• Journal of forensic and investigative science
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• v.1 no.1
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• pp.31-44
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• 2006

The importance regarding the notion of immediate medical treatment and nursing for the victims of sexual crimes is not widely recognized yet in Korea. Throughout this research is focused on the nursing systems and the system of foreign countries in reference to sexual crime victims, and the conclusion is as follows. In Korea, there are currently no educational or medical institutes for the medical handling for the victims of sexual crimes, and the role of nurses in the medical institutes is insufficient. In addition, the basis for the standard of operation regarding the initial response, evidence collection, pursuit of systematical evidence and data is not established even in the sexual assault counseling/advocacy center. Therefore, it is necessary to foster the sexual assault nurse examiner for the sexual crime victims, and to develop adequate training programs based on the present situation in Korea. Though the cooperation among government, medical institutes, and social movement groups, it is essential to initiate effective and publicly-trusted specialized training programs for forensic nurses who will be fully charged with the treatment of sexual crime victims. By introducing the sexual assault nurse examiner system, it can be possible to develop advanced treatment for the child or adolescent victims of sex crimes.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.207-229
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• 2019

It is a general recognition that more serious criminal acts in a certain area of society should be given more serious condemation than the same general crimnal act. In particular, considering the purpose of the medical treatment and the trust relationship between the doctor and the patient, the sexual violence by doctor in medical field can not be placed on the same line as that of the general public. But the special legislation to solve this through criminal legal sanctions is not desirable. The basic principle of criminal law ist ultima ratio, so the principle of supplementality. It means to try to solve by all possible means and finally to enter with punishment. A flat and hasty Reaction without the considering of the speciality of medical treatment will cause serious cracking in that area. In addition, it will not be able to expect desirable results in legal practice by breaking down the legal system. Rather, administrative regulation is more efficient than punishment sanctions. But the best way is autonomous control by members of the medical area. Penalties in criminal law must make an enterance at the last, and administrative regulation should be timely intervene in specific situations through diversification. In conclusion, state interventions should be farthest in order to proceed to autonomous control of medical area.