인터넷상 아동,청소년 이용 음란물 소지의 개념에 관한 검토 -미국과의 비교를 중심으로- = A Study on the Concept of Possession of Child Pornography on the Internet in comparison with USA

다국어 초록 (Multilingual Abstract)

As the recent media have reported vicious and extreme sexual crimes against children and juveniles consecutively, toughening up penalties for such types of crimes have become a social issue. In light of such critical social atmosphere, the legislative branch amended the Act on the Protection of Children and Juveniles from Sexual Abuse and newly introduced regulation to punish simple possession of child pornography. In 2012, the prosecutors and the police started to crackdown on those who simply possess child pornography according to the amended law. Although some find that criminalizing possession itself is overly excessive, the possession of child pornography not only perpetually causes harm to the young victims, but also dangerously exposes potential victims to an unconventional, distorted sexual culture. Thus, criminal regulation on possession of child pornography is timely and necessary. An issue of ambiguity of the crackdown standard which was presented by the investigative authority has been continuously raised. The most controversial issue is the concept of ``possession``. Considering the main route for child pornography distribution is the Internet, the concept of ``possession``, a term used for material objects needs supplementary interpretation to fit the new online context. Therefore ``possession`` should be understood in both ways, literal and practical. That is to say, possession on internet can be interpreted as the possibility of management of those files such as copying, saving, and circulating. Recent U.S. jurisprudence has shed some light on the issue whether temporary internet files through the cache system can be interpreted as ``possession``. Like the U.S. law, Korea should add deliberate approach for viewing of child pornography as another action in addition to possession, and cache memory should be used as to prove such criminal act. In the end, Korea is at the early stages of legal regulations for child pornography, so we have to make efforts to organize relevant rules, develop relevant interpretations and accumulate relevant precedents to catch up with the rapidly changing internet environment.

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