청소년대상 성폭력범죄 처벌규정의 현황과 개선방안

Abstract

The current laws that state the punishment policy on the sexual crimes against juveniles include the following: Criminal Act, Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, Act on the Prevention of Juveniles from Sexual Abuse, Child Welfare Act, and Act on the Aggravated Punishment, etc. of Specific Crimes. However, according to the current system, the punishment policy on the sexual crime against juveniles, basically, is not separated from that against adults. In other words, the penal code of criminal act and criminal special act apply for all of the ages of recipients and do not distinguish adult and juvenile. Special penal code for under 20 year old and 13 year old, exceptionally, are only existed. Act on the Prevention of Juveniles from Sexual Abuse provides a part of aggravated punishment penal code for the “Under 19 year old juveniles” and Child Welfare Act, and Act on the Aggravated Punishment, etc. of Specific Crimes provides related penal codes as well. Since those punishment policies on the sexual crimes including the crime against juveniles exist in many laws in various forms, a number of issues have been brought -- for example, an imbalance of statutory penalty, a difficulty of legal applications, unfair punishments, a difficulty of solving a legal conflict between penal code and criminal special act, a decrease of the effect of an incongruity on the punishment policy, a concern of excessive punishments, and etc. Thus, this paper synthetically investigates the contents of the sexual crimes that have lied in many laws in various forms, especially the policy of the sexual crime against juveniles under 20 years old, and provides the solutions of them.