아동ㆍ청소년이용음란물의 단순소지자에 대한 규제의 현상과 방향성

다국어 초록 (Multilingual Abstract)

The production and sale, and to a slightly lesser degree the possession, of child pornography, which is the visual representation of minors engaged in sexual activity or engaging in lewd or erotic behavior designed to arouse the viewer’s sexual interest, is illegal in most countries. In South Korea, the Protection of Children and Adolescents Against Sexual Exploitation Act criminalizes the producing, importing, exporting, selling, distributing, offering, disseminating and possessing of pornography involving children and adolescents. So, under the conditions as prescribed by the Act, attempting to gain access to such pornographic materials is not punishable, but(simple) possession of such pornographic materials is illegal if it is for the purpose of selling, renting, or distributing it for profit.
Few would disagree that the government has a compelling interest in protecting minors from sexual abuse and exploitation, which is also the main reason for defining and criminalizing child pornography. In this regard, forms of child pornography offences,(simple) possession of child pornography in particular, have to be designed and implemented more precisely and goal-oriented as well. Laws addressing the(simple) possession of child pornography vary from country to country. Some countries have restrictions on the criminalization of(simple) possession of child pornography; the U.S. Supreme Court ruled that the provisions prohibiting virtual depictions of child pornography went too far by trying to ban speech that created no real minor victims of sexual abuse.
The United Nations Optional Protocol on the Rights of the Child states that all signatories shall take appropriate measures to prevent the exploitative use of children in pornographic performances and materials. Both the Council of Europe’s Cybercrime Convention and the EU Framework Decision require member states to criminalize all aspects of child pornography. There is a growing international consensus on the risks to children from child pornography, but such a consensus is based on the concept that the use of children in the production or distribution of pornographic materials or performances must be prohibited. In that sense, the(simple) possession of child pornography can be appropriately classified as criminal conduct. Nonetheless, how it is treated thereafter is of concern, and also requires a careful discussion.

참고문헌 (Reference)

1 김미숙, "아동청소년 성착취 근절을 위한 국내외 이행실태 연구" 보건복지가족부ㆍ한국보건사회연구원 2009

2 경찰청, "아동음란물 단속 관련 설명자료"

3 한석현, "성범죄 처벌법규의 체계적 정비방안" 국회입법조사처 2011

4 加藤隆之, "性表現規制の限界-｢わいせつ｣概念とその規制根拠"

5 Endrass, Jérôme, "The consumption of Internet child pornography and violent and sex offending" 43-50, 2009

6 Burke, Debra D, "The Criminalization of Virtual Child Pornography: A Constitutional Question" 439-472, 1997

7 Wortley, Richard, "Situational Prevention Of Child Sexual Abuse: Crime Prevention Studies Vol.19" Crime Prevention Studies 2006

8 U.S. House Committee on the Judiciary, "Sex Crimes and the Internet, Hearing before the Committee on the Judiciary House of Representatives" 2007

9 European Commission, "Proposal for a Directive of the European Parliament and of the Council on combating the sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA"

10 Altenhain, Karsten, "Kriterien der Scheinminderjährigkeit im Rahmen des Stafverbots der Jugendpornographie"

11 Deutscher Bundestag, "Drucksache 16/9646"

12 Finkelhor, David, "Current Information on the Scope and Nature of Child Sexual Abuse" 31-53, 1994

13 대검찰청, "2012년 9월 24일자 보도자료(검찰, 아동ㆍ청소년 음란물 유통 근절을 위해 엄중처벌로 강력 대처)"