전자감시장치 부착의 법적 성격과 확대적용에 대한 비판적 고찰

Abstract

The 24-hours electronic monitoring system tracing offender's positional information by identifying a signal from the ankle tag(GPS) has been imposed since 2008. 9. 1. It was originally developed as a means of intensive supervision for offenders. In reference 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 offenders. Meanwhile, 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 principle of retroactive prohibition 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-called “resocialization”. Especially, in Article 5 of 『the Act on attachment of electronic device for position tracking on specific crime offenders』, it is enacted the attachment of a electronic monitoring device(tag) as a means of intensive supervision for released sex offenders who have a very high riskiness of recidivism. However, Considering scientific facts that sex offenders have a very high rates of recidivism, it may be questioned whether the attachment of a electronic monitoring tag is effectiveness as a means to the resocialization. The latest incident reports that released sex offenders attached electronic monitoring tag committed sexual crime again show that the attachment of a electronic monitoring tag is not effectiveness as a means to the resocialization. Therefore, to claim that the attachment of a electronic monitoring tag must be expand beyond sexual crimes on the authority of the characteristic as the security-measure is inappropriate in the view of the resocialization for which the security-measure aim.