대학 성폭력의 법적 책임 제 유형 및 상호관계 - 교원-학생 간의 대학 성폭력을 중심으로 -

Abstract

This paper deals with the types of legal liability for campus sexual assault of teachers and their relationship. First, we look at how the rules on campus sexual assault define sexual violence. The majority of the rules on campus sexual assault define the types of sexual assault divided into sexual violence crimes and sexual harassment. This is a reflection of the legislative attitude of the current law.<BR> The types of legal liabilities of teachers who commit sexual assault will then be largely divided into disciplinary, criminal and civil liabilities to examine each of the main contents. Among these legal liabilities, the relationship between disciplinary liabilities and criminal liabilities, which has been subject to much controversy, is reviewed, especially from the perspective of double jeopardy. The principle of double jeopardy means that the same crime cannot be criminally punished the same crime. Even if both criminal punishment and discipline are imposed on a same act, it does not constitute double punishment. This is because discipline and criminal punishment are each recognized as different in terms of purpose and content.<BR> However, the confusion of procedural and substantive perceptions about the relationship between discipline and criminal punishment remains in reality. In other words, there is still a gap between legal principles and legal perceptions of the public. The situation should be resolved little by little through mutual coordination while maintaining the independence of disciplinary and criminal liability. It is inappropriate to approach disciplinary action based on criminal liability even though criminal liability is not an issue regarding sexual assault of teachers. However, if criminal liability is a problem, it would be desirable to proceed with disciplinary action after the investigation or the first trial. At the same time, it is necessary to place a regulation on suspending disciplinary proceedings in the rules on campus sexual assault. However, it should be remembered that the denial of criminal liability does not mean that it is impossible to impose disciplinary action against sexual assault.