알페스에 관한 형사법적 연구

Many media nowadays is introducing controversies about Real Person Slash (RPS). RPS is a secondary work that involves existing people and it is mostly used for men to materialize homosexuality as the topic. This was understood as a recreation culture of fans or an interaction method for a long time. Additionally, this was both explicitly·implicitly applied as means of promotion for celebrities. At any rate, RPS culture takes up a significant proportion in the online system. However, RPS can arouse different problems by the criminal law due to the essential nature where real people appear in it. In fact, a considerable number of cases are identified that RPS caused emotional distress. First of all, there could be cases where the contents of RPS damages or insults the honor of the characters (in other words, existing people). In addition, gay is the main topic of RPS and at times, involves high sexual description so it carries the risk of constituent features of various sex offenses. In this respect, there could be problems applying the Criminal Act or the Act on Special Cases Concerning The Punishment Etc. of Sexual Crimes. However, it cannot be said that existing laws are completely regulating RPS. Especially, the RPS expressed by letters is in the blind spot of regulation. At least, it is necessary to include the forms of RPS that involves children or juvenile in the category of sex offense and impose limitations. It is because RPS in this category should no longer exercise the freedom of expression and it is not a culture approved by the society. From this point of view, this paper presented an amendment of Act on the Protection of Children and Juveniles against Sexual Abuse.