보호감호의 재도입론에 대한 검토

Abstract

The Justice Ministry has announced to enact an amendment of criminal law to reintroduce protective supervision on October 25, 2010. The protective supervision was introduced in 1980 and abandoned in 2005 as the Society Protection Law was revoked. After 5 years since the revocation,the protective supervision is facing reintroduction to criminal law. The reason for re-adopting the protective supervision is that the protective supervision is an alternative to efficiently manage violent and habitual criminals. The amendment of criminal law has adopted new policies to resolve problems that previous protective supervision had to justify its reintroduction. Nonetheless, there are some doubts on the necessity and justification of adopting the protective supervision. Especially, the National Assembly has amended some provisions of criminal law to increase the maximum sentence from 15 years to 30 years, and up to 50 years for additional violation on April 15, 2010. Therefore, it is necessary to discuss the necessity of reintroducing the protective supervision. This study has reviewed the necessity of the protective supervision that is more likely to be adopted. Moreover, this study has proposed the injustice of reintroducing the protective supervision after carefully examining the amended provisions. On the other hand, this study has further proposed an appropriate revision of the provisions if it is inevitable to reintroduce the protective supervision.