性倫理와 刑法 - 性風俗犯罪에 대한 刑法的 規制 -
Sexual Ethics and Criminal Law
이경재(충북대학교)
12권 2호, 295~318쪽
초록
This article aims to analyse the statutes and cases as to sexual moral crimes 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 moral crimes: the former violates the private right of sexual self-determination, and the latter decays the public decency. Of them the sexual moral crimes involve social environment and ethics. Especially the statues and cases of sexual moral 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 moral 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.
Abstract
This article aims to analyse the statutes and cases as to sexual moral crimes 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 moral crimes: the former violates the private right of sexual self-determination, and the latter decays the public decency. Of them the sexual moral crimes involve social environment and ethics. Especially the statues and cases of sexual moral 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 moral 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.
- 발행기관:
- 한국비교형사법학회
- 분류:
- 법학