혐오범죄의 형사법적 규율에 관한 제언 -미국의 혐오범죄예방법(Hate Crimes Prevention Act) 및 혐오범죄통계법(Hate Crime Statistics Act)을 중심으로 = Legislative Discussion for prevention of Hate Crime -in focus on <Hate Crimes Prevention Act> ＆ <Hate Crime Statistics Act> in USA

다국어 초록 (Multilingual Abstract)

Since in USA have been passed in 1969 <the Hate Crime Prevention Act (HCPA)> and in 1990 <the Hate Crime Statistics Act (HCSA)>, has been collected and reported the data of the Hate Crime. The Hate Crime Statistics Program(HCSP)` of the FBI`s Uniform Crime Reporting(UCR) Program collects data regarding criminal offenses that are motivated, in whole or in part, by the offender`s bias against a race, religion, sexual orientation, ehnicity/national origin. or disability and are committed against persons, property, or society. Because motivation is subjective, it is sometimes difficult to know with certainty whether a crime resulted from the offender`s bias. The presence of bias alone does not necessarily mean that a crime can be considered a Hate Crime. Only when law enforcement investigation reveals sufficient evidence to lead a reasonable and prudent person to conclude that the offender`s actions were motivated, in whole or in part, by his or her bias, should an incident be reported as a hate crime. For the prevention of Hate Crime should be discussion on enactment of new panelties in korea.