전자장치부착제도의 법적 문제점 고찰
A Study on the Legal Problems of an Electronic Monitoring Tag Attachment System
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The electronic monitoring system has been imposed since 2008 years. It was originally developed as a means of intensive supervision for offenders. In referrence to institutional purposes of electronic monitoring system, another says that the aim is to satisfies one's desire of punishment against criminals, to relieve the overpopulation of prison and reduce expenses, to defend the society or community through the effective monitoring against criminal offender. In connection with the legal characteristic of the electronic monitoring by the ankle tag, it is more common to see of the electronic monitoring is a kind of the security-measure as a treatment in the community. The Supreme court of Korea concluded that because the electronic monitoring system has the legal characteristic of preventive restrictions, 'the prohibition against retroactive punishment' and 'the prohibition against double jeopardy' should not apply. But we need to look at a more in connection with the legal characteristic of the electronic monitoring. To achieve this, there is need of further empirical research and study on the problem whether this system fits into a means to a purpose of the security-measure, so-call 'resocialization'. In conclution, the electronic monitoring system should not be treated as preventive restrictions collectively for different types of crimes; rather its application should be analyzed case-by-case, since the mandate of electronic monitoring system is another form of punishment even after fully serving the sentences for the crime committed.
Abstract
The electronic monitoring system has been imposed since 2008 years. It was originally developed as a means of intensive supervision for offenders. In referrence to institutional purposes of electronic monitoring system, another says that the aim is to satisfies one's desire of punishment against criminals, to relieve the overpopulation of prison and reduce expenses, to defend the society or community through the effective monitoring against criminal offender. In connection with the legal characteristic of the electronic monitoring by the ankle tag, it is more common to see of the electronic monitoring is a kind of the security-measure as a treatment in the community. The Supreme court of Korea concluded that because the electronic monitoring system has the legal characteristic of preventive restrictions, 'the prohibition against retroactive punishment' and 'the prohibition against double jeopardy' should not apply. But we need to look at a more in connection with the legal characteristic of the electronic monitoring. To achieve this, there is need of further empirical research and study on the problem whether this system fits into a means to a purpose of the security-measure, so-call 'resocialization'. In conclution, the electronic monitoring system should not be treated as preventive restrictions collectively for different types of crimes; rather its application should be analyzed case-by-case, since the mandate of electronic monitoring system is another form of punishment even after fully serving the sentences for the crime committed.
참고문헌 (27)
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