온라인 성폭력 범죄의 변화에 따른 처벌 및 규제 방안

국문요약 ······························································1

❘제1장❘서 론∙ 장다혜･김수아 ············································19
제1절 연구의 배경 및 필요성 ··············································21
제2절 연구의 목적 및 내용 ····································· ··········25
제3절 연구방법 ························································26
1. 비교법 연구 ·························································26
2. 온라인 성폭력 사례조사 ···············································26
3. 인터뷰 ······························································38
제4절 본 보고서의 구성 ······················································41

❘제2장❘온라인 성폭력 개념 및 유형∙ 장다혜･김수아 ········43
제1절 온라인 성폭력 관련 기존 개념 및 유형 ··········································45
1. 사이버 성폭력 ······································································46
2. 온라인 성폭력/성희롱 ································································47
3. 디지털 성폭력/성범죄 ·································································49
4. 기술매개 성폭력/기술매개 젠더기반폭력 ···················································52
제2절 본 연구에서의 성폭력 개념 및 유형화 ············································53
1. 온라인 공간에서 발생하는 성폭력 개념화의 쟁점과 방향 ·······················54
2. 본 연구에서 온라인 성폭력 유형화 ····························································67

❘제3장❘국내외 온라인 성폭력 범죄 처벌규정 및
규제방식∙ 장다혜･김수아 ·······································73
제1절 국내 온라인 성폭력 관련 처벌 및 규제방식 ····································76
1. 현행 온라인 성폭력 범죄 관련 처벌 법률 및 판례 검토 ·························76
2. 온라인 공간에서의 온라인 성폭력 규제방식 ·············································93
제2절 해외의 온라인 성폭력 관련 법적 규제의 변화 ······························102
1. 영미법체계 국가에서의 온라인 성폭력 범죄 처벌규정의 변화 ··············103
2. 대륙법체계 국가에서의 온라인 성폭력 관련 처벌 규정의 변화 ············133
3. 해외의 온라인 성폭력에 대한 규제 정책 ················································142
제3절 소결 ············································································161

❘제4장❘최근 온라인 성폭력 범죄의 양상과 특성:
게시물 분석∙ 장다혜･김수아 ································167
제1절 온라인 게시판을 통해 본 온라인 성폭력 양상 및 유형 ················169
1. 온라인 성적 괴롭힘 ·································································170
2. 이미지 이용 온라인 성폭력 ···························································177
3. 오프라인 범죄와의 연계: 유포 협박 ························································184
4. 온라인 그루밍 ······································································185
5. 온라인 스토킹 ································································186
6. 공간 이용 음란 행위 사진 유포 ···························································187
제2절 온라인상 이미지 분석을 통해 본 비동의 유포행위의 유형과 양상 ·· 188
1. 비동의 유포 행위로 추정한 근거 ·····························································188
2. 분석 대상의 일반적 특성 ··································································189
3. 비동의 유포된 성적 이미지의 내용상 특성 ·············································192
4, 비동의 유포된 성적 이미지 유포방식의 특성 ·········································199
5. 동영상 촬영방식에 따라 살펴본 비동의 유포행위의 특성 ·····················202
제3절 소결 ·············································································212
1. 온라인 성적 괴롭힘의 양상과 특성 ··························································212
2. 이미지를 이용한 온라인 성폭력의 양상과 특성 ······································213

❘제5장❘온라인 성폭력 피해경험과 처벌의 실태:
인터뷰 및 상담일지 분석∙ 장다혜･김수아 ···········223
제1절 온라인 성폭력 유형별 특성 및 피해경험: 인터뷰 분석 ·················225
1. 온라인 성적 괴롭힘의 특성 ···································································225
2. 은닉 촬영 ················································································238
3. 온라인 그루밍 ···········································································241
4. 온라인 스토킹 ···············································································244
5. 소결 ·························································································245
제2절 이미지 이용 온라인 성폭력의 특성 및 피해경험: 상담일지 분석 ··· 249
1. 피해상담 사례의 일반적 특성 ···································································249
2. 이미지의 특성 ···················································································255
3. 이미지 취득 및 촬영 방식 ········································································260
4. 유포방식의 특성 ·············································································268
5. 피해 사실 인지 경로 ·················································································272
6. 다른 범죄행위와의 연계 특성 ···································································274
7. 유포 우려 상담 사례의 특징 ·····································································279
8. 소결: 상담일지 분석결과를 통해 본 이미지 이용 온라인
성폭력의 특성 ···············································································283
제3절 온라인 성폭력 대응 경험의 특성: 상담일지 및 인터뷰 분석 ········293
1. 온라인 성폭력 피해의 사법처리 경험 ······················································293
2. 온라인 성폭력 처벌과 피해구제 과정에서의 한계 ··································302
3. 소결 ···········································································318
제4절 최근 수사 및 규제의 변화와 한계 ·················································321
1. 최근 수사 및 규제의 변화와 한계 ···························································321
2. 온라인 성폭력의 침해적 속성과 처벌규정의 괴리 ··································330
3. 소결 ··············································································346

❘제6장❘온라인 성폭력 변화에 따른 처벌 및
규제 개선방안∙ 장다혜･김수아 ·····························349
제1절 최근 온라인 성폭력의 변화양상과 특성: 조사결과 요약 및 분석 ·· 351
1. 최근 온라인 성폭력의 변화와 특성 ··························································351
2. 온라인 성폭력에 대한 사법처리 과정에서의 한계 ··································361
3. 기술 발전에 따른 온라인 성폭력의 변형 ················································368
제2절 온라인 성폭력 처벌 및 규제의 개선방향 ·······································370
1. 젠더폭력의 구조적 속성을 고려한 온라인 성폭력 처벌체계의 재설정 필요··· 370
2. 처벌법제 개선의 방향 ·································································375
3. 행정 규제 및 규제 정책의 개선방안 ························································388
4. 온라인 서비스 제공자 등의 자율규제 방향 ·············································391

참고문헌 ··········································································395
Abstract ·········································································411
부록 ················································································415
[부록1] 온라인 성폭력 실태 조사표 [상담일지] ···································417
[부록2] 온라인 성폭력 실태 조사표 [모니터링] ···································429
[부록3] 온라인 성폭력 관련 제20대 국회 입법안 ·······························435