한국 형사법의 발전과 여성

• 영문명: Development of the Korean Criminal Law and Women
• 발행기관: 한국형사법학회
• 저자명: 정현미(Chong Hyon-Mi)
• 간행물 정보: 『형사법연구』형사법연구 제19권 제3호 (上), 223~246쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.01.20

영문 초록

  This study aims at exploring the changes of the laws regarding women over the past 50 years. The contents of this paper are composed of five parts: namely women in criminal law, female crime, the effects of the Women"s Movement on the Laws relating to women, related Korean Jurisprudence, and protection of female victim and female offender in the criminal procedures and prison.
  (1) Both female offenders and victims in criminal procedures are often more discriminated than men. Women should be protected more in the system of criminal justice. (2) Female crime has been rising in recent years. On the national crime statistics, property crime and violence assaulters is the most female crime and particulary woman are catching up with males in the commission of property crime. The rate of female crime is positively correlated with the increased rate of women in the workforce. However, female biological characteristics are the cause of female crime by most reports. (3) The Women"s Movement has changed sex roles and has impacted Laws relating to women in Korea. The Legislatures of criminal law have been largely influenced by the contemporary Women"s Rights Movement, such as the Sexual Violence Act, Domestic Violence Act, and the Act against Prostitution. (4) Korean jurisprudence should not be disadvantageous towards women in crimes related to rape and sexual assault. The law has not yet determined marital rape as punishable conduct. However, marital rape must be punished and rape against transsexuals should be assessed as rape. In cases of family violence victims who become offenders because of self defence, the court has been making judgements with very limited applications of justification and without considering possibile causes. (5) More services and resources to satisfy specific needs for wife rape victims and remedy programs should be provided. For women prisoners correctional programs and programs which facilitate family ties should be supported and regularly updated.

목차

Ⅰ. 머리말
Ⅱ. 형사법에서 여성의 의미
Ⅲ. 형사관련법 제정 및 개정과 여권운동
Ⅳ. 형사판례에 나타난 성편향적 관점
Ⅴ. 형사절차 및 행형단계에서 여성의 인권보호
Ⅵ. 맺음말
〈Abstract〉

키워드

형사법과 여성 여성범죄 여권운동