청소년 유해성과 관련한 행정판단과 사법판단 - 음란성에 관한 법원의 태도를 중심으로

Administrative Judgment and Judicial Judgment on adolescent harmfulness

&nbsp;&nbsp;Currently, the Youth Protection Act has four organs of consultation by each area to control harmful environment against young people. And, the Youth Protection Act indirectly prescribes that the organ of consultation that can judge harmful environment against young people, in particular, lewdness as well as lasciviousness has consultation right to judge primarily whether an object belongs to lewdness in accordance with the Criminal Law. In other word, each individual organ of consultation is given preliminary judgment right that can judge lewdness legally in accordance with the Criminal Law.<BR>&nbsp;&nbsp;Precedents, however, say that the court may refer to administrative judgment of the organ of consultation and judgment on lewdness is an object of judicial judgment to rely absolutely upon the judge’s free conviction. When the organ of consultation, an admini- strative organ, inspects grades, it may judge not to be lewdness in accordance with the Criminal Law: Therefore, judiciary body may think that an article that reliable person observes grades to distribute can be applied by lewdness crime in accordance with the Criminal Law. In other words, when the one who relies upon administrative organ’s judgment may be a criminal in accordance with the court’s judgment, protection of common people who was convicted before can have problems.<BR>&nbsp;&nbsp;In the paper, to solve the problems, illegality of the Criminal Law cannot be cognized. Finally, systematic device should be made to avoid conflict between administrative judgment and judicial judgment: When the systematic device is not permitted actually, authorized government organization should not admit of responsibility of the one who thinks of no illegality of his own act.