성풍속범죄에 대한 비판적 고찰

• 영문명: A Review on the Sexual Morality Offences
• 발행기관: 한국형사판례연구회
• 저자명: 이경재(LEE, KYUNG JAE)
• 간행물 정보: 『형사판례연구』형사판례연구 제19권, 362~388쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.06.30

영문 초록

This article aims to analyse the statutes and cases as to sexual morality offences which involve sexual ethics in society and make a proposal of idealistic sexual criminal law. Out current criminal law deals with sexual crimes in the way that divides sexual violent crimes with sexual morality crimes: the former violates the private right of sexual self-determination, and the latter decays the public decency. Of them the sexual morality crimes involve social environment and ethics. Especially the statues and cases of sexual morality crimes reflect social ever-changing ethics after 1990s and the perspectives of the scholars and specialists. And a various of NGO as well as interest groups have deeply involved with the legislation of kinds of sexual criminal laws just like Prostitution Act, Protection of Juvenile sex Act, Sexual Violence Act etc. To regulate sexual morality crimes reasonably, I suggest, needs the following alternative: to extract ethical element from the criminal law, respect the private right of sexual self-determination, keep alert about penal populism, and in the end, it is required that sexual moral crimes must be decriminalized and sex crimes are integrated in terms of the right of sexual self-determination.

목차

Ⅰ. 연구의 취지

Ⅱ. 보호법익의 문제

Ⅲ. 性風俗犯罪에 대한 개별적 고찰

Ⅳ. 性風俗犯罪의 편제 변경이 가지는 의미

Ⅴ. 맺음말

키워드

성풍속범죄 간통 음행매개죄 음란물죄 공연음란죄 혼인빙자간음죄 sexual morality offences adultery prostitution pornography sexual indecency