증오범죄의 실태와 원인에 대한 이론적 고찰
The Present Status of Hate Crime and Theocratical Consideration on Its Causes
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Crimes are continuously committed throughout the world and it has been problem for every society. Looking back the history, there have been some serious crimes that triggered outrages in the society and hate crime must be one of those. Long ago, there was holocaust by the Nazis and in the recent days, 9.11 terrorism against U.S has been great issue in the world. Other than these enormous crimes, there was Jijon-pa incident in 1994 and Yu Young Chul incident in 2004 in Korea. The series of crimes caused by prejudice, bias and conflicts was a great shock to our society. In this study, we have looked into the hate crimes to find out its concept and similar crimes. Also, its causes have been analyzed based on its background situation. The concept of hate crime was first established in the law related to hatred relationship in U.S. By applying this to our society to establish the concept, hate crime refers to crimes motivated by the hatred feelings caused by hate, aversion or prejudice, and bias. It refers to the crimes that have essential connection with causal relationships and its object for hatred feeling is based on bias against race, religion, sexual preference, nationality, age, disability, sex, origin, marital status or economic status in the society. It refers to the crimes committed in the ordinary crime forms with the secondary hatred feeling which corresponds to the above bias. On the other hand, the causes of these hate crimes are the flood tide of prejudice and economic inequality in the society and absence in the role of homes and domestic violence. Also, there are personal problems in the brain function not being able to control the rage or hostility and psychological problems. Which means, the people who commit hate crimes face various problems in personal, domestic and social life while not being able to control or resolve anger, aversion, and fear. Rather looking for the causes in themselves, they blame the society for their situation or circumstance. Meanwhile, secondary feeling, namely 'hate' takes place and they get to commit hate crimes through expressing such feeling. Furthermore, we need to take counter measures against these hate crimes in the future. Not only the criminal private law institution but also education site and the society should try to develop and implement appropriate programs for the teenagers and adults to learn to control or resolve their anger and hatred feelings. Accurate concept of hate crime should be established and laws in relation with policy for the prevention must be legislated. It is expected that adequate counter measures would be developed soon based on various studies.
Abstract
Crimes are continuously committed throughout the world and it has been problem for every society. Looking back the history, there have been some serious crimes that triggered outrages in the society and hate crime must be one of those. Long ago, there was holocaust by the Nazis and in the recent days, 9.11 terrorism against U.S has been great issue in the world. Other than these enormous crimes, there was Jijon-pa incident in 1994 and Yu Young Chul incident in 2004 in Korea. The series of crimes caused by prejudice, bias and conflicts was a great shock to our society. In this study, we have looked into the hate crimes to find out its concept and similar crimes. Also, its causes have been analyzed based on its background situation. The concept of hate crime was first established in the law related to hatred relationship in U.S. By applying this to our society to establish the concept, hate crime refers to crimes motivated by the hatred feelings caused by hate, aversion or prejudice, and bias. It refers to the crimes that have essential connection with causal relationships and its object for hatred feeling is based on bias against race, religion, sexual preference, nationality, age, disability, sex, origin, marital status or economic status in the society. It refers to the crimes committed in the ordinary crime forms with the secondary hatred feeling which corresponds to the above bias. On the other hand, the causes of these hate crimes are the flood tide of prejudice and economic inequality in the society and absence in the role of homes and domestic violence. Also, there are personal problems in the brain function not being able to control the rage or hostility and psychological problems. Which means, the people who commit hate crimes face various problems in personal, domestic and social life while not being able to control or resolve anger, aversion, and fear. Rather looking for the causes in themselves, they blame the society for their situation or circumstance. Meanwhile, secondary feeling, namely 'hate' takes place and they get to commit hate crimes through expressing such feeling. Furthermore, we need to take counter measures against these hate crimes in the future. Not only the criminal private law institution but also education site and the society should try to develop and implement appropriate programs for the teenagers and adults to learn to control or resolve their anger and hatred feelings. Accurate concept of hate crime should be established and laws in relation with policy for the prevention must be legislated. It is expected that adequate counter measures would be developed soon based on various studies.
참고문헌 (39)
- 강덕지, "무동기범죄에 대한 심리학적 접근", 수사연구 (2006)
- 경찰청, "세계의 혐오범죄 단체 현황 -상징 문양을 중심으로-" (2008)
- 김영진, "한국의 아들과 아버지" (2001), 황금가지
- 김재엽, "가정폭력노출경험과 청소년의 부모폭력에 대한 연구 : 공격성의 매개효과를 중심으로", 한국아동복지학, (23), pp.99~125 (2007), 한국아동복지학회
- 김지연, "나는 왜 너를 미워하는가?-증오와 과학 사이-" (2005), 사이언스북스
- 류복렬, "인간속의 악마" (1997), 푸른숲
- 박상열, "증오범죄와 적정한 보호체계", 광운비교법학, 2 (2001), 광운대학교 비교법연구소
- 박순진, "‘불특정 다수를 향한 범죄’의 사회적 원인에 대한 연구", 한국공안행정학회보, 17(17), pp.205~236 (2004), 한국공안행정학회
- 박희영, "인터넷상에서 증오범죄의 극복방안:예방을 위한 기술적,? 법적,전략적 토대-독일 연방대법원 판결(2000년 12월 12일자)의 법정책적 평가와 함께-", 부산대학교 법학연구, 45(1) (2004)
- 서창원, "편견의 심리" (2001), 신세계커뮤니케이션즈
- 성한기, "대구지하철 방화피의자의 방화행위에 대한 사례연구", 한국심리학회지: 건강, 9(1), pp.163~186 (2004), 한국건강심리학회
- 신광영, "한국의 계급과 불평등" (2004), 을유문화사
- 오윤성, "지존파 사건에 대한 범죄사회학적 고찰", 한국경찰학회보, 6(1), pp.151~180 (2004), 한국경찰학회
- 윤순임, "남녀관계의 사랑과 공격성-정신분석적 이해-" (2005), 학지사
- 이수정, "성폭행 범죄,연쇄범죄가 되는 이유", 수사연구 (2006)
- 조소영, "Cyberspace에서의 Hate speech의 규제에 관한 연구-미국의 판례와 학설을 중심으로-", 연세법학연구, 8(2) (2002), 연세법학회
- 조한익, "감성조절 프로그램의 효과", 박사, pp.1998
- 천정환, "신범죄심리학" (2006), 대왕사
- 최응렬, "미국에서의 인종차별에 의한 증오범죄에 관한 연구", 피해자학연구, 13(2), pp.361~394 (2005), 한국피해자학회
- 최협, "한국의 소수자, 실태와 전망" (2004), 한울 아카데미
- 표창원, "한국의 연쇄살인" (2005), 랜덤하우스코리아
- 한종욱, "신종범죄의 해부(2) : Hate Crime", 수사연구 (1999)
- 한종욱, "신종범죄: 증오범죄 ②", 수사연구 (1999)
- 허경미, "미국의 증오범죄 피해자 특징에 관한 연구", 경찰학논총, 2(1), pp.75~104 (2007), 경찰학연구소
- Armstrong, A. J., "Hate Crime and Disability in America", Rehabilitation Counseling Bulletin, 47(2) (2004)
- Boeckmann, R. J., "Understanding the Hare of Hate젨 Crime", Journal of Social Issues, 58(2) (2002)
- Espejo, R., "What is a Hate Crime?" (2002), Greenhaven
- Griffin, S. P., "Angry aggression among the truly젨젨젨젨젨 disadvantaged", Police Quarterly, 6(1) (2003)
- Herek, M. G., "Hate Crimes Victimization among Lesbian, Gay, and???? Bisexual Adults: Prevalence, Psychological, Correlates, and Methodological Issues", Journal of Interpersonal Violence, 12(2) (1997)
- Hutson, H. R., "Hate Crime Violence and Its Emergency Department Management", Annals of Emergency Medicine, 29(6) (1997)
- Jacobs, James, B., "Hate Crimes" (1998), Oxford University Press
- Johnson, S. D., "Attitudes toward Hate Crime Law", Journal ofCriminal Justice, 31 (2003)
- Levin, J., "Hate Crimes: The Rising Tide of Bigotry and젨젨젨젨 Bloodshed" (1993), Westview Press
- Levin, J., "Hate Crimes Revisited" (2002), Westview Press
- McDevitt, J., "Hate Crime Offenders:An Expanded Typology", Journal of Social Issues, 58(2) (2002)
- Perry, B., "In the name of hate: understanding hate crimes" (2001), Routledge
- Riedel, M., "Stranger Violence: a Theoretical Inquiry" (1993), Garland
- Surette, L., "New Laws to Curb Hate on Internet?: Symposium Urges Federal Action" (1999), Gazette
- Tsesis, A., "Contextualizing Bias Crimes:A Social and Theoretical Perspective", Law & Social Inquiry, 28(1) (2003)