카메라등이용촬영죄 구성요건의 문제점과 개선방안 - 일본 성적자태촬영처벌법과의 비교법적 검토 -

With science technology advanced and the internet generalized, smart-phones are more distributed and spread, and information can be more actively shared through SNS, etc. In fact, such a change greatly contributes to making our life more convenient and affluent, but there always take place social problems to the contrary, such as Water Park Hidden Cam Incident in 2015, and Drone Cam Incident. Especially, such advanced science technology is abused, further turning women into victims, so it is necessary to actively respond to such new types of crime. The problem, however, is that the present Sexual Violence Act cannot deal with all the types of sexual offenses with camera-used filming involved, creating a critical punishment hiatus. Thus, this study aimed to clarify problems of illegal filming regulations according to the Sexual Violence Act and propose improvement measures. Most of all, this study reviewed and analyzed the official statistics of illegal filming and punishment status, and drew implications. Then, through the interpretation of Article 14 of Sexual Violence Act on special cases, related to illegal filming regulations and punishments, this study analyzed how this act is applied to specific cases, and considered the underlying problems at the same time. Lastly, to solve the problems of illegal filming regulations, this study reviewed the details of ‘Act on the Punishment of Sexual Figure Filming Behaviors and the Eradication of Electronic Records Related to Sexual Figure Images Recorded in Confiscated Articles’, which was newly enforced in July, 2023 in Japan. Based on the review results, this study proposed specific improvement measures for the existing illegal filming regulations.