보안관찰법에 관한 기본권 해석
Constitutional Rights concerning Security Observation Act of Korea
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초록
This Thesis aimed to clarify the contents and details of constitutional rights concerning Security Observation Act. The Security Observation Act("Bo-An-Kwan-Chal-B대p") is a law which imposes security measures on anti-government thought-criminals who had already implemented imprisonment and still are regarded to be dangerous. Security observation measure is decided by the Minister of Justice and carried out by prosecutors and policemen. The major obligations of the imposed are to report several personal things to a police officer timely and to comply with the officers' requests not to meet someone or to attend to certain assemblies or something. In case of neglecting those reports or requests, they may be punished with 1 or 2 years imprisonment or fine. The authorized term of observation is 2 years, however, renewal is unlimitedly permitted. This act violates basic rights and is full of unconstitutional aspects. Firstly, it contravenes 'narrow meaning of the due process'(due process on criminal cases) and the right to a trial. Secondly, it permits undefined period of the measure and punishes the subject on unclear punishment provisions, to contravene the principle of law-regulation on crimes. Thirdly, that punishment is duplicated. Forthly, it tries to fix personal thoughts in minds and violates the right of conscience. As a conclusion I am proposing to nullify the whole of the act.
Abstract
This Thesis aimed to clarify the contents and details of constitutional rights concerning Security Observation Act. The Security Observation Act("Bo-An-Kwan-Chal-B대p") is a law which imposes security measures on anti-government thought-criminals who had already implemented imprisonment and still are regarded to be dangerous. Security observation measure is decided by the Minister of Justice and carried out by prosecutors and policemen. The major obligations of the imposed are to report several personal things to a police officer timely and to comply with the officers' requests not to meet someone or to attend to certain assemblies or something. In case of neglecting those reports or requests, they may be punished with 1 or 2 years imprisonment or fine. The authorized term of observation is 2 years, however, renewal is unlimitedly permitted. This act violates basic rights and is full of unconstitutional aspects. Firstly, it contravenes 'narrow meaning of the due process'(due process on criminal cases) and the right to a trial. Secondly, it permits undefined period of the measure and punishes the subject on unclear punishment provisions, to contravene the principle of law-regulation on crimes. Thirdly, that punishment is duplicated. Forthly, it tries to fix personal thoughts in minds and violates the right of conscience. As a conclusion I am proposing to nullify the whole of the act.
참고문헌 (14)
- 이승호, "보안관찰법 폐지론", 법과사회 제5호 1992
- 송문호, "보안관찰법폐지론", (341), pp.174~189 (2001)
- 정진홍, "인신의 자유보장에 있어서의 적법절차에 관한 연구 -미국의 판례분석을 통한 그 적용실태와 법리해석을 중심으로-" (1993), 한양대 박사학위논문
- 심재우, "보안처분의 한계 고시연구 제133호", pp.66~ (1985)
- 신양균, "형벌과 보안처분 -국가보안법과 보안관찰법을 생각한다- 사상과 정책", (24), pp.29~ (1989)
- 박양식, "보안처분에 관한 연구 -기본원리와 우리법제를 중심으로" (1985), 한양대박사학위논문
- 은행표, "보안처분에 관한 연구" (1997)
- 손동권, "현행 보안처분 제도의 정당성에 관한 연구", 7, pp.83~103 (2002)
- 이재승, G, "라드부르흐의 법실증주의와 법률적 불법이론에 관한 연구" (1997)
- 차용석, "보호관찰의 제문제 고시연구", pp.111~ (1990)
- Zipf, "한국형사정책연구원" (1993)
- 차상근, "사회안전법의 제문제", pp.30~ (1987), 대한변호사협회지
- 김일수, "보안처분과 형벌불소급원칙" (1997), 법률신문
- Rudolphi, "SK-StGB" (1993), 6 Auflage