법여성주의에서 바라 본 성에 대한 법인식의 문제

• 영문명: Feministic Perspective on the legal awareness about Sexuality - focused on the object of the rape
• 발행기관: 한국형사정책학회
• 저자명: 박혜진(Park, Hye-Jin)
• 간행물 정보: 『형사정책』刑事政策 第22卷 第1號, 233~258쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.06.30

영문 초록

Traditionally, we have known that the rape is done by men towards women. however, it is very rare case that criminal law operate the rape as special elements to constitute for women. especially considering the universality and the anti-sexuality are hallmarks of criminal law. In generally, legal interest of the rape is sexual self-determination, not a chastity or virgin of female. That means a freedom do not have sex with someone if one don't feel like doing. But There's always a question about it, why the object of sexual self-determination limit to only 'women', though all human being have sexual self-determination based on the self-determination in article 10 of the Constitution. In general, sexual self-determination is the benefit and protection of the sexual assaults and its contents are changed to the other according to each crime composition important matter. Then, restricting the object of the rape is limited to 'women' by criminal law in korea that is considered overprotecting women compared with other crimes or show the legal interest of rape is women's chastity or virginity as ever, notsexual self-determination. but the latter is a premodern concept and must be sublated. So, I will understand the legal interest of the rape is sexual self-determination which is one of the personal rights, out of the scope of women's chastity which survive until today. and judge whether the rape will be formed on this benefit and protection of the criminal law. From it, we can expect equality between the sexes in rape as soon as and changes of legislation and the construction of law in gender aspects.

목차

1. 들어가며

II. 성적 자기결정권의 보호와 강간죄의 객체

Ⅲ. 강간죄의 객체에 대한 법여성주의적 비판과 한계

Ⅳ. 강간죄 객체의 해체와 재범주화

Ⅴ. 나오며

키워드

강간죄 객체 부녀 성적 자기결정권 법여성주의 Rape Object Women Sexual-self determination Feminist Legal theory