카메라등이용촬영죄 처벌의 문제점과 개선방안

Abstract

With the increased use of cellphones, Anyone can easily take pictutes anyone, anytime and anywhere, with their own mobile phone device or a small-sized imaging device that can be easily purchased. This has given rise to diverse social problems in recent years. The crime of taking pictures using cameras is stipulated in Article 14 of the “Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” and taking pictures using mobile communication devices and posting them online is a newly emerging type of sexual violence against women. The similarity between existing sexual violence crimes and the crime of taking photos using cameras is that both crimes objectify the female body. However, the crime of taking photos using cameras makes it difficult to recover damages because of the fast dispersiveness through the Internet; it is also impossible to delete a photo permanently from the Internet. And The technical development of devices has also made it possible to film a person secretly. In addition, while the ability to take and circulate photos has been developing as technology improves, Article 14 exists in a legislative vacuum, which means that it is not able to reflect reality. To have the punishment commensurate with the illegality of the action of circulating photos, it is necessary to differentiate between the action of taking the photos without permission and the action of circulating the photos since the actions have different aspects of criminal risk and possibility to criticize. With regard to the method of circulating photos, to fill the legislative vacuum, the current law should be revised to punish all actions to make third party recognize the illegality of the photos taken rather than restrictively listing methods to circulate photos to a third party. When the photos is spread and the woman is damaged, there is a limitation to impose a duty to delete the photos and cost on an individual, it is necessary for the government to deliberate how to actively intervene and relieve a victim’s damages. It is difficult to foresee the extent to which the current information and communication technology could develop. Therefore, to deal not only with the crime of taking photos using cameras, but also with online sexual violence, the Police, the Korea Communications Commission and civil self-regulatory body for the Internet, and the Ministry of Gender Equality and Family should forge a “Center to Response Online Sexual violence” to support victims of sexual violence. A comprehensive system to take action on online sexual violence should include the education of law enforcement organizations, an education campaign and fostering awareness for the public, and support for victims of online sexual violence.