불법촬영범죄 예방 및 재범방지를 위한 제언

Abstract

As digital sex crimes emerged as a social problem, the government announced comprehensive measures to prevent damage from digital sex crimes in 2017, but as if to ridicule this, the n-room incident broke out and made Korea seething with anger. Afterwards, the government announced follow-up measures twice, but they mainly limited themselves to increasing sentences. Illegal filming crimes are still not decreasing. In this context, crime prevention and recidivism prevention will be viewed as having as important a policy value as protecting victims and punishing perpetrators. If a crime is prevented, victims cannot occur, and preventing recidivism is also socially beneficial as it prevents victims from occurring and results in offenders being reborn. For this purpose, both punishment and class attendance orders are possible, and personal information registration, disclosure and notification systems, and employment restriction orders are in operation. However, the effect is not yet clear. The government is also considering these issues and announcing related measures. The main contents of the measures announced by the government are to suppress the occurrence of damage itself, prevent its spread even if damage has occurred, and improve public awareness of illegal filming crimes. Although the current law cannot be evaluated as having all the mechanisms to prevent illegal filming crimes and prevent recidivism, it cannot be said that it is being operated incorrectly as security measures are concurrently imposed. The government has announced related measures three times, but there are strong doubts as to whether those measures are effective. This is because there was no choice but to show off or reveal limitations, and what was legislated was limited to raising the statutory penalty. The most urgent thing is the development of related technologies such as filtering illegally filmed videos, but support for this is absent. Since it is so natural to prepare such measures, a more fundamental approach is needed. First, a preventive education system for digital sex crimes, including illegal filming crimes, must be established. This is based on the fact that it thoroughly guarantees the people’s sexual freedom, personal rights, and privacy, and at the same time, it can be directly related to the people's life and health. In addition, since the crime of illegal filming is conceptually premised on voyeurism or voyeurism, a plan should be sought to establish a public treatment institution for this. In addition, it is necessary to establish a legal basis for sentencing digital sex offenders to provide psychological counseling necessary to prevent recidivism, and to introduce a thorough follow-up management system for perpetrators of illegal filming crimes. Strong punishment is not the only way to solve illegal filming crimes. It should not be overlooked that the best prevention method is education.