성범죄 관련 사건에서 성인지 감수성의 재판에서의 변화양상 -판례분석을 중심으로-

초록

Although the term gender sensitivity is actively used in the judgment of sex crime cases, a clear definition and standard for gender sensitivity has not been established, causing a lot of confusion in the criminal justice field. In the absence of clear definitions and standards for gender sensitivity, there is a positive position that gender sensitivity is accepted as an important issue in sex crime cases and the case is judged by taking the victim's position into consideration, while the existing criminal procedure law principles There are also critics who are concerned about legal problems, saying that it undermines the principles of presumption of innocence, free deliberation, and evidentiary trial. Therefore, in this study, after gender sensitivity was accepted in the field of criminal justice, we examined whether the legal problems that undermine existing legal principles are valid in conjunction with legal appraisal in modern society. As a result, it was found that the concern that the acceptance of gender sensitivity is a problem in existing legal principles arises from the process of legal change that reflects the legal feelings of our people to create a more fair society. This study sought to contribute to the fact that the legal issues arising from the acceptance of gender sensitivity in the field of criminal justice are not a problem, but a legal change to realize gender equality.

키워드