The Criminal Legislation Of Sexual Crimes In South Korea

South Korea is an in countries with high rates of sexual crime cases,typical as we known Korean movie the archetype of the "melting pot"-"Gwangju Inwa Deaf and Mute School Child Sexual Abuse Incident" in 2005 and the prototype of the film "Suyuan"-"Zhao Dou Shun Incident" in September 2009,etc,not only caused the social level of shock in Korea,in other countries also caused wide attention.In countries with frequent cases of sexual crimes,the criminal legislation of sexual crimes is also frequently formulated and revised.The main ways of its revision are to increase the intensity of penalty and expand the scope of security punishment.This trend of sexual crime legislation in South Korea is also called the tendency of heavy punishment legislation.It is this tendency of severe punishment legislation that has been questioned by scholars in South Korea.This is because the real severe punishment legislation in South Korea has not brought obvious improvement to the occurrence and offending of sexual crimes,but has shown many problems.In recent years,the sexual violence crime in South Korea can be said to be at the center of the criminal law in South Korea,and the core is the continuous increase and brutality of the sexual violence crime.Affected by this,South Korean citizens require the government authorities to formulate strong and effective countermeasures to prevent the occurrence of sexual violence crimes,and these requirements have been introduced into the criminal legislation by the National Assembly of South Korea,resulting in the continuous increase of the criminal punishment of sexual violence law and the continuous strengthening and expansion of security measures.In particular,when specific violent crimes that arouse social attention occur,the criminal sanctions on sexual violence crimes are continuously strengthened.The unease and fear of South Korean people towards sexual violence crimes are mostly influenced by the exaggerated and distorted reports of South Korean media that only focus on specific violent crimes with topical factors.Compared with the objective and scientific substantive verification,the Korean National Assembly is more inclined to take words out of context and purposefully listen to the demands of the people affected by public opinions,and carry out legislative activities based on this.This kind of criminal legislation full of political factors makes the criminal law become a political tool to appease the uneasiness and fear of the South Korean people to crime.This is what is called the politicization of criminal law and the mass pandering of criminal law.Such legislation mode,which takes strengthening the criminal punishment of sexual violence as the main means,will lead to the emergence of many problems such as the public opinion,politicization of the criminal law,violation of responsibility principle,violation of various human rights,double punishment and so on.Moreover,the crime prevention effect of this legislative model is not clear enough,or even ineffective.Correct criminal legislation should be the legislation that thoroughly carries out the concept of constitution,is faithful to the guarantee of freedom and human rights of the principle of the country ruled by law,implements objective and scientific research and analysis,and conforms to the principle of adapting crime to punishment.Only such a criminal law can effectively prevent the occurrence and offending of crimes,not only protect the rights and interests of victims,but also protect the legitimate rights and interests of criminals.Compared with the correct criminal legislation mode mentioned above,the legislation of heavy punishment which only focuses on the protection of social legal interests can be said to be the typical of terrorism criminal law.It relies on the symbolic effect of punishment.Although it is in the name of protecting legal interests,it actually infringes on legal interests.In the long run,this will have the side effect of increasing crime.This kind of legislation mode not only cannot guarantee the security of the society,but also cannot alleviate the public’s uneasiness and fear of crime,on the contrary,it will make the uneasiness and fear more magnified.Therefore,this paper will focus on the criminal legislation trend of sexual violence in South Korea in recent years,make a macro discussion,and summarize the serious punishment,politicization,public opinion,violation of human rights and other problems in the criminal legislation of sexual violence in South Korea,and give an objective evaluation and review.Finally,it summarizes the shortcomings of the legislation model of sex crimes in South Korea and the reference it can make to China.The framework of this article includes five parts: The first part is an overview of the criminal legislation of sexual crimes in South Korea.This part mainly expounds the concept of South Korea’s sex crimes,and sexual crime of criminal legislation on the south,"Special Law on Punishment for Sexual Violence","Law on Sexual Protection of Children and Adolescent","Law on the Wear of Location Tracking Devices for Specially Violent Offenders",and "Law on Drug Treatment of Sexual Impulse for Offenders of Sexual Violence" are simply listed.,and content of each relevant law made a brief overview.Then briefly introduce the specific charges of sex crimes in South Korea.The second part elaborates the legislation status of sexual crimes in South Korea.Through a series of research and investigation on the legal penalty stipulated in the Korean penal code,the legal penalty stipulated in the special law,the system of disclosure of personal information in the security punishment,the system of electronic surveillance,the system of chemical castration and so on,this paper puts forward the suspicion that the criminal legislation of sexual crimes in South Korea has the tendency of heavy punishment.The third part,by exploring the media public opinion,political election,the principle of responsibility,preventive effect,human rights protection,double punishment and the relationship between heavy punishment,to find out its problems,and then put forward objective evaluation and inspection of this problem.Finally in the conclusion summarizes the South Korean sex crime criminal legislation to our country to make the reference significance.With the increasing number of sexual violence cases in China,China will also face more severe tests,and the heavy punishment legislation model of South Korea can be used for reference in China’s criminal legislation,so as to avoid making the same mistakes as South Korea.