@article{ART001272490},
author={Song, Si Seob},
title={Reconstructing ‘Relative Injury Conception’ in Aggravated Rape},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2008},
number={42},
pages={117-143}
TY - JOUR
AU - Song, Si Seob
TI - Reconstructing ‘Relative Injury Conception’ in Aggravated Rape
JO - DONG-A LAW REVIEW
PY - 2008
VL - null
IS - 42
PB - The Institute for Legal Studies Dong-A University
SP - 117
EP - 143
SN - 1225-3405
AB - Korean Supreme Court (‘KSC’) has made unique criterion to build so-called ‘Relative Injury Conception’ (‘RIC’) in the area of aggravated rape (a/k/a Injury resulting from Rape). This long time effort has been started from the need that aggravated rape can be reduced to ‘Motions to Dismiss an Indictment’ when the victim withdraw her accusation after mutual agreement. Scholars have been debated the meaning of RIC only in the area of aggravated rape, not trying to rebuild the conception of ‘Injury Conception’ of itself. But we should turn our attentions to the reconstruction of the meaning of Injury.
First, the conception of Injury might to be modified by accepting the RIC developed in the aggravated rape to the ‘socialized’ conception of Injury excluding the minor injury that can be happened in trivial conflicts on every day's life and cured without further medical treatment, no impediment remained.
Second, the criterion have be specified to clarify the meaning of injury in the area of aggravated rape as well as injury. Time flow analysis is explored and tried in this article. It can reveal the necessity to get after-medical-diagnosis relating to the physical impediment after injury before judgment. Third, new criterion to define the injury in aggravated rape emerged in recent KSC rulings cast somewhat confusing problem to redraw the line for the women victim's interest. This tendency to regulate the width of conception ruled case by case might bring more significant problem to have the RIC being confused.
Fourth, efforts to narrowing the possibility to be indicted as aggravated rape have been debated in Japan named ‘Means Test’ against the ‘Opportunity Test’ approved by majority and it will be needed to import for flourishing the academic advance.
Fifth, through comparative study, we could suggest to redefine the range of injury concept in the aggravated rape to be punished the injury occurred by rape in the case of ‘serious bodily injury’ following German and American penal code.
Through this study, we can reconstruct the unified meaning of Injury throughout the criminal dogmatic to eradicate the vagueness of RIC to clarify the range of aggravated rape. We should take the Principle in the midst of Ambiguity.
KW - Relative Injury Coneption (RIC);Injury;Aggravated Rape
DO -
UR -
ER -
Song, Si Seob. (2008). Reconstructing ‘Relative Injury Conception’ in Aggravated Rape. DONG-A LAW REVIEW, 42, 117-143.
Song, Si Seob. 2008, "Reconstructing ‘Relative Injury Conception’ in Aggravated Rape", DONG-A LAW REVIEW, no.42, pp.117-143.
Song, Si Seob "Reconstructing ‘Relative Injury Conception’ in Aggravated Rape" DONG-A LAW REVIEW 42 pp.117-143 (2008) : 117.
Song, Si Seob. Reconstructing ‘Relative Injury Conception’ in Aggravated Rape. 2008; 42 : 117-143.
Song, Si Seob. "Reconstructing ‘Relative Injury Conception’ in Aggravated Rape" DONG-A LAW REVIEW no.42(2008) : 117-143.
Song, Si Seob. Reconstructing ‘Relative Injury Conception’ in Aggravated Rape. DONG-A LAW REVIEW, 42, 117-143.
Song, Si Seob. Reconstructing ‘Relative Injury Conception’ in Aggravated Rape. DONG-A LAW REVIEW. 2008; 42 117-143.
Song, Si Seob. Reconstructing ‘Relative Injury Conception’ in Aggravated Rape. 2008; 42 : 117-143.
Song, Si Seob. "Reconstructing ‘Relative Injury Conception’ in Aggravated Rape" DONG-A LAW REVIEW no.42(2008) : 117-143.
