“형 집행 종료 후 보호관찰”에 관한 연구

Abstract

Since Act on Probation was legislated in 1988 probation has been consistently developed with new legislations. Meanwhile, Act on the Electronic Monitoring of Specific Criminal Offenders Chapter 2-2 Probation after Termination of Execution of Sentence established on 18th of December, 2012 let probation system expand its legal scope and function. The existing probation based on the philosophy of Return to Normal Social Life had emphasized the rehabilitation of offenders. It, however, started to focus on supervising offenders on probation to defend regular citizen and to, finally, defend society. This does not mean, of course, that there existed no regulation related to probation after termination of execution of sentence before the Act of 2012. For example, the Act on the Protection of Children and Juveniles Against Sexual Abuse, which was legislated in 2011, also includes the probation after termination of execution of sentence. Other regulations related to pharmacologic treatment of sex impulse or attachment of electronic devices have tendencies to emphasize the function of defending society over the one of rehabilitating offenders. The Act of 2012, however, as a separate and independent criminal sanction, can expand to crime of homicide, sex crime, crime of abducting a minor, robbery as well as sex offenses against children and juveniles. For this perspective this paper examines whether Probation after Termination of Execution of Sentence includes the essential elements and philosophy of probation or not through comparison analysis. Probation after Termination of Execution of Sentence is, legally and functionally, rather similar to the regulations related to attachment of electronic devices and security surveillance. In conclusion, the name of Probation after Termination of Execution of Sentence should be replaced to another name such as Electronic Monitoring Probation to prevent terminological and legal confusion.