최근 개정된 아동․청소년의 성보호에 관한 법률상 신상공개 및 취업제한 제도의 문제점과 개선방안

Abstract

Recently, Act on the Protection of Children and Juveniles from Sexual Abuse was amended by Act No. 11572, Dec. 18, 2012. In the Act, the system of disclosure of registered information of sex offenders and restriction on employment was also revised in many parts. The purpose of this system is managing systematically sex offenders against children or juveniles, thereby protecting them from sexual abuse and helping them become productive members of society. Wholly amended system by this Act has many problems from the range of releasing information of sex offenders and notification to local residents by internet or by post to the possibility of unconstitution issue about limit on employment. However there are many problems in operating this system, we should not devalue or denigrate the system's work and legislative purpose. Rather, it is necessary to improve the current system for accomplishing the intended goal and solve the problems. In this article, I would like to suppose several solution to managing and settlement of this system. The dual system that the task of registration is performed by Ministry of Gender Equality and Family and the work of disclosure and notification is enforced by Ministry of Justice should be reconsidered. And introducing rating system that means making a difference in releasing the information of sex offenders needs to re-examined. Moreover, it is appropriate to manage the restriction period of employment flexibly and to revise the occupational category to distinguish between sex offenders against children or juveniles and adults.