성매매처벌법상 성매매피해자 규정에 대한 검토

• 영문명: A study on the victim of sexual traffic related articles in the act on the punishment of acts of arranging sexual traffic, etc.
• 발행기관: 한국피해자학회
• 저자명: 박찬걸(Park, Chan-Keol)
• 간행물 정보: 『피해자학연구』제20권 제1호, 317~357쪽, 전체 40쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.06.30

영문 초록

The term 'victim of sexual traffic' means persons falling under any of the following items; (1) A person compelled to engage in sexual traffic by means of a deceptive scheme or by force, or by other means equivalent thereto, (2) A person who has engaged in sexual traffic, while addicted to narcotics, psychotropic drugs or cannabis referred to in Article 2 of the Act on the Control of Narcotics, etc. by person protecting or grading him/her due to business relationships, employment relationships and other relationships, (3) A juvenile, person having no or weak ability to discern things or make decisions, or a person with serious disabilities determined by Presidential Decree who are solicited or enticed to engage in sexual traffic, (4) A person who has been trafficked aimed at sexual traffic. This study explores the victim of sexual traffic related articles in the act on the punishment of acts of arranging sexual traffic, etc., which had been newly defined in the in the Sex-trading Punishment Law different from the similar articles in the previous Prostitution Prevention Law. Then the interpretation and legislation issues of victim of sexual traffic related articles are extracted and relevant improvement suggestions will be given. For this, first, the introduction background of victim of sexual traffic articles and the meanings implicated by such articles are analyzed based on the related official statistics. Next, the four types of victim of sexual traffic concepts defined in Article 2-1-4 of Sex-trading Punishment Law are analyzed in sequence. At the same time, issues in legal system are drawn and improvement suggestions are given. As last, the special articles acknowledged to the victim of sexual traffic such as the prohibition of criminal punishment, the protection measures and the treatment as a case to protect will be examined. Then the discussion will be closed.

목차

Ⅰ. 문제의 제기

Ⅱ. 성매매피해자 규정의 함축적 의미

Ⅲ. 성매매피해자의 개념에 대한 검토

Ⅳ. 성매매피해자를 위한 특례조항에 대한 검토

Ⅴ. 글을 마치며

참고문헌

Abstract

키워드

성매매처벌법 성매매피해자 성매매죄 성매매방지법 성매매목적의 인신매매 act on the punishment of acts of arranging sexual traffic etc. victim of sexual traffic prostitution Act on the prevention of sexual traffic and protection etc. of victims thereof human traffic aiming for sexual traffic