현행 성범죄의 처벌규정 체계의 재구조화 방안

초록

The current punishment regulations system for sexual crimes has a problem of failing to punish sexual intercourse without consent, and a problem of not regulating non-physical sexual crimes in the criminal law. In addition, there are problems of amending or newly establishing punishment regulations piecemeal without systematic review of the overall legal system, and confusion in the application of the law in handling specific cases. Recently, the issue of sexual crimes on the metaverse is also emerging. Therefore, through critical reflection and research on the fundamental problems of the current punishment system for sexual crimes, it is necessary to seek again the ‘punishment regulation system for sexual crimes in the direction of faithfully protecting the right to sexual self-determination'. The right to sexual self-determination is actively understood as 'the right to engage in sexual acts based on one's own sexual notions', and in exercising this right to sexual self-determination, 'one must regard oneself and others as equals and respect them sexually, and should not be sexualized, and based on this, the concept of sexual crimes should be newly established and the punishment system for sexual crimes should be restructured to solve the problem. Such restructuring measures include the introduction of the crime of adultery without consent, the revision of the title of the ｢Criminal Act｣, the elimination of ‘sexual shame’ in digital sexual crimes, the integration of punishment regulations, and the search for new criminal punishment regulations that reflect the characteristics of the metaverse.

키워드