성폭력특별법상 카메라 촬영죄의 개선방안 ― 캐나다, 영국, 미국의 관음죄에 관한 비교법적 연구를 중심으로 ―

The article 14(1) of 「the Act on Special Cases Concerning the Punishment of Sexual Crime」(hereinafter 「the Act」) provides that any person who takes photographs or videos of another person's body, which may cause any sexual stimulus or shame against the will of the person who was shot, by using a camera or other mechanism which has functions similar thereto, shall be punished. The provision, however, does not criminalize the act of observing but without recording image of intimate parts of a person, which is so called voyeurism. This paper aims to devise developmental measures to effectively and practically deter voyeurism in Korea and criminalize voyeurism under 「the Act」 through comparative legal research on the the requirements of voyeurism in the United States, the United Kingdom (England and Wales) and Canada that have codified voyeurism as sex offences since the 2000s. This paper examines sexual privacy as a foundational principle of voyeurism and argues that sexual privacy should be the principle of the article 14 in order to criminalize voyeurism and other related sexual offences, such as audio-voyeurism. Thereafter this paper suggests a few requirements of voyeurism to be effectively but not over-broadly applied to real cases in Korea.