재범방지대책에 대한 비판적 검토 -성폭력범죄를 중심으로-

Abstract

In South Korea recently, the government has continuously reinforced its resocialization policies for the offenders of sexual assault crimes. There is no doubt that hard and strict policies can generate general and special prevention effects, but it will be difficult to recognize their legitimacy despite their effects if they violate the principle of no basic rights restrictions. In Korean society, sexual assault crimes have increased both in number and ferocity in spite of more than 20 years of hard and strict policies against them, which raises questions about the effectiveness of those policies and calls for efforts to reconsider them on account of the current situations. This study thus set out to examine problems with and improvement measures of some resocialization policies for the offenders of sexual assault crimes such as electronic monitoring, identity disclosure, treatment of sexual impulse with medication, medical treatment and custody, and DNA identification. Even if those systems are recognized as security measures in terms of legal nature, it should be reminded that security measures should be based on illegal acts and limited to cases of criminal risk. In addition, they should have justification to fulfill the goals of special prevention and social protection, as well as balance and fitness. The current resocialization policies, however, are beyond those limits. Some of them even go so far as to practically be punishment disguised as security measures, meaning that there is a risk of excessive punishment when they are imposed along with some punishments. The study proposed the following improvement measures for those problems:First, the duration of an offender wearing a location tracking electronic device should be reduced to the minimum level. It should be mandatory for an offender wearing a location tracking electronic device to complete a treatment program for sexual assault offenders. Second, the identity disclosure system should be abolished as it has many problems including the possible guilt-by-association effects. Third, one of the essential requirements for medication treatment of sexual impulse should be the offender's consent. Finally, the medical treatment and custody system and the DNA identification system should be improved in a way that they can minimize infringement on basic rights and be put to active use.