아동･청소년 성보호 실질화를 위한 의제강간죄, 16세미만 간음죄 및 대상아동･청소년 규정 개정

Abstract

This essay aims to propose a legislative program to promote child protection by amending related provisions under the Criminal Code and the Act on the Protection of Children and Youth against Sex Offenses for the purpose of preventing any sexual violence and sexual exploitation against children. Considering the tragic reality of sexual abuse and exploitation against children in Korean society, amendment of the article 305 (Sexual Intercourse or Indecent Act with Minor) of the Criminal Code is needed as such to add article 305 ②A person over nineteen years of age who has sexual intercourse with a person under sixteen years of age or commits an indecent act on such person shall be punished in accordance with Article 297, 298, 301 or 301-2. There also needs the repeal of the term “children or youth involved” which means children or youth who have become the counterparts in crime under Article 13 (Buying Sex of Child or Youth) of the Act on the Protection of Children as such (1) Any person who buys sex of a child or youth shall be punished by imprisonment with labor for at least one year, but not more than ten years, or by a fine of at least 20 million won, but not exceeding 50 million won. The purpose of criminal laws on the protection of children against sexual offences is to relieve and assist victimized children and youth, and thereby protecting them against sexual abuse and assisting them to become a person who can enjoy full rights to sexual self-determination. To realize such purpose, criminal laws should clearly provide prohibition on any sexual intercourse with children under certain age, that is under sixteen years old and also provide support all child victims of sexual exploitation. Criminal laws should be a ‘catcher’ which protects children against any risk of sexual violence and exploitation.