성매매에 대한 시각과 법적 대책

• 영문명: Prostitution Revisited
• 발행기관: 한국형사정책학회
• 저자명: 조국(ChoKuk)
• 간행물 정보: 『형사정책』형사정책 제15권 제2호, 255~288쪽, 전체 34쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2003.12.01

영문 초록

Prostitution is a reality that has existed throughout history；and throughout history, although without success, those in charge have striven to ban this reality. Although prostitution is officially criminalized in Korea, it has been alternately tolerated, permitted, regulated, or licensed in a reality. This Article stems from an interest in the recent debates over the legalization of prostitution and the draft of Prostitution Prevention Act. It starts with reviewing the ideological and feminist approaches that have developed to analyze the issues of prostitution, including the conservative moral approach, the liberal feminist approach, the socialist feminist approach, and the radical feminist approach. It proceeds to examine the three legal models used to control prostitution：1) criminalization, which makes all laws and activities associated with prostitution a crime；2) legalization or regulation, which enacts laws and regulations dealing specifically with prostitution；and 3) decriminalization, which will eliminate all laws and regulations associated with prostitution, thereby aligning its status with any other legal occupation or activity. Then this Article argues that prostitution is not a homogenous phenomenon；the logic of male dominance may take different forms in distinct social strata；no one approach provides the “true” meaning or law reform solution to prostitution；and prostitution must be evaluated within the context of women’s actual conditions of existence respectively. From this standpoint, it critically reviews the current Prostitution Prevention Act and its 2002 amendment, focusing on their criminalization of all kinds of prostitution, and the overly heavy penalty.

목차

1. 들어가는 말

2. 성매매의 본질과 대책에 대한 시각 차이

3. 성매매 관련행위에 대한 개별적 평가와 대책－현행법률 및 법안 검토를 중심으로

4. 맺음말

ABSTRACT