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A Study on the Limitations and Improvement of the Nth Room incident Prevention Act for the Eradication of Digital Sex Crimes
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디지털 성범죄 근절을 위한 N번방 방지법의 한계점 및 개선방향에 관한 연구

논문 기본 정보

Type
Academic journal
Author
Lee, Joon Bok (서경대학교)
Journal
경찰대학 경찰학연구편집위원회 The Journal of Police Science Vol.22 No.1(Wn.69) KCI Accredited Journals
Published
2022.3
Pages
159 - 186 (28page)

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A Study on the Limitations and Improvement of the Nth Room incident Prevention Act for the Eradication of Digital Sex Crimes
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Abstract· Keywords

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In the wake of the last Telegram illegal sexual exploitation video incident (Nth room incident), legislative improvements have been devised to prevent a fundamental recurrence. As a result, the Amended Act On The Protection Of Children And Youth Against Sex Offenses has been in effect since September 2021. Of course, related incidents still occur one after another, but it can be evaluated that the limitation that was excluded from the application has been overcome because there is no domestic business like Telegram.
However, since the enactment of the Act, it is rather controversial in several aspects. These are whether the freedom of expression stipulated in the Constitution is violated, whether it falls under prior censorship, whether the freedom of business conduct of telecommunication service providers is violated, and the permissible scope of entrapment investigations.
Therefore, although it may not be possible to cover all laws and regulations in this study, the main issues of the Telecommunications Business Act and the Youth Sexual Protection Act were analyzed in detail to meet the goal of eradicating digital sex crimes by solving them.

Contents

국문요약
Ⅰ. 들어가며
Ⅱ. 디지털 성범죄와 N번방 방지법의 개관
Ⅲ. 해외 주요국의 입법례 현황과 시사점
Ⅳ. N번방 방지법의 위헌성 여부 및 개선방향
Ⅴ. 결론을 대신하여: N번방 방지법의 개선을 위한 제언
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