섹스돌(Sex Doll)과 행복추구권

Abstract

Sex is a part of human life, a reflection of human conditions, and is also a process of completion as a human. Sex is also a mode of existence of men and women's mental and physical lives. It includes not only biological instincts, but also thoughts and behaviors, emotions and tendencies, and different characteristics between men and women. Since sex is a reflection of human living conditions, various social problems arise accordingly, such as adultery, prostitution, human trafficking, pornography, obscenity, sexual harassment, homosexuality, sex doll, etc., which are countless. In addition, with the development of science and technology such as artificial intelligence and sex robots have emerged, the issues and arguments for and against cyber sex and cyber masturbation have begun. These various legal and ethical issues related to sex regulate certain actions according to the social, historical, and cultural environment of each country. Some countries punish them as crimes, and others allow such actions. One of the most controversial issues in our society is a sex doll. Sex doll is a type of sex toy that mimics the shape of a person, ranging from air-injected cheap sex dolls to thousands dollar-worth of sex dolls that embody the shape of the human body and the touch of a human and are equipped with AI. In our society, the pros and cons of sex dolls and sex robots have already begun. The positive stance insists that sex dolls and sex robots are one of adult products that can help the elderly and the disabled. Meanwhile, the negative stance argues that they violate the personal rights of teenagers including children and women to ensure men's sexual right to self-determination. A complete ban on adult sex dolls is undesirable in that it might cause an infringement of an individual's sexual right to self-determination under the Constitutional Act. In principle, the import and sale of sex dolls is better to be allowed, but it is desirable to ban or limit child sex dolls because they are clearly expected to have a negative impact on our society.