아동ㆍ청소년의 성보호에 관한 법률 제10조 제2항의 ‘권유’의 해석과 죄형법정주의 원칙

• 영문명: The Interpretation of 'Suggestion' in the Act of Juvenile Sex Protection §10② and The Principle of “a poena sine lege”
• 발행기관: 한국형사법학회
• 저자명: 박혜진(Park, Hye-Jin)
• 간행물 정보: 『형사법연구』형사법연구 제24권 제3호, 365~389쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.09.30

영문 초록

This thesis focused on the Interpretation of 'Suggestion' in the Act of Juvenile Sex Protection §10②. In recent years there has been increasing concern over the use of the internet and other communication technologies to groom children for abuse. Recently, the Supreme Court presented the interpretation of 'the crime of suggestion(or solicitation) for prostitution', which has great implications. The Supreme Court decided that even though Juvenile is plainning to prostitution and looking for new client, sex buyer on Internet site, and someone recommended her to prostitute with himself, in that case, that act include in the crime of 'suggestion' for prostitution on the Act of Juvenile Sex Protection §10②. However, It should be strict in the legal interpretation of criminal rules, and any analogical or extensive interpretation should not be allowed. Otherwise, the court’s decision is likely to opposed to the principle of “a poena sine lege”. At this time, the Criteria is the meaning acquired by linguistic convention, i. e. the plain meaning or possible meaning of a rule. So, in this paper, I deal with several issues as follows. First of all, I obtain a general view of the basic contents of 'the crime of suggestion for prostitution' focused on the effects of the legislation and the legal character. Next, how the usual meaning of 'Suggestion' would affect our Interpretation and application of 'the crime of suggestion for prostitution'. because the usual meaning of 'suggestion' may help to distinguish interpretation from Analogy as a formality. I shall at this stage keep the discussion clearly and precisely enough. And then, I try to the legal interpretation as far as the law permits, focusing on the text, the tenets of the law, and the relationship between this crime and the crime of prostitution, etc. Finally, the justification for this ruling would be evaluated after examination based on what I study.

목차

Ⅰ. 사안의 개요

Ⅱ. 들어가며

Ⅲ. 성매수 목적 권유죄에 대한 기본적 이해

Ⅳ. 성매수 목적 권유죄에서 ‘권유’의 해석과 성립범위

Ⅴ. 대상 판결에 대한 분석과 평가

Ⅵ. 나가며

Abstract

키워드

아동ㆍ청소년의 성보호에 관한 법률 성매수 목적 권유죄 권유 죄형법정주의 원칙 유추해석 The Principle of “a poena sine lege” analogical interpretation Suggestion the Act of Juvenile Sex Protection the crime of suggestion for prostitution