한국의 성문화와 형사법

Abstract

Sexual Culture and Criminal Law in Korea Lee, Hoon-Dong It is said that when we want to figure out peculiarities of law culture in a nation, they appear in the provisions of criminal law or civil law. The criminal law may show dark sides of culture in the period of the nation. The purpose of this paper is to try to suggest the dark sides of sex culture by investigating many kinds of criminal law provision on sex. We can argue various kinds of area to explore the sex culture with respect to the criminal law. Among them, however, I have examined law-making decision, theory, and change of cases in regard to the crime of sex customs in our criminal law. This is because the crime of sex custom is the criminal provision which observes sexual expression or freedom of sexual life in the limit of ordinary sex-moral or sex-custom of the day. Unlike the past, we are now living in the age of open sex and free sex. We meet the situation where we try to establish the ethics to preserve our community in conflict and harmony between conservative tradition and modern consciousness of law. Afterwards this trend affects great change of criminal law and cases in relation to sex regulations. In the long run, we expect to demoralize the sex-criminal law.