증오범죄의 실태와 원인에 대한 이론적 고찰

• 영문명: The Present Status of Hate Crime and Theocratical Consideration on Its Causes
• 발행기관: 원광대학교 법학연구소
• 저자명: 양문승(Yang, Mun-Seung) 이훈재(Lee, Hun-Jae)
• 간행물 정보: 『원광법학』제24권 제4호, 167~199쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.12.30

영문 초록

Crimes are continuously committed throughout the world and it has been problem for every society. Looking back the history, there have been some serious crimes that triggered outrages in the society and hate crime must be one of those. Long ago, there was holocaust by the Nazis and in the recent days, 9.11 terrorism against U.S has been great issue in the world. Other than these enormous crimes, there was Jijon-pa incident in 1994 and Yu Young Chul incident in 2004 in Korea. The series of crimes caused by prejudice, bias and conflicts was a great shock to our society. In this study, we have looked into the hate crimes to find out its concept and similar crimes. Also, its causes have been analyzed based on its background situation. The concept of hate crime was first established in the law related to hatred relationship in U.S. By applying this to our society to establish the concept, hate crime refers to crimes motivated by the hatred feelings caused by hate, aversion or prejudice, and bias. It refers to the crimes that have essential connection with causal relationships and its object for hatred feeling is based on bias against race, religion, sexual preference, nationality, age, disability, sex, origin, marital status or economic status in the society. It refers to the crimes committed in the ordinary crime forms with the secondary hatred feeling which corresponds to the above bias. On the other hand, the causes of these hate crimes are the flood tide of prejudice and economic inequality in the society and absence in the role of homes and domestic violence. Also, there are personal problems in the brain function not being able to control the rage or hostility and psychological problems. Which means, the people who commit hate crimes face various problems in personal, domestic and social life while not being able to control or resolve anger, aversion, and fear. Rather looking for the causes in themselves, they blame the society for their situation or circumstance. Meanwhile, secondary feeling, namely 'hate' takes place and they get to commit hate crimes through expressing such feeling. Furthermore, we need to take counter measures against these hate crimes in the future. Not only the criminal private law institution but also education site and the society should try to develop and implement appropriate programs for the teenagers and adults to learn to control or resolve their anger and hatred feelings. Accurate concept of hate crime should be established and laws in relation with policy for the prevention must be legislated. It is expected that adequate counter measures would be developed soon based on various studies.

목차

Ⅰ. 서 론

Ⅱ. 이론적 배경

Ⅲ. 국내ㆍ 외의 증오범죄 발생 실태

Ⅳ. 증오범죄의 원인 분석

Ⅴ. 대책 및 결론

참고문헌

Abstract

키워드

증오범죄 편견 선입견 분노 증오 hate crime prejudice bias anger hate