아동·청소년이용음란물 관련 헌법재판소결정에 대한 비판적 고찰

Abstract

Investigating whether or not interpretation of and execution against crime groups are made to the direction corresponding to the purpose of legislation focusing on the position and attitude toward theory of the Constitutional Court and the Supreme Court against crimes related to child·juvenile pornography on the Act of Juvenile Sex Protection is considered the main purpose of this manuscript. For the aforementioned, this manuscript reviews directivity of regulatory policy by examining the process of changes in legislation from February 3, 2000 when the Act of Juvenile Sex Protection started to regulate child․juvenile pornography to this date. After that, regarding the intent of the law revised on September 15, 2011 that newly established punishment regulations on virtual child․juvenile pornography, the Constitutional Court has adhered to its position that previous law placed emphasis on the‘protection child․juvenile from actual sexual exploitation’, whereas revised law was expanded tothe‘protection from sex crimes against child․juvenile’, so this manuscript analyzes interrelationship with sex crime against child․juvenile to judge whether or not such a position is appropriate, attempting interpretation of ‘humans or expressions that can be recognized as child· juvenile’based on the foregoing. And this manuscript also offers criticism on the issue of sameness of statutory penalty according to the authenticity and virtuality of characteristics, level of sexual behavior, differences in child and juvenile etc., and will finish discussion after reviewing whether to include the issue of dissemination of virtual child․juvenile pornography as a crime subject to sexual offender registration.