불법촬영물의 위험성과 대응방안에 관한 연구

Unlike existing sexual violence crimes, the crimes in the form of distributing sex-related videos on online has the characteristic that spread rapidly to a wide range of areas. In particular, since it is difficult to delete the distributed video, recovering damage also difficult by the continuous damage occurrence. As a type of dating violence, the act of distributing a video containing sexual relations or sensitive private life with a lover that was filmed in the past as a means of revenge for the breakup notification, that is, revenge porn. Therefore, it has emerged as a serious social problem, discussions regarding counterplans are continuing. Recently, a so-called ‘Nth room’ incident occurred, and the whole people were angry. And with this incident as a trigger, the penalties for illegal filming and distribution of sexually exploited video, possession and viewing of illegal filmed material, were set forth in the “ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF SEXUAL CRIMES”.And efforts are being made to strengthen penalties for digital sex crimes and protect victims. However, the act of distributing illegal filming online as a means of dating violence is occurs in a close relationship compared to the general type of crime. Thus, it is very likely that the damage will spread as a secondary crime. In order to fundamentally solve this problem, it can be said that it is inevitable to prepare an independent punishment law. To this end, analyzing the “ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF SEXUAL CRIMES” Article 14 and foreign legislations, and trying to present the basis for reasonable sanctions regulations. In addition, to prepare the prevent plan for criminal acts related to sexual relations with lovers or illegal filming containing sensitive privacy and an institutional arrangement for the protection of victims can be prepared together, the basic direction of legislation was described.