피해자다움을 위한 변론: 왜 우리는 성범죄 재판에서 고소인의 피해자다움을 물어야 하는가?

On all the 10 criminal charges of sexual violence including sexual intercourse by abuse of authority, sexual harassment, etc., the Seoul district court had found Ahn Heejung, a former province governor, not guilty. Later on, however, the appeal court found him guilty on 9 out of 10 criminal charges. The two courts delivered directly opposed verdicts on Ahn Heejung case. What is surprising is that the two trials dealt with exactly the same evidence and testimonies. This has had the effect of people losing faith in the competence and integrity of the Korean jurisprudence. This instability of judicial judgment, I presume, is largely due to the lack of a clear understanding of how to handle sexual criminal charges among judges themselves. With this in view, the paper discusses the notion of ‘피해자다움(being victim-like)’, which is a keyword in recent public discourses, from a philosophical viewpoint. First of all, I will analyze the notion of being victim-like in terms of action explanations, and elucidate the notion of action explanation by putting together the nomological-causal theory and mental simulation theory of action explanations. Secondly, I will defend my account of being victim-like from criticisms by some feminist activists. Finally, I will apply my analysis of being victim-like to the case of Ahn Heejung.