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A Comparative Study of Penalty Regulations on Possession and Viewing of the Illegal Filming - Focusing on Article 14 of the Sexual Violence Punishment Act

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2020, 8(4), pp.109-130
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 10, 2020
  • Accepted : November 25, 2020
  • Published : November 30, 2020

Park Hyun Jeong 1

1조선대학교

Candidate

ABSTRACT

In the case of illegal filming of sexual crimes, it makes the victims are not allowed to live their work, daily, and social lives in pain that is difficult to recover, as is the case of sexual violence crimes that occur in reality. Moreover, there is a high risk that illegally photographed videos are created and distributed online contrary to their intentions, and the damage will spread rapidly due to anonymity and rapid propagation. Focusing on the so-called 'Nth Room' the existing penalties for illegal filming and distribution of sexual exploitation videos, and penalties for possession and viewing of illegal filming were newly established, and by expanding the subject and scope of punishment for digital sexual crimes, the efforts are being made to protect victims. However, in the case of digital sexual crimes, there are many hidden and various types of crimes and the classification of the subject and scope of sanctions is insufficient compared to those of foreign countries. In this respect, focusing on foreign legislation, a detailed interpretation of 「ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF SEXUAL CRIMES」 Article 14 (Taking Photographs by Using Cameras) should be made. In particular, focusing on the dangers of accomplice regarding illegal photography and indiscriminate circulation of sexual crimes, also possessions and viewing these illegal filming, the basis for reasonable sanctions regulations should be provided. Through this, measures to eradicate illegal filming of sexual crimes and various institutional measures to protect victims should be prepared together.

Citation status

* References for papers published after 2022 are currently being built.

This paper was written with support from the National Research Foundation of Korea.