb. 29, 2008), Child Welfare Act(No. 9122, Jun. 13, 2008), Act on Promotion of using Information and Communications Network and Information Protection(No. 9119, Jun. 13, 2008), Protection for Youth’ Sex Act(No. 8852, Feb. 29, 2008) come under ‘Special Penal Law’. The purpose of this article is to offer problems and systematic reform by analyzing system of sexual criminal law. The contents of this article is as follows - Introduction - Sexual criminal law to have the right of sexual self-determination as legal interest - Sexual criminal law not to have the right of sexual self-determination as legal interest - Conclusion: Making a comparison existing law with reform