미성년자 등 간음죄에 있어서 ‘위력’의 의미

• 영문명: Meaning of 'the threat of force' for the crime of Sexual Intercourse against Minor, etc.
• 발행기관: 한국형사법학회
• 저자명: 류부곤(Ryu, Bu-Gon)
• 간행물 정보: 『형사법연구』형사법연구 제25권 제1호, 133~156쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.03.31

영문 초록

Although sexual intercourse by the threat of force against minor(adolescents) or the disabled is provided as a critical crime in the korean criminal law, there are few discussions in earnest about the meaning of 'the threat of force' for this kinds of crime-factor. Meanwhile, korean supreme court presents own guidelines about the meaning and standard of judgment for the threat of force and made a specific cases. But this way, textbook problem by metaphysical abstraction about the meaning of the threat of force is remained as before or critical opinion likes that, it’s a excessive-purposive construction by victim’s subjective intention and situation beyond textual meaning of the threat of force, can be raised. To the correction of this problem for construction the meaning, next three points about the original meaning of ‘the threat of force’ must be considered in the way of case-solution. First point is that, use of the status in objective situation made by the certain status. Second, critical invasion to the victim’s right of self-decision for sexual activity by the threat of force must be confirmed. Lastly, causal relationship between the act of threat and the critical invasion to the victim’s right of self-decision must be certified clearly. If there is enough-wide popular consensus about necessity for the minor’s and the disabled person’s right of self-decision for sexual activity, and if this consensus can support soundness of the attitude of supreme court, it means that, now we have to discuss about the legislative activity for the crime of sexual intercourse with ‘non-consent’.

목차

Ⅰ. 들어가며

Ⅱ. 위력의 의미에 대한 현재의 논의

Ⅲ. 위력의 의미에 대한 해석론적 접근

Ⅳ. 결어 및 입법적 제언

참고문헌

Abstract

키워드

위력의 의미 위력간음죄 관계적 지위 성적자기결정권 부동의 간음죄 meaning of the threat of force crime of sexual intercourse by the threat of force relational status right of self-decision for sexual activity crime of sexual intercourse with non-consent