The purpose of the Act on The Protection of Children Against Sexual Abuse is to prepare procedures for relieving and assisting victimized children and juveniles, and protecting them against sexual abuse and assisting them to become sound members of society. Any person who commits an offense of indecent act against a child or juvenile shall be punished by imprisonment with labor for a limited term of at least two years or by a fine of at least ten million won, but not more than 30 million won.
From the perspective of children and juveniles, protection of their sexual autonomy should have special meaning. Understanding of self, will, sex, age, and environment of children must be considered when the court make decision on the relevant cases. Sexual violence against children must have devastated effect on their development towards a man or woman who fully enjoys his or her own self determination of sex.
The case reviewed by this essay is on the issue of medical treatment by pediatrist and indecent act against children patients. The court denied victims’ statement on their victimization as a guess or emotional reaction, not real experiences. Investigators and judges should have special understanding on the characteristics of child victim’s statements on his or her experiences. Most of all, the criminal court in sexual violence cases should pay attention not to the consistency of statement by children, but to the special behaviour and mind of their victimization, and further to the social context of sexual violence.

Ⅰ. 대상판결
  1. 사안 개요
  2. 제1심 판결(인천지방법원 2014. 2. 14. 선고 2013고합665 판결)의 요지
  3. 항소심 판결(서울고등법원 2014. 12. 19. 선고 2014노767 판결)의 요지
  4. 대법원 판결(대법원 2016. 12. 29. 선고 2015도624 판결)의 요지
 Ⅱ. 위계에 의한 아동·청소년 추행
  1. 아동·청소년성보호법상 추행죄
  2. 아동·청소년대상 위계 추행죄
 Ⅲ. 아동·청소년의 성적 수치심, 성적 자유와 성적 자기결정권
  1. 아동·청소년 관점의 고려
  2. 성적 자기결정권과 의사결정능력
 Ⅳ. 진료행위와 추행
  1. 진료행위와 성적 수치심 유발행위
  2. 진료범위와 추행여부 판단
  3. 피해자 진술에 대한 판단
 Ⅴ. 성폭력 피해아동 진술의 신빙성
  1. 피해자의 느낌이 객관적이고 정확한 것이라 단정하기 어렵다는 판단
  2. 경찰조사과정과 검찰조사과정을 거치면서 진술이 점점 구체화되고 단정적으로 변화하였다는 판단
  3. 즉시 발각될 수 있는 개방적 환경에서 피해자들이 피해당시 또는 직후 불쾌감을 드러내지 않았다는 판단
 Ⅵ. 법원의 아동·청소년 추행여부 판단에 대한 평가
 [참고문헌]
 [Abstract]

• 김한균(한국형사정책연구원) | Kim Han-Kyun (Korean Institute of Criminology)