개정형법상 강간죄 및 유사강간죄 해석ㆍ입법론

• 영문명: Reforming the Law of Rape in Korea
• 발행기관: 한국형사법학회
• 저자명: 김한균(Kim, Han-Kyun)
• 간행물 정보: 『형사법연구』형사법연구 제25권 제3호, 81~103쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.09.30

영문 초록

This research studies the legal and political meaning of the 2012 amendment of the Korean Criminal Code for the crimes of rape. According to the article 297 of the Code, the victims of the rape shall be both men and women. Under the new Article 297-2, the offence of sexual assault by penetration is defined as follows: If a person with force or threat, penetrates to anus or mouth of the victim with his or her genitals, or penetrates to genitals or anus of the victim with part of his or her body, such as fingers, to be known as the offence of sexual assault by penetration. The recent reforms of the law of rape has expanded its protection by re-definition of the rape victims, considering social appeal to the better and effective protection for women and children against sexual violence. The aims of rape law reform should be the effective protection of sexual autonomy of the women and children, and thus the further reform of Criminal Code as well as special criminal laws on sex offences should be taken into account.

목차

Ⅰ. 서론 - 형법개정의 정책적 의미

Ⅱ. 강간죄 및 유사강간죄 해석론

Ⅲ. 강간죄의 입법론

Ⅳ. 결론

참고문헌

Abstract

키워드

강간죄 유사강간죄 13세미만자 유사성교죄 아동ㆍ청소년 유사성교죄 rape sexual assault sexual assault by penetration law reform of rape