성폭력범죄에 대응한 개정 형법에 관한 연구

There were revisions to the penal code, the basic law for sexual assaults on December 18, 2012. The revisions reflected the improvement measures for the punishment provisions of sexual assaults strongly insisted by the academia and women’s groups. The major changes include the followings: first, the object of rape has been redefined as “person” instead of “woman”, second, the crime of quasi-rape has been newly added to reinforce punishment for a forced act of intercourse, and finally, the provision for a crime requiring complaint from the victim for prosecutor has been abolished for sexual assaults including rape. It is positive that the provision stipulating a crime requiring complaint from the victim for prosecutor has been abolished for rape. However, there is some concern about the excessive execution of punishment right by abolishing the provIsIOn for all sexual assaults. It is also required to come up with improvement measures for potential problems that can take place by abolishing the provision. But, in addition to a portion on these positive, there is another problem of the revised criminal code. Firstly, In the notions for the sex the historical background difference of the Province of South Korea and Western were ignored. Secondly, duplication of on the revision Criminal Code and existing criminal special law regulations is the more serious problem. Thirdly, With respect to with crimes systems, the retreat of the principles of clarity of configuration requirements is concerned. And after an offense subject to complaint was abolished follow-up action plan is insufficient. Finally, Even when viewed from a constitutional perspective, legislation was not been granted in the legal justification.