아동･청소년을 피해대상으로 하는 디지털 성범죄의 규율을 위한 입법 논의 - 개정 「아동･청소년의 성보호에 관한 법률」을 검토하며 -

Abstract

In light of a rapid increase in digital sex offenses using deepfake technology, both domestically and internationally, the Korean government has been actively pursuing measures to address this issue. The National Assembly has also accelerated legislative discussions to establish stricter regulations against digital sex offenses targeting children and youth. As part of these efforts, the 「Act on the Protection of Children and Youth Against Sex Offenses」, the 「Act on Special Cases Concerning the Punishment of Sexual Crimes」, and the 「Sexual Violence Prevention and Victim Protection Act」 were revised on October 16, 2024. These legislative amendments represent a strong commitment to regulating digital sex offenses more effectively, particularly those targeting vulnerable populations such as children and youth. Above all, the revised 「Act on the protection of children and youth against sex offenses」 introduces new elements into provisions aimed at addressing offenses involving sexual exploitation materials targeting children and youth. It also specifies procedures for protecting victims and establishes a legal basis for conducting emergency concealed identity investigations. These changes reflect a more systematic approach to combating digital sex offenses targeting children and youth. This article provides a detailed analysis of the new elements of offenses using sexual exploitation materials targeting children and youth, the requirements and procedures for emergency concealed identity investigations, and the provisions for preventing the expansion of damage and protecting victims of digital sexual offenses targeting children and youth which are newly established in the revised 「Act on the protection of children and youth against sex offenses」. In addition, the article discusses areas for further legislative reform to ensure the effective implementation of these provisions in accordance with legislative purpose of the act.