성범죄 피해자의 관점에서 친고죄와 반의사불벌죄의 형사정책적 의미에 관한 연구

• 영문명: Study on the Antragsdelikt and No punishment against Will in criminology from the point of view of the sexual crime victims
• 발행기관: 한국피해자학회
• 저자명: 오경식(Oh, Kyung-Sik)
• 간행물 정보: 『피해자학연구』제21권 제1호, 191~216쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.06.30

영문 초록

To the increase in violent sexual crimes, abolishing Antragsdelikt and no punishment against will in the sexual crimes has been a suggested solution. The senate has passed the 5 related laws in November 11, 2012. Antragsdelikt is the inability to punish without the consent of the victim, which resulted in making a heavy crime such as sexual crime into a personal problem that could lead to a secondary damages such as threatening the victim for consent. This paper will look into and organize the backgrounds behind establishing the Antragsdelikt and no punishment against will, their pros and cons, the evaluation of their abolishment, and their nature. The concept of Antragsdelikt in sexual crime was explained to analyze the previous law and explore ways for improvements. Foreign laws have also been analyzed and compared with the domestic laws to lead to an appropriate revision. This research seeks to analyze the relationship between the state and the victim in the theoretical, rational backgrounds of the policies and its effect. Even with these measures, sexual crime is continually increasing, proving that law is not enough to prevent them. The fundamental causes of the ineffectiveness in the laws will be analyzed to find the gaps in the system.

목차

Ⅰ. 서론

Ⅱ. 성범죄관련 법률에서의 친고죄와 반의사불벌죄

Ⅲ. 외국의 성폭력범죄에 대한 친고죄 여부에 대한 입법례

Ⅳ. 친고죄와 반의사불벌죄에 대한 형사정책적 분석

Ⅴ. 결론

참고문헌

Abstract

키워드

친고죄 반의사불벌죄 성범죄 피해자보호 국가형벌권 Antragsdelikt no punishment against will secondary damages violent sexual crimes