법무연구 3권(2012.3)

406 법무연구 제3권 (2012. 4.) 【Abstract】 The Critical Review of Crimes Concerning Sexual Morals - Focusing on Critical Examination about 'good sexual morality' as the benefit of the law - Park, Chan-keol 69) Crimes concerning sexual morals is prescribes by Korean Criminal Code Chapter 22 from Article 241(Adultery) to Article 245(Public Indecency). These regulations are existent for good sexual morality. Generally the law faithfully reflects the manners and customs of those days, but the law is not exactly the manners and customs. So almost all scholars of criminal law assert discrimination between law and moral. Consequently they demand the abolition of punishment for adultery and prostitution. But it is the court's finding that never stand up majority theory. In my judgement it is doubtful that the judgement could be accorded with the Constitution and it amounts to the court itself violating the Constitution. The purpose of this article is to suggest some guidelines for the reforming of the crimes against sexual morality in the Korean Criminal Law and the several special laws such as The Anti-Prostitution. The substantive criminal law has an obligation to protect the human being's universal value in order to guarantee human dignity. Because a punishment's nature is the infliction of pain, it should be imposed as a last resort when an offense violates important 'the benefit and protection of the law' and that the community could not tolerate it. Crimes concerning sexual morals is violation that is either moral or ethical. The punishment for prostitution and adultery violates nature of self-government between private persons. Above all, all of people have the liberty of choice or the right of choice that is drawn from the core of human dignity in one's own sexual 69) Full-time lecturer, Department of Police Administration, Catholic University in Daegu, Ph.D. in law.