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2020 한국 사이버성폭력을 진단한다 Diagnosis of Cyber Sexual Violence in Korea 2020 2020 한국 사이버성폭력을 진단한다 Diagnosis of Cyber Sexual Violence in Korea 2020

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2020 한국 사이버성폭력을 진단한다 Diagnosis of Cyber Sexual Violence in Korea 2020 2020 한국 사이버성폭력을 진단한다 Diagnosis of Cyber Sexual Violence in Korea 2020 2020 한국 사이버성폭력을 진단한다 Diagnosis of Cyber Sexual Violence in Korea 2020 2020 한국 사이버성폭력을 진단한다 Diagnosis of Cyber Sexual Violence in Korea 2020 ˟핊얺숞믾 핂�펞슿핳쁢칺옎슲픎묻칺핂쩒컿엳샎픟켊�힎풞묻핂 쿦힟핞욚슲픒핺묺컿멑핓삖삲 차례 Part 1. How has ‘pycam̀ become ‘Filming’? 07 1 The History of Amendments of Acton Special Cases Concerning the Punishment, etc. of Sexual Crimes 08 2 Re-interpretation of the IIVTCC 7 Cases in the 1990s. 22 3 Cyber Sexual Violence and Megalia 28 Part 2. Cyber Sexual Violence in South Korea 2020 57 1 Scrutinizing Online Sexual Violence 58 2 The Manhood of Korean Men in Their 20s and 30s 86 3 The Next Front: ‘Jerk-of Materials’ Not Recognized as IIVTCC 104 4 The Trafc in Women 120 Conclusion: Right Now Is Our Feminist Moment 132 Endnote 155 Part 1. How has ‘Spycam’ become ‘Illicit Filming’? Part 1. How has ‘Spycam’ become ‘Illicit Filming’? 07 1. Before the Amendment of the Act on Special Cases 1.1 Concerning the Punishment, etc. of Sexual Crimes The History of Before the legislation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the only legal basis to report Amendments of Acton and punish sexual assault was the Criminal Act. The term ‘sexual violence’ was never clearly stated in any law, of course, Special Cases Concerning and any crimes of sexual nature were classified under chapter 32 of the Criminal Act, named “Crimes Concerning Chastity.” the Punishment, etc. According to the articles under chapter 32 of the Criminal of Sexual Crimes Act, “a person who, through violence or intimidation, has sexual intercourse with a female (article 297)”, “a person who, through violence or intimidation, commits an indecent act on another (article 298)”, “a person who has sexual intercourse with a female or commits an indecent act on another by taking advantage of the other’s condition of unconsciousness or inability to resist (article 299)” could be punished. The report rate of sexual violence was strikingly low, and even if the victim decided to report the crime, the complaints for such cases had to be filed within six months after the incident, and lodging a complaint against a lineal ascendant of the principal himself or of his spouse was not allowed (article 224 of the Criminal Procedure Act).1 From the late 1980’s to the early 1990’s, sexual violence cases showing a significantly diferent aspect from the earlier cases had occurred and received public attention. These cases sparked the beginning of the anti-sexual violence movement. Unlike the cases that had been publicized until the mid 1980’s, these cases targeted individual women and not any specific groups of women such as female workers. Moreover, the perpetrators of these cases were acquaintances and family members of the victims. These characteristics of the aforementioned cases drastically changed the public’s understanding of ‘sexual violence’.2 08 Part 1. How has ‘Spycam’ become ‘Illicit Filming’? 09 As a part of the anti-sexual assault movement, Korea is. Moreover, gender-based violence such as marital rape and Women’s Hot Line, along with Korea Sexual Violence Relief domestic violence was not included in the same act. Therefore, Center, Daegu Women’s Association, and Committee on Kim Bu- ‘sexual violence’ regulated by the law was only restricted to nam Case, established the Special Committee for the Legislation ‘violent actions of sexual nature.’6 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the Special Committee for Sexual Crimes). These organizations later joined the Korean 2. The History of Criminalization of ‘Obscene Acts by Using Women’s Association United in forming the Special Committee Means of Communication’ and ‘Taking Photographs or for Sexual Crimes.3 One of the key agendas of the Special Videos by Using Cameras, etc.’ Committee for Sexual Crimes was ‘sexual self-determination.’ The current law often applied to the punishment of online Women’s organizations during that time characterized sexual sexual violence, especially of taking photographs or videos violence as ‘violation of sexual self-determination’ for two and distributing them against the will of the featured person, reasons: “Firstly, to dismantle the patriarchal perspective is article 13 (Obscene Acts by Using Means of Communication) concerning sexual violence such as rape and indecent act and 14 (Taking Photographs or Videos by Using Cameras, etc.) of by departing from the traditional framework of ‘Crimes Act on Special Cases Concerning the Punishment, etc. of Sexual of Chastity’; and secondly, to lay down the foundation for Crimes (hereinafter referred to as Act on Punishment of Sexual expanding the scope of actions that could be punished under Crimes). Let us look into the brief history of amendments of the name of ‘sexual violence’.”4 Furthermore, the Special these two articles. Committee for Sexual Crimes defined sexual assault as “an act of imposing any forceful verbal or non-verbal action regarding 1) Act on Punishment of Sexual Crimes, Article 13 sex. Sexual violence in the broad sense includes both sexual (Obscene Acts by Using Means of Communication) violence in the narrow sense and domestic violence. Sexual The article concerning ‘obscene acts by using means of violence in the narrow sense refers to all forms of violation communication’ was newly legislated along with the 1994 of the sexual self-determination of a person.” In other words, Special Act on Sexual Violence. At the time, article 14 of the their definition of sexual violence was not limited to ‘violent same act stated, “a person who sends another person any actions of sexual nature,’ and it included acts of violence that words, sounds, writings, drawings, images, or other things that stem from gender inequality, such as domestic violence.5 may cause a sense of sexual shame or aversion by telephone, Despite these discussions on sexual violence, Act on mail, computer, etc., with intent to arouse or satisfy his/her Punishment of Sexual Crimes and Protection, etc. of Victims own or the other person's sexual urges, shall be punished by (Repealed in 2011) of 1994 did not include the definition of imprisonment for not more than one year or by a fine not sexual violence nor the concept of ‘sexual self-determination.’ It exceeding three million won.” Since the amendment of the merely listed the preexisting chapters 22, 31, 32 and article 339 same law in 2006, the penalty of the aforementioned crime was of the Criminal Act without specifying what ‘sexual violence’ increased to imprisonment for not more than two years or by a 10 Part 1. How has ‘Spycam’ become ‘Illicit Filming’? 11 fine not exceeding five million won. Enacted 2010, Article 12 (Obscene Acts by Using Means of In 2010, the Special Act on Sexual Violence was separated into Act No. 10258 Communication) Act on Punishment of Sexual Crimes and Act on the Prevention of (EEstablishment A person who sends another person any words, Sexual Assault and Protection, etc. of Victims thereof (hereinafter Date 4. Apr, 2010) sounds, writings, pictures, images, or other things that may cause a sense of sexual shame or aversion referred to as Act on the Prevention of Sexual Assault). Items by telephone, mail, computer, or other means of related to ‘obscene acts by using means of communication’ in communication, with intent to arouse or satisfy article 14 of the Special Act on Sexual Violence were moved his/her own or the other person's sexual urges, to article 12 of the Act on Punishment of Sexual Crimes. The shall be punished by imprisonment for not more than two years or by a fine not exceeding five content of the article and penalty did not change a lot, but some million won. vocabulary was modified—“etc.” was revised to “other means of communication”, and “drawings” to “pictures.” Later in 2012, the Amended 2012, Article 13 (Obscene Acts by Using Means of Act on Punishment of Sexual Crimes was amended again and Act No. 11556 Communication) (Complete A person who sends another person any words, items related to ‘obscene acts by using means of communication’ Amendment Date sounds, writings, pictures, images, or other things in article 12 were moved to article 13. 18. Dec, 2012) that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual urges, Enacted 1994, Article 14 (Obscene Acts by Using Means of shall be punished by imprisonment for not more Act No. 4702 Communication) than two years or by a fine not exceeding five (Enactment Date A person who sends another person any words, million won. 5. Jan, 1994) sounds, writings, drawings, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, etc., with intent to arouse or satisfy his/her own or the other person's 2) Article 14 of the Current Law sexual urges, shall be punished by imprisonment (Taking Photographs or Videos by Using Cameras, etc.) for not more than one year or by a fine not The 1997 incident of hidden camera installed in women’s exceeding three million won. bathroom of Sinchon Grace department store initiated the Amended 2006, Article 14 (Obscene Acts by Using Means of legislation of a law concerning ‘taking photographs by using Act No. 8059 Communication) cameras, etc.’ (article 14 (2)) of the Special Act on Sexual (Partial Amend- A person who sends another person any words, Violence. The article stated, “a person who takes photos or ment Date 27. Oct, sounds, writings, drawings, images, or other things 2006).
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