최근 디지털 환경에서의 성폭력범죄의 변화와 형사법의 대응 - 디지털 성범죄 대응을 중심으로 -

Across the field of criminal law, few areas have witnessed legislative change as rapidly as sexual violence offences. In recent years, the proliferation of so-called digital sexual offences has spurred a series of new enactments and amendments. In response to the spread of sexual violence in digital environments, Korea has continuously revised relevant statutes, including the Act on the Punishment of Sexual Crimes, the Act on the Protection of Children and Juveniles from Sexual Abuse, the Act on Regulation and Punishment of Criminal Proceeds Concealment, the Information and Communications Network Act, and the Telecommunications Business Act. These efforts have achieved certain outcomes: faster blocking of illegal recordings, manipulated or fabricated sexual images, and child sexual exploitation material; the imposition of stricter obligations on platform operators; and the expansion of victim support systems. Nevertheless, these reforms have also raised concerns regarding over-criminalisation. The expansion of ex ante blocking duties and the broader scope of criminal liability risk undermining freedom of expression and eroding the principle of ultima ratio in criminal law. Doubts persist over the appropriateness of the scope, coverage, and severity of criminal sanctions. In addition, enhancing the effectiveness of regulation over foreign-based platforms and establishing victim-centred and prompt recovery mechanisms remain urgent challenges for future reform.