미성년자와 심신장애자 대상 범죄에 대한 형법과 특별법 규정의 문제점과 개선방안 (Problems and Improvement Measures of the Stipulation of Criminal Law and Special Act on Crimes against Juveniles and the Disabled)

서지정보

· 발행기관 : 중앙대학교 법학연구원
· 수록지 정보 : 法學論文集 / 39권 / 1호 / 125 ~ 146페이지
· 저자명 : 전보경

초록

Crimes constantly occur in the society that we live in, and the victims of criminal acts always exist due to these crimes. Cases where people with little decision making ability, such as the juveniles or the disabled, becoming victims of crimes are increasing.
In case of criminal acts performed by the juveniles or disabled with little or no cognitive capacity or decision making competency, the criminal law regards them as not being able to take responsibility and does not punish them, or reduces the extent of punishment; and it regulates the crimes against the juveniles under 19 or the disabled. Such regulation on criminal law confirms by law that the juveniles and the disabled are the subject of protection compared to the normal people.
The criminal law poses a problem that it does not include the disabled in the kidnapping and abduction of the juveniles, and the kidnapping·abduction and human trafficking does not include an article that punish for the crimes against them. Committing adultery with juveniles is done through the means of deceptive scheme or power; it gets lighter punishment than rape or indecent assault, and is regulated by the same punishment for rape or indecent assault. Also, there is no regulation against adultery by abuse of occupational authority. Only the regulation on manipulative fraud includes information regarding the juveniles and the disabled. Not only the means of criminal act, but the consideration of the victims of crimes should be included in the punishment.
Article 6 of the Special Law for adultery and indecent assault against the disabled exists but the penalty is too light. Many among the mentally disabled have the cognitive ability and decision making ability at the level of little children. More severe penalty regulation should exist on criminals against these people. Laws concerning the sexual protection of children and juveniles practice the same penalty regulation on adultery and indecent assault against children and juveniles, regardless of their age or the means of crime.
As the juveniles and the disabled are more prone to become targets of crimes than normal people and these crimes actually do occur more often, the safeguard for them is desperately needed. Therefore, now is the time when the law should clearly define the scope of crimes against them, and the improvement measures that include more severe penalty regulation are necessary.

영어초록

Crimes constantly occur in the society that we live in, and the victims of criminal acts always exist due to these crimes. Cases where people with little decision making ability, such as the juveniles or the disabled, becoming victims of crimes are increasing.
In case of criminal acts performed by the juveniles or disabled with little or no cognitive capacity or decision making competency, the criminal law regards them as not being able to take responsibility and does not punish them, or reduces the extent of punishment; and it regulates the crimes against the juveniles under 19 or the disabled. Such regulation on criminal law confirms by law that the juveniles and the disabled are the subject of protection compared to the normal people.
The criminal law poses a problem that it does not include the disabled in the kidnapping and abduction of the juveniles, and the kidnapping·abduction and human trafficking does not include an article that punish for the crimes against them. Committing adultery with juveniles is done through the means of deceptive scheme or power; it gets lighter punishment than rape or indecent assault, and is regulated by the same punishment for rape or indecent assault. Also, there is no regulation against adultery by abuse of occupational authority. Only the regulation on manipulative fraud includes information regarding the juveniles and the disabled. Not only the means of criminal act, but the consideration of the victims of crimes should be included in the punishment.
Article 6 of the Special Law for adultery and indecent assault against the disabled exists but the penalty is too light. Many among the mentally disabled have the cognitive ability and decision making ability at the level of little children. More severe penalty regulation should exist on criminals against these people. Laws concerning the sexual protection of children and juveniles practice the same penalty regulation on adultery and indecent assault against children and juveniles, regardless of their age or the means of crime.
As the juveniles and the disabled are more prone to become targets of crimes than normal people and these crimes actually do occur more often, the safeguard for them is desperately needed. Therefore, now is the time when the law should clearly define the scope of crimes against them, and the improvement measures that include more severe penalty regulation are necessary.

참고자료

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