그루밍에 관한 형사입법의 쟁점 검토 = A Review of the Issues of Criminal Legislation on Grooming

다국어 초록 (Multilingual Abstract)

The requirement of the most narrative type in the degree of inability to resist in the crime of rape has been criticized for the reason that the victims’ specific circumstances are not likely to be taken into account under such conditions. In response to criticism, there has been a tendency to mitigate the requirement in legal judgments. In particular, the concept of ‘grooming’ has begun to be widely considered. It is referred to as psychological pressure on victims to prevent them from actively resisting sexual crime.
Although it is difficult to find a consistent definition of grooming, this concept can contribute to legal thinking related to sexual crimes. In general, the stage of attempting psychological manipulation has not been a requirement of a crime under the current law. Criminal policy to actively protect victims pays attention to this stage by criminalizing it. Offenders can be punished when attracting, soliciting, and persuading children to meet them in sexual purposes by the law. However, such legislation needs to be strictly reviewed and should be regulated only exceptionally.
In Korea, ‘Online Grooming’ legislation stipulates the types of behavior as a crime which are limited to the act of engaging in sexual conversation or encouraging the act of buying and selling sex through online. As it is regulated only within such a limited range, it is difficult to meet the original purpose. Therefore, it is necessary to consider adding a type of behavior.