The concept of 'Sexual Self-Determination' is not unfamiliar with the Criminal Law. However, The answer to the question, "what is sexual self- determination," is not easy and so this issue needs to be further discussed. This is why Sexual Self-Determination is gradually distorted, extended, or disregarded according to the speaker's intention or other circumstances. Sexual Self-Determination has been usually discussed and advocated with Specific Crimes, etc., not with its nature, legal foundation, and development background. Now, the concept that the legal interest prohibiting sexual offences is considered, not a sense of virtue or sex liberation, but Sexual self-determination, is established, and thus there is necessity for a correct interpretation and understanding as to the element of sexual offense, and the relation between individual sexual offenses needs to be formed again. This paper focuses on the concept of sexual self-determination, the scope of such concept, and the issue of whether the understanding about sexual self-determination, which is the legal interest of sexual offense, is appropriate or valid. In addition, as one of the important matters, if its new reflection or comprehension need, this paper focuses on what should be done. For this, I studies the relation between sexual self-determination and constitutional self- determination, and reviews its character based on the dual structure of the sexual self- determination. Then, I inquiries about its main points and analyzes two sides of view, i.e., the freedom of decision-making and the protection of bodily harm. This paper looks into an offense subject to prosecution only on complaint from the victim and its contradiction. Lastly, This paper makes a comparative study concerning sexual offense and then, proposes its new concept.
유료 다운로드의 경우 해당 사이트의 정책에 따라 신규 회원가입, 로그인, 유료 구매 등이 필요할 수 있습니다. 해당 사이트에서 발생하는 귀하의 모든 정보활동은 NDSL의 서비스 정책과 무관합니다.
원문복사신청을 하시면, 일부 해외 인쇄학술지의 경우 외국학술지지원센터(FRIC)에서
무료 원문복사 서비스를 제공합니다.
- 이 논문과 함께 이용한 콘텐츠