아동기 성폭력 피해의 비폭로 요인 - 폭로하지 않은 채 성인이 된 여성들을 중심으로 - < 한국피해자학회 < KISS

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한국피해자학회> 피해자학연구> 아동기 성폭력 피해의 비폭로 요인 - 폭로하지 않은 채 성인이 된 여성들을 중심으로 -

KCI등재

아동기 성폭력 피해의 비폭로 요인 - 폭로하지 않은 채 성인이 된 여성들을 중심으로 -

The factors influencing children to non-disclosure of sexual violence: Focusing on the experiences of women who non-disclosing child sexual abuse

정로사 ( Jung Ro-ssa ) , 김태경 ( Kim Tae-kyoung )
  • : 한국피해자학회
  • : 피해자학연구 25권1호
  • : 연속간행물
  • : 2017년 04월
  • : 121-151(31pages)

DOI


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초록 보기


						
This study aims to investigate the factors influencing children to non-disclosure of sexual Abuse. The participations in this study are 4 women who had experienced child sexual abuse under the age of 13 but could not disclose their CSA to someone. The participants received in-depth interview individually. The interview datum including verbatim and behavior observation were analysed through qualitative research technique. The results indicated that 7 core factors were influencing non-discloure of CSA. There were included family dysfunction, self-attribution, cognitive distortion about sex, emotional distress, memory suppress, attachment to the perpetrator, and the developmental limitations of cognition. Their disclosure was suppressed when they could not anticipate positive result, especially when their families are dysfunctional and their protectors are abusive or non-supportive. The children of dysfunctional family developed fear that their exposure might bring down their families or distress their parents. As sexual abuse repeated, the children adapted themselves to the incidents and reinforced to punish and stigmatized themselves as filthy and sexually immoral and finally attributed themselves that everything caused because of them. Sexually abused children acquired distorted sexual cognition in process of incidents. The distorted sexual cognition that wrongly formed through the incidents suppressed the disclosure of SA. Emotional distresses resulting from the incidents also led to psychological resistance against recalling the incident consciously, and carried it over to a memory suppress and disclosure of SA. Besides, some children formed an attachment to the perpetrator for their psychological survival. The developmental limitations of cognition led to misinterpretation of SA, and could not know how to speak.

UCI(KEPA)

I410-ECN-0102-2018-300-000365851

간행물정보

  • : 사회과학분야  > 법학
  • : KCI 등재
  • : -
  • : 연3회
  • : 1229-2923
  • :
  • : 학술지
  • : 연속간행물
  • : 1992-2019
  • : 576


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발행기관 최신논문
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1개인정보보호를 위한 잊혀질 권리와 표현의 자유의 조화방안

저자 : 이희경 ( Lee Hee Kyung )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 1호 발행 연도 : 2017 페이지 : pp. 5-28 (24 pages)

다운로드

(기관인증 필요)

초록보기

In the modern age people communicate in real time with others from around the globe through social networking services. The digitized information is easily searchable, can be endlessly copied, spread swiftly and widely, and stored indefinitely at low cost. Therefore information uploaded to the internet is propagated quickly and widely and stored long-term, meaning it may be known to the world even after much time has elapsed by someone who is skilled at searching. The debate on adopting the right to be forgotten concerns providing a legal basis for those who wish to delete their personal information left online. 
   The information subject`s right to be forgotten, however, comes into conflict with third parties` freedom of expression. The right to be forgotten and the freedom of expression are both relative rights, with neither one unilaterally ascendant in cases of conflict but rather to be harmonized and balanced against each other based on the specific facts of each case. The European Court of Justice and Japan`s Tokyo High Court also reviewed the conflicts between information subjects` right to be forgotten and third parties` freedom of expression on a case-by- case basis. The considerations include the degree to which the disclosed personal information implicates privacy concerns, the public interest in the information, the social good to be gained from disclosure, and the harm to the information subject due to disclosure. 
   This article, taking into account such standards, distinguished between the right to be forgotten concerning information that the information subject uploaded to the internet of their own volition on the one hand, and information about the information subject that a third party uploaded to the internet by a third party onthe other, which implicate freedom of expression to different degrees. Different legal provisions should apply to these two categories of cases in vindicating the right to be forgotten. In the case of information that the information subject uploaded to the internet, the information subject`s right to be forgotten should supersede others` freedom of expression. On this subject, however, there is only a guideline from the Korea Communications Commission and no legal provision. It is therefore recommended that a new provision be added as Article 44-2(3) of the Information and Communication Networks Act. When a third party uploads an information subject`s information to the internet, there is a conflict between the right to be forgotten of the information subject who wishes this information to be deleted and the freedom of information of the third party who wishes to disclose the information. In order to balance and harmonize these rights, the article suggests that Article 44-2(1) and (2) of the Information and Communication Networks Act be utilized. In order to effectively secure performance by information network service providers, Article 76(2)5 should be added to the same Act as “A person who failed to take deletion or provisional measures in violation of Article 44-2(2) or (3),” subject to an administrative fine of up to 20,000,000 won. According to these provisions, an information subject of information uploaded to the internet by a third party, if the information constitutes a privacy violation or libel, may request an information and communication service provider to delete the information or delete it from search results under Article 44-2(1) of the Information and Communication Networks Act so that others may no longer search and discover personal information about the information subject.

2고소권 제한원리로서 권리남용금지원칙의 도입에 관한 연구 - 헌법상 기본권 충돌과 제한의 관점에서 -

저자 : 김혜경 ( Kim Hye-kyung )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 1호 발행 연도 : 2017 페이지 : pp. 29-69 (41 pages)

다운로드

(기관인증 필요)

초록보기

The right of complaint has meaning as aggressive right to participate the criminal procedure through which criminal victim can receive legal compensation. But sometimes overuse or misuse of right gives rise to obstruction of real exercise of other`s that right. The concept of abuse of rights refers to situations in which a right is formally exercised in conformity with the conditions laid down in the rule granting the right, but where the legal outcome is against the objective of that rule. Moreover that results in interruption of criminal system simultaneously. Altough overuse of the right of complaint has negative effect, this rght, especially the right based on constitution could restrict just only to coincide with constitutional limit as well as to legislate special law. So in this research pursues two methods; the one is to consider that from a different point of view as collision of fundamental rights and the other is to borrow or adopt The General Principle of the Prohibition of Abuse of Rights(Grundsatz des Verbots des Rechtsmissbrauchs) in private law area. The principle of prohibition of abuse of rights aims to correct the application of a rule of law on the basis of standards such as good faith, fairness, and justice if, despite formal observance of the conditions of the rule, the objective of that rule has not been achieved. And limit of abuse of right should have legal conditions as the subjective and objective requirement so that legal restriction need to be accepted legitimately and should be abidden by proportionality. So through thses levels must go throw four judgement, the concept of prohobotion of right abuse and it`s control can be obtained legal approval. And that means: lack of formal requirement and substancial requirement are condition that it can not be accepted for exercis-ing rights in any cases. And then if formal requirement and substancial requirement were fulfilled, next step is inspection for the subjective and objective requirements that include malice and public order and good morals. Most of all for prevention of misuse or overuse of right, It should be followed to enact or revise the related acts including the Criminal Procedure Law. The sentence of law might signify that `The right of complaint should not be abused`. These general principle or article can play important role in narrow the gap between real world and normative area.

3범죄피해자지원가의 전문성과 역량강화에 관한 연구

저자 : 김소라 ( Kim So-rah )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 1호 발행 연도 : 2017 페이지 : pp. 71-96 (26 pages)

다운로드

(기관인증 필요)

초록보기

Recently, the protection system for victims in Korea has become an active and substantial victim support system emphasizing the criminal justice system as human beings and the rights of crime victims, centering on perpetrators among them changed. Such a trend is gradually expanding the area of victim assistance activities and victim assistance by public authorities to private organizations and demands a diversified and systematic victim support project. The part that can be considered the most important in support activities of crime victims is the expertise and ability of support. At present, In Korea understanding the basis of crime victim, recognizing the importance of overall victim assistance related to the legal system of criminal justice, crime victims who can respond appropriately to the various needs of victims. It is a fact that experts and institutions that can be seen as assistance has not been systematically activated yet. In order to help understanding of criminal victim assistance experts, consideration of the significance and concept of crime victim support and the major foreign countries that have been introduced and developed before us, I explained the current situation and activities of experts in domestic crime victim support. And as expert knowledge of criminal victim assist experts and recommendations for strengthening capacity development, support staff discovery and construction of educational system, network construction for support, introduction of qualification certification system, victim support. We establishing a stable foundation.

4법의간호사의 의견서가 아동·청소년성범죄의 기소처분 결과에 미치는 영향

저자 : 최보은 ( Choi Bo-eun ) , 홍해숙 ( Hong Hae-sook )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 1호 발행 연도 : 2017 페이지 : pp. 97-120 (24 pages)

다운로드

(기관인증 필요)

초록보기

This study attempted to confirm the effect of the forensic medical reports by forensic nurses on the outcome of prosecution of child and adolescent sexual crime. The subjects of this study were 241 cases of sexual assault victims under the age 19 who visited Child and Adolescent Sexual Assault Response Center in D city from 2006 to 2015; limited cases where assailants are adult. The collected data were analyzed using SPSS WIN 21.0 program. According to the results of the analysis, the prosecution disposition increased 2.250 times when the forensic medical report by forensic nurse was submitted in child and adolescent sexual crime(95% CI: 1.080-4.687). The purpose of this study is to prove the effectiveness of the forensic nurse as a specialist in sexual assault an to contribute to the legal and institutional policy for the intervention of forensic nurse in law in the criminal procedure of child and adolescent sexual crime.

5아동기 성폭력 피해의 비폭로 요인 - 폭로하지 않은 채 성인이 된 여성들을 중심으로 -

저자 : 정로사 ( Jung Ro-ssa ) , 김태경 ( Kim Tae-kyoung )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 1호 발행 연도 : 2017 페이지 : pp. 121-151 (31 pages)

다운로드

(기관인증 필요)

초록보기

This study aims to investigate the factors influencing children to non-disclosure of sexual Abuse. The participations in this study are 4 women who had experienced child sexual abuse under the age of 13 but could not disclose their CSA to someone. The participants received in-depth interview individually. The interview datum including verbatim and behavior observation were analysed through qualitative research technique. The results indicated that 7 core factors were influencing non-discloure of CSA. There were included family dysfunction, self-attribution, cognitive distortion about sex, emotional distress, memory suppress, attachment to the perpetrator, and the developmental limitations of cognition. Their disclosure was suppressed when they could not anticipate positive result, especially when their families are dysfunctional and their protectors are abusive or non-supportive. The children of dysfunctional family developed fear that their exposure might bring down their families or distress their parents. As sexual abuse repeated, the children adapted themselves to the incidents and reinforced to punish and stigmatized themselves as filthy and sexually immoral and finally attributed themselves that everything caused because of them. Sexually abused children acquired distorted sexual cognition in process of incidents. The distorted sexual cognition that wrongly formed through the incidents suppressed the disclosure of SA. Emotional distresses resulting from the incidents also led to psychological resistance against recalling the incident consciously, and carried it over to a memory suppress and disclosure of SA. Besides, some children formed an attachment to the perpetrator for their psychological survival. The developmental limitations of cognition led to misinterpretation of SA, and could not know how to speak.

6청소년기 첫 폭행가해경험이 이후의 범죄피해에 미치는 영향: 성향점수매칭을 활용한 집단비교

저자 : 김지훈 ( Kim Ji-hoon ) , 이명우 ( Lee Myung-woo ) , 박한호 ( Park Han-ho )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 25권 1호 발행 연도 : 2017 페이지 : pp. 153-173 (21 pages)

다운로드

(기관인증 필요)

초록보기

Though there have been many studies that have identified the relationship between victimization and criminal behavior, the findings of these studies have been limited to the shared characteristics of victims and their offenders, ignoring the directional relationship between offending and subsequent victimization. The current study attempts to identify the direct effect of the onset of violence on victimization, as it takes into consideration the characteristics of victims and their offenders. Using a method of propensity score matching, the current study selected two groups of juveniles who exhibited the same propensity towards violence prior to its onset, comparing those that eventually committed violence and those that did not. The results of the study indicate that there is a direct effect of violence on the onset of future victimization, even when controlling for the shared characteristics of more than fifteen related factors.

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