단순성매매 규제의 법정책에 대한 새로운 접근

Prostitution regulation is one of the most important issue in this age. The legal policy of sexuality is beyond dispute as usual, is argued for and against. One part of consent argues that the problem of sex is that of personal self-determination and adapting oneself to opened sexual culture environment is not taken in all part. Another part of opponent argue that it is no doubt about that abnormal sexual-conduct invades social benefit of law, and that opened sexual culture environment should not be leaved alone any more, so that it is necessary that all the more powerful public power is intervened in. However, it is necessary to have cognizance before anything else for resolution of sexuality or prostitution problem, what fundamental cause of problem raising is. When I think of it, collapse of modernistic marriage system is fundamental cause of this problem. Modernistic marriage system is characterized fixation of sex-distinction role, higher position of man, enforcement of heterosexual love, and so on. Therefore various form of sexual love is excluded, subordination of woman and higher position of man are cognized sex-distinction characteristic and so they are neglected and tolerated. In result we see ‘sex' in wife's position and so ‘sex' is recognized entirely holy thing, ‘sex of wife' and ‘sex of prostitute' is distinguished (that called ‘double standard of sex'). To solve prostitution problem, we cast away ‘sex of prostitute' before anything else. This is conclusion of this paper. This concluded by analysis of legal policy, legislation technic, moral justness.