Violence on women's bodies and sexuality in cyberspace has been a problem since the 2000s. It has responded to sexual harassment, sexual harassment, sexual harassment, sexual harassment, and sexual harassment, as well as the leakage of personal information and pornography into the category of cyber sexual assault that encompasses defamation or humiliation. At this time, cyber sexual violence is a concept that focuses on verbal sexual violence that takes place online. Cyber-sex violence has been used as a sexual harassment act in cyberspace, including the transmission of one-sided sexual messages, sexual coercion, and cyber-stalking through leaks such as personal information of women and obscene videos, photos, but the nature of such acts has also been debated. This violence against women's bodies and sexuality in cyberspace is not just a violation of the social legal interest using information, but also a direct violation of the individual's body and character using digital technology, just like rape, a traditional sexual crime. In addition, the current punishment for sexual crimes involving digital equipment and information communication networks is limited in scope of its appeal. Under the ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF SEXUAL CRIMES Article 14 cannot catch various types of sexual crimes that are actually occurring by excluding the leakage of self-pictured sexual images and taking issue with the extent of physical exposure of images. To be specific, the Supreme Court's ruling that the act of photographing someone's own nude photos cannot be punished for the act of taking pictures of someone's body as a matter of composition, confirming that there is no currently a regulation that can be punished for leakage from sexual images and receiving sexual images, mainly the part of the Supreme Court's interpretation of sexual desire or shame. It is difficult to respond criminally to the filming.
This study aims to find criminal policy for punishment and regulations after conducting an empirical study on the status and type of online sexual violence crimes, including the use of digital technology, and the content and scope of damages. The problem recognition in this study is to explore whether the current methods and content of punishment and regulation are adequately responding to the type of online sexual violence that is currently occurring, what problems are there if not addressed, and what improvements are needed to address them. Therefore, the online sexual violence crimes to be dealt with in this study are limited to acts that correspond to online sexual harassment, stalking, illegal filming, and the circulation of scams that are subject to the current of the ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF SEXUAL CRIMES. This study does not cover online sexual crimes against minors related to child pornography under the ACT ON THE PROTECTION OF CHILDREN AND JUVENILES AGAINST SEXUAL ABUSE, which already consists of serious crimes, as it is intended to examine the gaps in punishment of newly emerging online sexual assaults and how to improve them.
In this study, we will first conduct an empirical study of the current state of online sexual violence, type of behavior, and the experiences of those involved in it to diagnose the content and methods of punishment and regulations related to online sexual violence, and the establishment of protection laws. To this end, it will also consider issues raised in the process of actual punishment and regulation. In addition, considering the fact that online sexual crimes are currently being challenged worldwide due to the development of technology, we will conduct comparative research on foreign legislation and criminal policy measures and use the data to present improvement measures concerning punishment and regulation of online sexual crimes in Korea.
For the purposes of this study, the contents of this study are as follows: First, it analyzes domestic and international legal systems related to online sexual crimes. Analyse how online sexual violence related laws have evolved within the legal system of each country, and review them as evidence to refer to in improving our relevant legislation. Second, we conduct empirical research on the status and type of changes in online sexual violence. In order to understand the reality of online sexual violence and the type of criminal behavior by producing, distributing and distributing digital equipment and information communication networks, online postings will collect cases of sexual harassment, such as reaching a language or sexual image, and reveal the types, characteristics, and changing behaviors of online sexual violence. Third, the online experience of sexual crimes reveals the nature of their encroachment and examines the patterns and limitations of legal responses. To this end, in-depth interview data for victims of online sexual violence are collected and analyzed by law enforcement agencies, staff of the Korea Communications Standards Commission responsible for review and related measures such as the deletion and blocking of illegal information, and in-depth interview data on those who support victims. In addition, data on the type, characteristics, and experience of the damage are collected and analyzed through the online sexual violence victim's counseling log. Lastly, we are looking for and suggesting criminal policy responses to changes in online sexual crimes. The government will review and suggest ways to improve the punishment law, which is consistent with the new online nature of sexual crimes, and administrative and autonomous measures to prevent online sexual crimes and the spread of damages.