성매매규제와 연령기준

• 영문명: A Study on Regulation on Prostitution and Age Standards
• 발행기관: 한국형사정책학회
• 저자명: 이성대(Lee, Sungdae) 송봉규(Song, Bong Gyu)
• 간행물 정보: 『형사정책』刑事政策 第31卷 第3號, 167~190쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.11.30

영문 초록

It can refer to policies on the age standards of victims of prostitution as a subject that is often problematic in relation to the regulation on prostitution. In particular, Article 8-2 of the Act on the Protection of Youth Sexuality, which was newly enacted through the revision of the Act on the Protection of Sex Trade, set a new standard for the age of actors and victims in the regulation of prostitution, which could lead to a need to review the age standards of victims of prostitution. Although there is room for doubt as to whether the regulation is intended for sex trade, it is judged that sex trafficking regulations cannot be affected by the fact that adultery against people under 13 years of age and under 16 is defined as a criminal act, just as adultery against people under 13 is treated as rape regardless of whether doctors agree or pay for it. In addition, in the area of sexual crimes involving sexual violence and sexual crimes, there are many cases in Korean law that impose different punishment depending on the age of the actor and the perpetrator. This article intended to review cases related to the regulation of prostitution among various age standards applied in the area of sex crimes. To this end, the change process of major laws related to prostitution was opened with a focus on age standards, and 2 and 3 were reviewed in order to review the current status of age standards under the current Act on the Regulation of Prostitution. 4 Through this, we wanted to present our own view on improving the age standards under the current Act on the Control of Prostitution, which concluded that the components reflected in Article 8-2 of the Act on the Protection of Youth Sexuality were the result of premature death in response to the perception that the sex of children and adolescents over 13 should also be strongly protected. Considering that the age of criminal underage is 14 years old in private opinion, it also proposed a plan to set the standard for the age of 14 on the agenda and to prepare and implement a protective measure gradually for those over that age.

목차

Ⅰ. 들어가며

Ⅱ. 연령기준과 성매매관련 주요법령의 변천

Ⅲ. 성매매규제 법령상 연령기준과 성적 자기결정권

Ⅳ. 성매매규제 법령상 연령정책에 대한 검토

Ⅴ. 나오며

키워드

성매매 아동․ 청소년의 성보호에 관한 법률 성적자기결정권 의제강간 궁박상태를 이용한 간음행위 prostitution act on the protection of children and youth against sex offenses sexual self-determination statutory rape adultery by using the state of urgency