가상공간 내 아바타 성추행의 당벌성에 관한 고찰

The advancement of digital and mobile technologies presents a fundamental challenge to how criminal law responds to technological changes. The existing criminal law framework, which is based on physical contact, reveals its limitations in addressing new forms of sexual harm that occur in non-physical spaces. In particular, the issue of sexual assault between avatars in the metaverse starkly highlights this legal gap. This paper aims to establish the foundational legal principles to address this issue by examining the relationship between virtual and real spaces, the reality of harm caused by sexual assault between avatars, and the physical attributes of avatars active in virtual spaces. Through this, the paper analyzes the distinctions between sexual assault between avatars and other forms of digital sexual harrassment, ultimately seeking to identify the legal grounds that justify the criminal punishability of such acts. To achieve this, the paper reviews existing views on avatar sexual violence. It engages with relevant literature from human geography, criminology, and philosophy, applying these perspectives to virtual spaces and avatars. In conclusion, virtual spaces are not separate fictitious realms, but extensions of reality with spatial significance, and sexual violence committed by avatars in these spaces is regarded as an antisocial act that causes tangible harm. Moreover, the essence of sexual violence, such as assault or rape, lies in the sexual objectification of the body. Since avatars in virtual spaces possess bodily attributes as both perceptual subjects and objects of action, the justification for punishment is recognized. However, the justification for punishment does not necessarily equate to its enforcement, and further theoretical and practical discussions are required in the future.