인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
개인구독
소속 기관이 없으신 경우, 개인 정기구독을 하시면 저렴하게
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지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록·키워드
Amid the society which has been getting developed in more diverse and complex pattern, sexual assault has also been changed in various ways accordingly but regretfully current criminal law can hardly respond to such patterns. When it comes to analogous intercourse, it’s considered a rape which is subject to severe punishment in advanced nations in including Germany and France where the laws define the rape as “penetration into the body” and then in Korea, on the contrary, ‘genital penetration only is considered the rape’ and analogous intercourse is regarded the indecent assault and moreover, the object of the rape offense is limited to women.
And for reasons of respecting the privacy and personality, the sexual assault including sexual molestation, kidnapping, luring, bribing and concealing for the purpose of adultery and rape are defined as the crime subject to victim’s complaint. But in a bid to induce the withdrawal of complaint by the victim, perpetrators rather often threaten the victims or sue against the victim for defamation. Despite of the criminal laws which clearly define the sexual assault as a grave crime, it still remains as the crime subject to victim’s complaint, which is against the intent of the criminal law system. In case of sexual intercourse under pretence of marriage, very few cases in fact undergo punishment. The law limiting the object of illicit sexual intercourse under pretence of marriage to “the women who do not have habitual obscene act” has damaged the sexual identity of the women, which thus shall be abolished.
To effectively deal with the sexual assaults developed in diverse patterns and manners, the law to deal with analogous intercourse shall be established and the objects of sex crime shall be expanded form ‘women’ to ‘person’ and the system allowing the crime subject to victim’s complaint and illicit sexual intercourse under pretence of marriage shall be abolished and the revised law incorporating such circumstance, dubbed the 11th revised criminal law, has been currently endorsed recently by the national assembly and will become effective as of June 19, 2013.
And for reasons of respecting the privacy and personality, the sexual assault including sexual molestation, kidnapping, luring, bribing and concealing for the purpose of adultery and rape are defined as the crime subject to victim’s complaint. But in a bid to induce the withdrawal of complaint by the victim, perpetrators rather often threaten the victims or sue against the victim for defamation. Despite of the criminal laws which clearly define the sexual assault as a grave crime, it still remains as the crime subject to victim’s complaint, which is against the intent of the criminal law system. In case of sexual intercourse under pretence of marriage, very few cases in fact undergo punishment. The law limiting the object of illicit sexual intercourse under pretence of marriage to “the women who do not have habitual obscene act” has damaged the sexual identity of the women, which thus shall be abolished.
To effectively deal with the sexual assaults developed in diverse patterns and manners, the law to deal with analogous intercourse shall be established and the objects of sex crime shall be expanded form ‘women’ to ‘person’ and the system allowing the crime subject to victim’s complaint and illicit sexual intercourse under pretence of marriage shall be abolished and the revised law incorporating such circumstance, dubbed the 11th revised criminal law, has been currently endorsed recently by the national assembly and will become effective as of June 19, 2013.
본문·목차
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
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UCI(KEPA) : I410-ECN-0101-2014-300-003338505