군인 성범죄예방을 위한 보안처분제도의 문제점과 그 개선방안

Abstract

As to the increase of sex crimes, such crimes with the offender under the militarylaw are on the rise. Immediate measures must be taken about this matter. However,such measures do not consider the special circumstances of the military and isalmost similar to normal measures. The legislature on subjects under the militarylaw is as follows. Article 56 which is about probation prescribes that the probationlaw is not applied to people conforming to any of the articles of the first clause ofarticle 2 of the law of military court. The first clause of article 64 acts as a specialclause for subjects under the military law in that when subject to community serviceor attendance center order, article 56 is applied. The special circumstance of the military being a subgroup of society and the difficultyof enforcing probation to those under the military law was taken under account in thelegislative process. As a result, quite a few problems will arise in abolishing the specialregulation and applying the probation law on those under the military law. The first clause of article 28, the probation and attachment order of electronicdevices on special offenders, defines that when the court suspends the execution of a sentence and decides probation to those of specific crimes, electronic devices canbe attached within the period of probation to check on the compliance details. Thefourth clause of article 9 states that when the court decides on suspended sentenceor probation it should dismiss the charge of attachment order by ruling. Because thefirst clause of article 12 states that attachment orders be executed by a probationofficer under a prosecutor’s directions, the court can charge for the attachment orderof electronic devices when it suspends the sentence of a specific crime. It may seemlogically appropriate not to order for the implement of position-tracking electronicdevices under the premise of probation since the special regulation prohibits probationto those subject to article 56. However, there has not been much discussion aboutwhether there is a problem of equity with general sex offenders or of how the specialregulation acts when a military sex offender under probation discharges. This research will first look into the legal, institutional problems of removingposition-tracking devices from soldiers, those who are under probation joining thearmy or those who have committed sex crimes as a soldier and are under probation,sentenced to position-tracking electronic devices. It will secondly look at thetroubles and measures that can be taken in the management of probation on militarysex offenders. Furthermore, there will be a comparison with other country’sprobation for better understanding. Followed by the concept, method, effectiveness,and legitimacy of electronic surveillance therefore displaying how it can beintroduced to Korea. With such general opinions as a premise, the necessity ofprobation on soldiers and the method of how it will be enforced were researched.