현행법상 스와핑에 대한 법적 고찰 －스와핑 처벌에 관한 규제 논의를 중심으로－

Although the swapping have violated public morals, we dont' have any legal regulation about the swapping. So, I wrote whether we can control the swapping with legal regulation. Before I exhibit the regulation about the swapping, I made the practice about theoretical study. and I have made an observation about social discussion as well as punishment about swapping. Compared punishment with social recognition, I found the present foreign condition and the present foreign regulation formerly. After that, I compared punishment with social recognition and I want to find a possibility that I can do regulation about the swapping. Lastly, I went over the present a provision about the swapping and I will find that I can make laws. I have went over all of things related to the swapping. After years of consideration, I suggested that we must make laws about controling the swapping. The reason why I suggested making the laws is following reasons. First, the regulation about the code of civil procedure According to the law now in force, the civil law is ordained a monogamy saying that it is not polygamy. So, a public prosecutor can claim withdrawal of a case to a law court for keeping the marriage. In conformity to the existing law, a criminal conversation is punishable under Article 241 of the Criminal Code that it is necessary condition to having a victim's complaint. But, almost swapping is that it is conducted under the agreement in exterior view. So, it is not adjusted under the law and also there is a bit chance to adjust enforce of crime. But if the swapping is done with the mutual agreement, it is not punishable under Article 324 of the Criminal Code. To protect the benefit and protection of the law, I suggest that it must be made a provision through making the swapping of crime. Because the marriage is private field, the nation can not control that. But, to protect public order, we can discuss the swapping about a administrational system. I have gone over swapping focussing on regulation and making provision. It is basic right and important to protect civil liberties and sexual decisive power by themselves is also. It is written by the constitution that say "The civil liberties is not disturbed against someone." But, it is important to keep good public morals and the benefit and protection of the law. The swapping is not used to all of the people and social customs. To keep the benefit and protection of the law and the cause of justice, I am just suggesting making new provision now.