청소년 성매수 관련범죄의 개념에 관한 고찰

Abstract

This thesis focused on the concept of 'prostitution of juvenile', 'prostitution of offering' and 'prostitution of alluring' on Act on Protection of Juveniles from Sexual Crimes(June. 9. 2009, Article 9765 of the law). The Act on Protection of Juveniles from Sexual Crimes is considered as individual criminal provision of the Act on Protection of Juveniles which is a special criminal provision. That is, the Act on Protection of Juveniles from Sexual Crimes intend to provide the juvenile against trade of sex and consider their sound sexual growth as the benefit and protection of the law. Act on the Punishment of Procuring Prostitution and Associated Acts prescribe 'In case where specific provisions are stipulated in the Act on Protection of Juveniles from Sexual Crimes with regard to provisions set out in this Act, the Act on Protection of Juveniles against Sexual Crimes shall supersede this Act'(Article 5). Therefore Act on Protection of Juveniles from Sexual Crimes is special law. The term 'prostitution of juvenile' means of a person falling on the part of the following subparagraphs in exchange for money, valuables, offer the convenience or duty, or property benefits, or promising it; Sexual intercourse, Quasi-sexual intercourse by means of part of the body including the oral cavity and/or the anus, or with sexual apparatus, self-defense etc. Also there are 'prostitution of offering' and 'prostitution of alluring'.