성폭력방지법상 디지털 성폭력행위자에 대한 구상권 행사 조항의 입법 평가 및 그 실효성 확보를 위한 법제 개선방안

As part of the improvement tasks of the <Comprehensive Measures for the Prevention of Damage to Digital Sexual Violence>, which was jointly established and announced by relevant ministries in September 2017, Article 7-3 of the Sexual Violence Prevention and Victims Protection Act was newly established in 2018: The State may provide victims who have suffered damage with support for deleting illegal photographs, and the expenses incurred in deleting photographs shall be borne by sex offenders and where the State pays the expenses incurred in deleting photographs, it may exercise the right to demand a reimbursement against sex offenders. It has been about 5 years since the state's right to demand a reimbursement against sex offenders of digital sexual violence under Article 7-3 was introduced with the legislative purpose of ‘strengthening the responsibility of perpetrators’, but it appears that the right to demand a reimbursement has not been exercised even once and no legislative supplement has been made. The reason can be seen as the limitations of the normal exercise of the right to demand a reimbursement and the additional limitations limited to the exercise of the right to demand a reimbursement under the Sexual Violence Prevention and Victims Protection Act. Accordingly, in order to overcome the limitations of exercising the right to demand a reimbursement and ensure effectiveness, this study suggested ways to reorganize the subject of exercise of the right to demand a reimbursement and support system.