성범죄자 신상정보등록 및 공개제도에 대한 재검토

• 영문명: Review of the Sex Offender registration & Notification - Centering around an amendment of『Juvenile Sex Protection Act』 -
• 발행기관: 한국피해자학회
• 저자명: 이용식(Lee, Yong-Sik)
• 간행물 정보: 『피해자학연구』제14권 제2호, 1~24쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.31

영문 초록

In the year 2000 A. D, our country had established a law by the name of『Juvenile Sex Protection Act』which made from a model「the Megan’ Law」of America. By this law, the Sex Offender Notification system was introduced. But this public notification system came into question about its constitutionality and legality of public produce. In A. D 2003, this dispute was brought to a conclusion by the constitutionality court and up to now, the names of 5157 sex offender were disclosured by the tenth public notification. And in 2005, the national assembly made a partial amendment of『Juvenile Sex Protection Act』to make up for the imperfection in the current law. In the process of amendment, the Registration system is introduced newly and the existing notification system is improved in order to protect human right and prevent further crime. Looking at from the efficiency side, it is desirable to introduce the registration system and improve the public notification system. But in these systems the imperfections which have to complement still subsist. It is as follows. 1. Systematic relation of registration and notification 2. Necessity of the discretionary registration & notification system 3. Execution by law enforcement agency, not by administrative agency 4. Limitation of the object to register and the extent to notify Now that the constitutionality and legality of these systems have come to admit by the constitutionality court, I think that it is necessery to settle above-mentioned problems through the systematic amendment in the future and the directional point of this change have to be set in equilibrium between the purpose of protecting juveniles from sex crimes, preventing a second offense and sex offender’s human right.

목차

Ⅰ. 글을 시작하며 - 합헌결정 그 이후 -

Ⅱ. 「청소년의성보호에관한법률」의 개정내용에 대한 개괄

Ⅲ. 「청소년의성보호에관한법률」개정내용에 대한 평가

Ⅳ. 성범죄자 정보등록제도의 법률적 쟁점 검토

Ⅴ. 성범죄자 신상공개제도의 법률적 쟁점 검토

Ⅵ. 글을 마치며-제도적 보안점과 개선방안-

Abstract

키워드

성범죄자 신상정보등록제도 신상공개제도 청소년의성보호에관한법률 sex offender registration public & discretionary notification Juvenile Sex Protection Act