SHERP

여성주의 관점에서 본 성폭력범죄
Korean Sexual Violence Law Viewed from Feminist Perspective

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Authors
조국
Issue Date
2002
Publisher
서울대학교 법학연구소
Citation
법학, Vol.43 No2 pp.165-186
Keywords
여성주의(feminism)성폭력특별법성찰적 법여성주의’론에 대한 비판남성중심적 강간죄 형법규정
Abstract
The Act for Punishment of Sexual Violence Crimes and Protection of
Victims was legislated in 1994 thanks to the Korean women's rights
movement. While women's organizations applauses for the Act, some criminal
law professors including Professor Sang-Don Yi keep a critical standpoint of it
for the Act is a “female-biased” legislation, violates the defendant's procedural
rights.
This Article begins with a critical review of Professor Yi's “reflective
feminism,” which is strongly influenced by Jürgen Habermas' theory. In
pointing of Professor Yi's ignoring that Habermas' “ideal speech situation”
presupposes “reflectivity” and “symmetry conditions,” this Article takes position
that Korean women's rights movement further need “strategic action” as well
as “communicative action.” Second, it criticizes the marital rape exemption and
the utmost resistance requirement in the Korean rape law. It argues that
marriage must not be viewed as giving a husband the right to coerced
intercourse on demand, and what matters is not whether the victim resisted
but whether the victim's right to sexual autonomy was infringed. Third, this
article examines that the mandatory requirement of victim's complaint for
punishing rapists has not succeeded in achieving its alleged objective: to
respect victim's privacy, rather to serve only to exempt the criminals. Finally,
it firmly stands by the newly-established procedural shield for victims of
sexual violence crimes by the Act for Punishment of Sexual Violence Crimes
and Protection of Victims.
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/9101
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 43, Number 1/4 (2002)
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