형법상 의제강간죄의 연령기준과 아동·청소년의 성보호

Statutory rape is based on the premise that until a person reaches a certain age, he or she is legally incapable of consenting to sexual intercourse. The criminal law of sexual violence against children should analyse sexual attitudes and sexual autonomy of children and adolescent. Criminal law and criminal justice system should fulfil its essential role in crating legal safety-net for children who live in this society full of danger to be sexually victimized. What is needed is a legal framework for the age of consent that can balance the sexual rights of youth with laws that protect them against sexual violence. The reform of statutory rape law is proposed as follows:Korean Criminal Code Article 305 (Sexual Intercourse or Indecent Act with Minor)① A person who has sexual intercourse with a person under thirteen years of age or commits an indecent act on such person shall be punished in accordance with Article 297, 298, 301 or 301-2. ② A person who is nineteen years of age, and is parenting or educating a person under sixteen years of age or commits an indecent act on such person shall be punished in accordance with Article 305①③ A person who is nineteen years of age, and is parenting or educating a person under nineteen years of age or commits an indecent act on such person exploiting his or her position shall be punished in accordance with Article 305①