현행 형법상 강제추행죄의 체계적 지위, 해석 및 적용에 대한 비판적 검토

A critical Study on indecent assault in the amended Criminal Code

The amendments to the Criminal Code in 2012 have brought many changes in the sexual violence crimes. The definition of subject of the crimes has changed from ‘women’ to ‘person’, and a crime requiring a complaint from the victim for prosecution has been abolished. In addition, a new category of ‘similarity rape’ has been established. It was a big change in the sexual violence crime system, but they are also opportunities for indecent assault. As conversion of ‘adultery-indecent’ dichotomy to ‘rape-similarity rape-indecent assault’ trisection, indecent assault came to mean ‘non-insert sexual harassment’ and is currently being asked to essential and comprehensive examination. The purpose of this study is to review the change of systematic status, interpretation, application and limitation of indecent assault, and to check how protection of sexual self-determination has changed in comparison with the former act. and then I try to find ways to improve the protection of the faithful sexual self-determination.