형법상 성적 자기결정권 개념에 대한 성찰

• 영문명: A Critical study on the concept of 'Sexual Self-Determination'
• 발행기관: 한국형사법학회
• 저자명: 박혜진(Park, Hye Jin)
• 간행물 정보: 『형사법연구』형사법연구 제21권 제3호, 229~252쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.01.30

영문 초록

The concept of 'Sexual Self-Determination' is not unfamiliar with the Criminal Law. However, The answer to the question, "what is sexual self- determination," is not easy and so this issue needs to be further discussed. This is why Sexual Self-Determination is gradually distorted, extended, or disregarded according to the speaker’s intention or other circumstances. Sexual Self-Determination has been usually discussed and advocated with Specific Crimes, etc., not with its nature, legal foundation, and development background. Now, the concept that the legal interest prohibiting sexual offences is considered, not a sense of virtue or sex liberation, but Sexual self-determination, is established, and thus there is necessity for a correct interpretation and understanding as to the element of sexual offense, and the relation between individual sexual offenses needs to be formed again. This paper focuses on the concept of sexual self-determination, the scope of such concept, and the issue of whether the understanding about sexual self-determination, which is the legal interest of sexual offense, is appropriate or valid. In addition, as one of the important matters, if its new reflection or comprehension need, this paper focuses on what should be done. For this, I studies the relation between sexual self-determination and constitutional self- determination, and reviews its character based on the dual structure of the sexual self- determination. Then, I inquiries about its main points and analyzes two sides of view, i.e., the freedom of decision-making and the protection of bodily harm. This paper looks into an offense subject to prosecution only on complaint from the victim and its contradiction. Lastly, This paper makes a comparative study concerning sexual offense and then, proposes its new concept.

목차

Ⅰ. 들어가며

Ⅱ. 성적 자기결정권의 근거와 지위

Ⅲ. (전제된 또는 열린) 성적 자기결정권 개념에 대한 이해

Ⅳ. 형법상 성적 자기결정권에 대한 비판적 분석

Ⅴ. 나가며- 재구성된 성적 자기결정권에 대한 기대 효과

Abstract

키워드

성적 자기결정권 성범죄 자기결정권 의사결정의 자유 침해의 폭력성 Sexual Self-Determination sexual offense the freedom of decision- making the protection of bodily harm