아동･청소년대상 성범죄의 최근 대응방안에 대한 검토 - 2021. 9. 24. 시행 청소년성보호법 개정을 중심으로 -

Abstract

In the light of the fact that recent‘online grooming’targeting children･youth has a severely damaging ripple effect as a result of production and distribution of sexual exploitation and recovery of damage is difficult, there is a need to punish it as a criminal act, and in response to criticism that it is necessary to lay down a special regulation for investigation for enabling judicial police officers to investigate using false identities to prevent digital sex offenses targeting children･youth in advance and secure data with admissibility of evidence, the National Assembly promulgated a partially-revised bill (Law No. 17972) of 「Act on the Protection of Sexuality of Children and Youth」(hereinafter‘Act on Protection of Children and Youth against Sex Offenses’) on March 23, 2021, and revised act has been in force from September 24, 2021 which is 6 months after the date of promulgation in accordance with Article 1 of supplementary provision. The highlight of revised act can be largely into 4, and to be specific, ① statutory punishment against suggestion･lure for solicit sex from children･youth has been strengthened, ② punishment regulations against continuous or repeated conversation that causes sexual desire, shame or aversion aiming at sexual exploitation of children･youth have been established and ③ statute of limitations on the Criminal Procedure Code is not applicable to the crimes of producing･importing･exporting sexual exploitation of children･youth. In addition, ④ special regulations for investigation to allow closed and undercover investigation against digital sex offenses targeting children･youth have also been prepared. Hereinafter, this manuscript intends to examine recent countermeasures against sex offenses targeting children･youth focusing on the revised Act on Protection of Children and Youth against Sex Offenses that has been in force from September 24, 2021, and seek a more sensible improvement plan.