직권남용과 성폭력 2차가해

• 영문명: Abuse of Official Authority and Secondary Victimization of Sexual Violence: Supreme Court's Decison 2019do11698 on the Crimes of Abusing Official Authority
• 발행기관: 한국형사판례연구회
• 저자명: 김한균(Kim, Han-Kyun)
• 간행물 정보: 『형사판례연구』제30권, 155~192쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2022.06.30

영문 초록

This essay aims to review the decison of the Supreme Court on the Crimes of abusing official authority. According to the article 123 of the Criminal Act, a public official who, by abusing his or her official authority, causes a person to perform the conduct which is not to be performed by the person, or obstructs the person from exercising a right which the person is entitled to exercise, shall be punished by imprisonment for not more than five years, or fine not exceeding ten million Korean won. In the year of 2020, the Supreme Court ruled by its decision 2019do11698, that the director of Directorate of Public Prosecutors, Ministry of Justice, did not abused his offcial authority to causes the person under his command to make personnel decision against the victim of sexual assault by the very director, because the decision had not violated any principles or provisions on the personnel management of public prosecutors, and thus had not cause any person to perform the conduct which is not to be performed by the person. Such not positive decision on the criminality of the secondary victimization, or strict interpretation on the provision of he Crimes of abusing official authority does have a problem that did not consider what lies behind the improper but not-illegal personnel decision against the victim : the secondary victimization in the case of sexual violence.

목차

Ⅰ. 대상판결

Ⅱ. 사안과 판례 분석

키워드

직권남용 의무 없는 일을 하게 한 때 성폭력 2차 가해 검사인사원칙 Abuse of official authority Causing a person to perform the conduct which is not to be performed by the person Secondary victimization of sexual violence Personnel principle for public prosecutors