업무상 위력에 의한 성폭력범죄와 성인지 감수성

• 영문명: Sexual Violence Crime within Authority Relations and Gender Sensitivity
• 발행기관: 한국형사판례연구회
• 저자명: 윤지영(YUN, JEE YOUNG)
• 간행물 정보: 『형사판례연구』형사판례연구 제28권, 183~218쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.06.30

영문 초록

On October 5, 2017, the alleged sexual assault of Harvey Weinstein, a famous Hollywood film producer, was revealed. The MeToo campaign, which began with this, quickly spread through SNS. In December 2017, the U.S. weekly magazine TIME selected “The Silence Breaker,” which accused sexual violence through #MeToo, as “Person of the Year.” This proved that the voices of the victims, who summoned the courage to improve the gender discriminating organizational culture, have attracted worldwide attention. In the Republic of Korea, an incumbent prosecutor revealed publicly in January 2018 that she had been sexually harassed in a televised interview, triggering the MeToo movement. Since then, there have been revelations by victims of sexual violence in various sectors of society, including culture and art world. In the process, an actor identified as the perpetrator committed suicide, and many of the victims who participated in the MeToo movement suffered again due to counter-accusation and doxing. In particular, in March 2018, the secretary of the leading politician who was attracting attention as the next presidential candidate appeared on live news and announced her sexual violence damage, and the situation reached its peak. Even the authoritarian remarks made by the accused to the victim were known through the pouring articles. And, over time, the incident has moved away from people’s attention. In September 2019, the politician ended up a criminal with the ruling of the Supreme Court. Now that the vortex of MeToo has passed once, this paper will examine the case, in which first trial that was acquitted on the same issue, and the appeal and Supreme Court that had been convicted are clearly in contrast.

목차

[대상판결] 대법원 2019. 9. 9. 선고 2019도2562 판결

[주문]

[연구]

Ⅰ. 서론

Ⅱ. 업무상 위력 등에 의한 간음·추행죄 성부

Ⅲ. 자유심증주의와 성인지 감수성

Ⅳ. 결론

키워드

미투 운동 성폭력범죄 성인지 감수성 업무상 위력 간음죄 자유심증주의 MeToo Movement Sexual Violence Gender Sensitivity Sex Crime within Authority Relations Principle of Free Evaluation of Evidence