성폭력범죄자의 신상공개제도에 관한 비판적 소고 -‘아동⋅청소년의 성보호에 관한 법률’을 중심으로-

Abstract

Recently, Sex offences against children have occurred in succession all over the country. Many people have raged extremely against the offences like that. Also, The government has tried to severely punish sex offenders against children, because it is its duty to do that. And thus, The act on the protection of children and juveniles from sexual offenders was legislated on February 3, 2000 and enforced from July 1, 2000. Besides the act, the government have enacted a variety of acts with regard to sexual offences. In addition to other measures, the act had the special articles of disclosure of Sexual Offender’s personal information. However, the Act, which was enacted as a special enforcement of Sex Crime Law, was not preceded with a scientific study on the current standing and cause of sexual offence and was not consulted any group of experts in the enactment of the act. For these reasons, the measure of disclosure of sexual offenders’ personal information has became an issue of dispute since its legislation. Controversial debate on that measure is still crucial topic among policy makers, scholars,and many people. Some people criticize that measure will double jeopardy and is unnecessarily invasive due to the side effect. But others argue that it is a necessary condition to reduce and manage the risk of repetition of sexual offences and the side effects can be controlled through supplements. This paper will have a careful look at the realities of sexual offences in Korea and check if the measure is in accordance with a few crucial principles of the constitution. And this paper will also evaluate whether such acts and measures for sexual offences are effective in practice and rightful from a standpoint of constitutionalism and the various principles of constitution.