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A Legal and Institutional Study on Support for Digital Crime Victims - with priority given to digital sexual crimes -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2020, 92(), pp.319-335
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : November 2, 2020
  • Accepted : November 23, 2020
  • Published : November 25, 2020

seon eun ae 1

1송원대학교

Accredited

ABSTRACT

Currently, the advancement of diverse technologies has facilitated exposure to massmedia via the Internet and smartphones in our society, causing various problems, and digital crimes are emerging as one of social issues. There is no single law that directly defines digital crimes. Instead, several individual laws prescribe punishment: act on promotion of information and communication network utilization and information protection, the criminal law, special act on the punishment, etc., of sexual violence crimes, act on the prevention of sexual violence and the protection of victims, etc., act on the protection of children and adolescents from sexual offenses, and the child welfare law. But these acts can neither cover all sorts and all parts of digital crimes nor include any precise stipulations on standards for the scope and content of digital information in connection with the infringement of rights such as privacy infringement or defamation. So there are limitations to these acts in terms of how to impose penalty or sanctions on digital crimes. Recently, the occurrence of digital sexual crimes that are part of digital crimes becomes a great warning to our society, and there are unavoidable problems with the ways of supporting crime victims on account of limited punishment and sanctions. Digital crime victims suffer damage in various ways on the cyberspace anonymously or under their real names, and they are harmed in the real world as well as on the cyberspace. Even though proper measures and support are both required eventually, they suffer collateral pain because of the lack of concrete stipulations. In particular, the number of digital sexual crimes in 2019 showed an approximately 47% increase from 2018, and support for digital sexual crime victims is necessary. The Digital Sexual Crime Victims Support Center offers various aids, but their support is not yet sufficient. Accordingly, the laws on support for victims of digital crimes, especially sexual crimes, should be improved, and how to regulate digital sexual crimes both domestically and abroad should be considered. Besides, the relief system for damages caused by digital sexual crimes should be improved, and prompt countermeasures should be taken. Finally, professional human resources who can back up digital sexual crime victims should be secured. These legal and institutional suggestions on support for digital sexual crime victims are expected to make a contribution to the protection of their rights.

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