성범죄자 취업제한에 대한 소고

Abstract

Sexual offences have been constantly committed in the history of mankind. Sexual offences, across the ages and in all countries of the world, have similar forms and types, a very high rate of recidivism. But the level at which the punishment is imposed is considerably low. It wasn't until recently that sexual offences were considered one of the most critical violences that destroy the whole lives of the victims so brutally that there are growing demands for stricter punishment against the offenders and more proactive crime victim protection. Even though sexual offence acts have raised the level of punishment to for crime prevention, it hasn’t been easy to notice dramatic changes in the consequences of law enforcement. And besides, the Constitutional Court recently has ruled the restriction on employment of the persons convicted or given a medical treatment and custody for their sexual offences unconstitutional three times on the ground that it violates constitutional rights of freedom of occupation. There is no crime causing more social anxiety and demands for political action than sexaul offenses against minors. People get more angry when the offenders are habitual criminals. Even if protecting fundamental rights of the offenders is also important, the verdicts can hardly escape the charge of being neglectful of protecting the victims(and the probable victims) from crimes. An UN report on sexual assaults against minors made clear that “the persons convicted of crimes of violations or sexual offenses should be excluded from the jobs related with children”and many countries enforce the laws and polices that reflect the report. The judicial branch has the obligation to protect the people who are politically listless and sexual offenders must be separated from juvenile-related institutions or facilities. However, if there is one thing we need to consider, it is the isolation period, but it may be the problem to decide the period of restriction on employment based on the gravity of the offences. It is the outcome of gender-discriminating culture to discuss the gravity not by the extent of the damage but by the gravity of the offence. Still, if there is a need to differentiate the period based on the nature of crimes, we may set the minimum duration for the offenders to be isolated from jobs at least for 10 years with a maximum of permanent restriction based on the nature of the crimes.