소아과 의사의 진료행위와 아동·청소년성보호법상 추행행위 판단 ― 대법원 2016. 12. 29. 선고 2015도624 판결; 서울고등법원 2014. 12. 19. 선고 2014노767 판결(아동 · 청소년의 성보호에 관한 법률위반: 위계등추행) ―
Medical Treatment by a Pediatrist and Indecent Act against Children under the Act on The Protection of Children Against Sexual Abuse
- 발행
- 2018 등록이 논문은 발행 시점을 확인하지 못해 원문 등록일을 적었습니다. KCI가 2005~2008년에 옛 논문을 몰아서 올린 탓에, 그 시기 등록분은 발행보다 평균 3~5년 늦습니다. 실제 발행연도는 더 이를 수 있습니다.
- 출처
- 국내 KCI
- DOI
- 10.23102/kaccs.2018.26..005
- 원문
- 원문 보기 ↗
개념
키워드
아동 · 청소년 성보호에 관한 법률, 위계에 의한 추행, 성적 자기결정권, 피해아동진술, Act on the Protection of Children against Sexual Abuse, indecent act, self-determination of sex, the statements of sexually abused children
초록
Sexual Abuse is to prepare procedures for relieving and assisting victimized children and juveniles, and protecting them against sexual abuse and assisting them to become sound members of society. Any person who commits an offense of indecent act against a child or juvenile shall be punished by imprisonment with labor for a limited term of at least two years or by a fine of at least ten million won, but not more than 30 million won.
 From the perspective of children and juveniles, protection of their sexual autonomy should have special meaning. Understanding of self, will, sex, age, and environment of children must be considered when the court make decision on the relevant cases. Sexual violence against children must have devastated effect on their development towards a man or woman who fully enjoys his or her own self determination of sex.
 The case reviewed by this essay is on the issue of medical treatment by pediatrist and indecent act against children patients. The court denied victims’ statement on their victimization as a guess or emotional reaction, not real experiences. Investigators and judges should have special understanding on the characteristics of child vic