지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Korean jurisprudence has not admitted marital rape punishable conduct. And conservative theories also have denied coerced intercourse between husband and wife as crime. The reasons which jurisprudence and theories take these conclusions are that marital rape is the thing in home and punishment is no effect in solving this problem.
But coerced intercourse with serious violence by husband must be punished. Serious battery and threat could not provide any exemption even if the intercourse is done between husband and wife. If nation does not intervene these serious criminal conducts, men rape his wife easy and easy.
In recent times some local jurisprudence starts to consider rape could be admitted between husband and wife. If husband has sexual relation with violence and threat, they are not married couple in material means. And some judges think it could be easier for husband to rape his wife. Because husband can violent and threat his wife easier in secretly. In circumstances of continuous rape, wife abandons to resist his husband. These rapes without marital relationships must be punished with criminal sanctions.
On the other hand some people persist we have to legislate concrete provisions on punishment of marital rape. This legislation leads jurisprudence to admit marital rape and restraint rape between husband and wife. But I think we need not establish new act or provision punishing marital rape, because present criminal act contains marital rape as crime. So through explanation of present criminal act, the rape by husband could be punished. However considering special points of home, besides criminal sanctions various effective sanctions and countermeasures must be taken.
In cases of other countries they admit marital rape as severe crime. U.S.A, Japan, France, Germany all consider rape between husband and wife severe crime. One time they also think rape between husband and wife could not come into being crime. But they started to admit marital rape as crime from when they watch material relation in materially. So we can admit marital rape as severe crime when we watch the relation of husband and wife not formally but materially.
But it is not right for us to admit trivial attack and sexual relation as marital rape. Because in relationship between husband and wife, it can be occurred trivial violence and threat. After small violence and threat, they can have unhappy sexual relations. Of course these violence and threat and sexual relations are not good, but in this standard we can not admit these behaviors crimes. So to admit marital rape, threats and violences between husband and wife are severe and heavy. If husban threat his wife with knife or beat his wife many times and have coerced sexual relation, we can admit marital rape as crimes.
To solve this problems, it is most important that jurisprudence is changed. In concrete cases, judges must arrange marital rape or not. In case of trivial threat and violence, it should not be admitted marital rape. And in case of severe threat and violence, it should be admitted marital rape. The change of jurisprudence is most important.
But coerced intercourse with serious violence by husband must be punished. Serious battery and threat could not provide any exemption even if the intercourse is done between husband and wife. If nation does not intervene these serious criminal conducts, men rape his wife easy and easy.
In recent times some local jurisprudence starts to consider rape could be admitted between husband and wife. If husband has sexual relation with violence and threat, they are not married couple in material means. And some judges think it could be easier for husband to rape his wife. Because husband can violent and threat his wife easier in secretly. In circumstances of continuous rape, wife abandons to resist his husband. These rapes without marital relationships must be punished with criminal sanctions.
On the other hand some people persist we have to legislate concrete provisions on punishment of marital rape. This legislation leads jurisprudence to admit marital rape and restraint rape between husband and wife. But I think we need not establish new act or provision punishing marital rape, because present criminal act contains marital rape as crime. So through explanation of present criminal act, the rape by husband could be punished. However considering special points of home, besides criminal sanctions various effective sanctions and countermeasures must be taken.
In cases of other countries they admit marital rape as severe crime. U.S.A, Japan, France, Germany all consider rape between husband and wife severe crime. One time they also think rape between husband and wife could not come into being crime. But they started to admit marital rape as crime from when they watch material relation in materially. So we can admit marital rape as severe crime when we watch the relation of husband and wife not formally but materially.
But it is not right for us to admit trivial attack and sexual relation as marital rape. Because in relationship between husband and wife, it can be occurred trivial violence and threat. After small violence and threat, they can have unhappy sexual relations. Of course these violence and threat and sexual relations are not good, but in this standard we can not admit these behaviors crimes. So to admit marital rape, threats and violences between husband and wife are severe and heavy. If husban threat his wife with knife or beat his wife many times and have coerced sexual relation, we can admit marital rape as crimes.
To solve this problems, it is most important that jurisprudence is changed. In concrete cases, judges must arrange marital rape or not. In case of trivial threat and violence, it should not be admitted marital rape. And in case of severe threat and violence, it should be admitted marital rape. The change of jurisprudence is most important.
목차
Ⅰ. 서론
Ⅱ. 학설
Ⅲ. 판례
Ⅳ. 입법론－부부강간죄 도입－
V. 결론
참고문헌
Abstract
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UCI(KEPA) : I410-ECN-0101-2013-360-000498631