性犯罪者 신상정보 공개제도의문제점과 개선방안 (The Problems and Alternatives of Sex Offender's Notification System)

서지정보

· 발행기관 : 강원대학교 비교법학연구소
· 수록지 정보 : 강원법학 / 33권 / 361 ~ 405페이지
· 저자명 : 이경재

초록

The Sex Offender's Notification System has been introduced in the Protection of Children and Youth's Sex Act(PCYSA) since 2000 and revised several times from a general notification to a registration and notice by the court. The very reason for the revision is the inefficiency of the system, in that the methode of old general notification of sex offender's information to the public was only a name and obscure address, not including a photo or detailed address. So there seemed no efficiency.
Therefore the Act has been revised to introduce a registration and notice system by the court adding to a notification methode now for heightening the efficiency of the Act.
In addition to the PCYSA, a new Act, the Special Act for Sexual Violent Offenders(SASVO), introduced the notification and notice system too. So now the notification system is enforced two ways. The managing Ministry of PCYSA is the Ministry of Women and Family and that of SASVO is the Ministry of Justice.
Even though the notification system has been reinforced for the “protection of community” and “safety of society”, it is said that there are some problems. Firstly, it is needed that PCYSA and SASVO are integrated into one Act. Secondly, to notify and notice only sex offenders is against the equity of law: arson or robbery is also dangerous and recidivous. And the human right or grace of the family of sex offender should be protected. Thirdly, the most important thing is that the notification or notice system alone is not enough to protect community or society: on the contrary, the public feel more insecure or anxious. Therefore police patrol or security system must be added to the notification or notice of information of sex offenders. Finally, we must be cautious of Penal Populism. To make a good and effective law, lawyer and specialist's opinion should be reflected in the legislation.

영어초록

The Sex Offender's Notification System has been introduced in the Protection of Children and Youth's Sex Act(PCYSA) since 2000 and revised several times from a general notification to a registration and notice by the court. The very reason for the revision is the inefficiency of the system, in that the methode of old general notification of sex offender's information to the public was only a name and obscure address, not including a photo or detailed address. So there seemed no efficiency.
Therefore the Act has been revised to introduce a registration and notice system by the court adding to a notification methode now for heightening the efficiency of the Act.
In addition to the PCYSA, a new Act, the Special Act for Sexual Violent Offenders(SASVO), introduced the notification and notice system too. So now the notification system is enforced two ways. The managing Ministry of PCYSA is the Ministry of Women and Family and that of SASVO is the Ministry of Justice.
Even though the notification system has been reinforced for the “protection of community” and “safety of society”, it is said that there are some problems. Firstly, it is needed that PCYSA and SASVO are integrated into one Act. Secondly, to notify and notice only sex offenders is against the equity of law: arson or robbery is also dangerous and recidivous. And the human right or grace of the family of sex offender should be protected. Thirdly, the most important thing is that the notification or notice system alone is not enough to protect community or society: on the contrary, the public feel more insecure or anxious. Therefore police patrol or security system must be added to the notification or notice of information of sex offenders. Finally, we must be cautious of Penal Populism. To make a good and effective law, lawyer and specialist's opinion should be reflected in the legislation.

참고자료

· 없음