성충동 약물치료에 대한 헌법적 평가

Abstract

Constitutional Court judged constitutionality on the sexual impulse medication of A sexual impulse drug treatment law of sexual violence criminal. In recent years, there has been a move by the government to expand crimes subject to sexual impulse medication. I express my concern because I believe that sex therapy in accordance with the current law is unconstitutional. In this article, I first try to point out the unconstitutionality through constitutional discussion on sexual impulse medication. Next, I will review the Constitutional Court case. The court case came to constitutionality, I agree with the objection that sexual impulse medication is unconstitutional in violation of the principle of excessive prohibition. As a new legislative alternative, it is necessary to ensure that sexual impulse medication complies with the principle of excessive prohibition. Psychotherapy must be done in principle, If psychotherapy is not effective, it is necessary to prescribe medication with the consent of the patient. On the direction of legislation, First, there may be a plan to abolish the sexual impulse drug treatment laws of sexual offenders and to implement them through the Act on the Treatment and Care Supervision. Second, it is possible to think of a method of drastically revising the law on sexual impulse medication of sexual violence offenders into constitutional law. Finally, it is necessary to establish and operate the so-called 'sex offender treatment researcher' to settle and realize new legislative alternatives.