ScholarWorks@숙명여자대학교

초록

This study aims to analyze how the concept of ‘gaslighting’ is actually interpreted and applied in recent criminal court decisions, and to examine the necessity of reestablishing it as the more precise concept of ‘psychological manipulation’ within the criminal law context by applying the definition commonly established in the field of psychology. Analysis of 93 court decisions mentioning ‘gaslighting’ from 2021 to 2024 revealed that gaslighting is not merely emotional abuse, but rather a long-term relational manipulation that systematically weakens victims' perception, judgment, and decision-making abilities, which courts also recognized as an important context for crimes. Furthermore, cases were identified in which victims whose psychology had been manipulated through gaslighting distorted their self-determination to accept crimes or were instrumentalized as tools to commit crimes against third parties. While the proportion of cases mentioning gaslighting in crimes where victims' psychology and self-determination are central has increased, the recognition rate of gaslighting in court decisions has actually decreased, and the concept of gaslighting has not been clearly established. Additionally, conceptual confusion exists with similar concepts such as ‘brainwashing’ and ‘psychological oppression’ being used interchangeably without distinction. Accordingly, this study proposes criminal policy recommendations including: legal introduction of the ‘psychological manipulation’ concept, establishment of standardized criteria to evaluate the intensity, repetitiveness, and relational influence of manipulation, procedural mandation of expert psychologist participation, and development of constituent requirement standards referencing foreign legislative examples. This study holds significance in reconstructing gaslighting from legal and psychological perspectives and providing a foundation for the criminal law regulation of psychological manipulation.

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