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청소년성매매 예방 및 피해지원 관련 법령에대한 검토

Review of the Legislation on the Juvenile Protection Prevention and Damage Support

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초록

In accordance with the revision of the Protection of Children and Adolescents Against Sexual Exploitation Act in Korea on June 9, 2009, the juvenile prostitution enticement crime and the juvenile prostitution solicitation crime were newly established independently from the existing juvenile prostitution crime. The objective is to punish the acts of enticement and solicitation, which can be considered as earlier stages of the act of prostitution, through respectively separate regulations since it was pointed out that the existing form of criminal punishment for acts of juvenile prostitution, which only punishes consummated crime, is insufficient in protecting and preventing juvenile prostitution. However, it can be said that there is a need to propose a different policy alternative since such regulations of punishment of juvenile prostitution are very insufficient as the regulatory measure against juvenile prostitution that occurs in our country. In the Act on the Punishment of Intermediating in Sex Trade and Associated Acts, the Prostitution Protection Act and the Protection of Children and Adolescents Against Sexual Exploitation Act, various systems have been established and implemented related to the juvenile prostitution prevention and damage support. For example, unconditional prostitution victimization is recognized for juveniles contrary to other types to consider them as subjects of protective disposition instead of criminal punishment, along with various related procedural regulations. In addition, a monetary reward system for reporting juvenile prostitution has been newly established and implemented contrary to adult prostitution. The following part of this review will examine the current legislative regulations on the prostitution victimization and the monetary reward system for reporting juvenile prostitution focusing on their issues and improvements.

Abstract

In accordance with the revision of the Protection of Children and Adolescents Against Sexual Exploitation Act in Korea on June 9, 2009, the juvenile prostitution enticement crime and the juvenile prostitution solicitation crime were newly established independently from the existing juvenile prostitution crime. The objective is to punish the acts of enticement and solicitation, which can be considered as earlier stages of the act of prostitution, through respectively separate regulations since it was pointed out that the existing form of criminal punishment for acts of juvenile prostitution, which only punishes consummated crime, is insufficient in protecting and preventing juvenile prostitution. However, it can be said that there is a need to propose a different policy alternative since such regulations of punishment of juvenile prostitution are very insufficient as the regulatory measure against juvenile prostitution that occurs in our country. In the Act on the Punishment of Intermediating in Sex Trade and Associated Acts, the Prostitution Protection Act and the Protection of Children and Adolescents Against Sexual Exploitation Act, various systems have been established and implemented related to the juvenile prostitution prevention and damage support. For example, unconditional prostitution victimization is recognized for juveniles contrary to other types to consider them as subjects of protective disposition instead of criminal punishment, along with various related procedural regulations. In addition, a monetary reward system for reporting juvenile prostitution has been newly established and implemented contrary to adult prostitution. The following part of this review will examine the current legislative regulations on the prostitution victimization and the monetary reward system for reporting juvenile prostitution focusing on their issues and improvements.

참고문헌 (4)

  1. 박선영, "동남아시아 아동 성매매 관광의 현황과 대책" (2012), 한국형사정책연구원
  2. 박찬걸, "성구매자 재범방지교육(John School)의 함축적 의미", 홍익법학, 14(2), pp.491~523 (2013), 법학연구소
  3. 박찬걸, "성매매처벌법상 성매매피해자 규정에 대한 검토", 피해자학연구, 20(1), pp.317~357 (2012), 한국피해자학회[DOI]
  4. 박찬걸, "청소년 성매수 관련범죄의 개념에 관한 고찰", 소년보호연구, 13, pp.249~284 (2009), 한국소년정책학회

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