전자장치 부착제도의 효과성에 대한 재검토 - 부착여부와 부착기간을 중심으로 -

Abstract

The purpose of this article is re-examining the effectiveness in two dimensions – attachment by itself and its duration, and suggests the implications in the perspective of criminal policy and legislation. For this, previous positive researches restricting on other variables and statistics of the ministry of Justice are used. This article tries to answer to the controversy on the effectiveness of the attachment of electronic device for position tracking between ministry of Justice and some researches. The result of re-examining are two. First, this article argues the effectiveness of the attachment to the electronic device can be confirmed, but the dramatic effectiveness is difficult to be confirmed. Previous positive researches that restricted other variables show that the correlation between the attachment to electronic device and the recidivism is statistically significant. And dramatic recidivism reduction of one eighth lacks the internal validity due to different risk time and duration. Second, this article discovered that the effectiveness is the highest in less than 1 year and the lowest in more than 5 years and less than 10 years, depending on attachment duration. The recidivism of the attached to electronic device more than 1 year and less than 5 years is relatively low. These re-examining induces two-dimension implications. One implication is, on the dimension of criminal policy, that the effectiveness of the attachment to electronic device is the most in short-time duration as a tool of short-time shock treatment. So, recent punitive criminal policy trend is not valid in the perspective of effectiveness. This is connected to the implication of effectiveness of home confinement as an alternative to imprisonment of misdemeanors. The other implication is, on the dimension of legislation, that the upper limit of the attachment is less that 5 years, and the lower limit statute is deleted. Also, the diversification statutes need to be amended from statutory punishment to the recidivism risk. On the oppositions that these short shock effects are insufficient to reduce recidivism, the statute of enlarging exclusive probation officers from only high-risk child molesters to high-risk specific criminals can be an alternative.