성폭법상 신상정보 공개·고지명령 소급 적용의 범위

• 영문명: A studyontheRangeofpersonalinformation disclosureandannouncementcommandretroactive applicationofSpecialLaw onpunishment andsexualassaultcrime
• 발행기관: 한국형사판례연구회
• 저자명: 남선모(Nam, Seon-Mo)
• 간행물 정보: 『형사판례연구』형사판례연구 제22권, 231~266쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.06.30

영문 초록

Through the judgement 2013Do13095 Decided March 27, 2014, the supreme court held the act on special cases concerning the punishment of sexual crimes stipulates the enforcement date of the order system of disclosure and notification of personal information. The sexual assault Special Law was provided through Supplementary provision of revision. You have applied the exception of retrospective application for the notification order system and disclosure of personal information instruction. In relation to this, children youth protection law, has placed the provisions of the Supplementary Provisions to limit the crime that was committed after the enforcement of the law. In contrast, sexual assault method is not provided any limitation. Was ruling that it is possible to apply retroactively as this reason. Anyone who commits a crime prior to enact sexual assault law in this way, it has given a notice command imposition and disclosure of personal information instruction. we have affirmed the notification request command and disclosure of personal information instruction. The legal character of the system of disclosure and notification of sexual offender`s personal information is not defined precisely yet The guilty part should not destroy. Act on the Protection of Children and Youth Sex in a public notice of the command should be called subjects. Timely and important issues in the first viable target children and youth taking action to avoid sexual offenses should be take precautions. The current system of personal information disclosure, notice the careful analysis of children and youth have a sex offender and implement a plan to expand its type will be neededThe current system of personal information disclosure, notice the careful analysis of children and youth have a sex offender and implement a plan to expand its type will be needed.

목차

[대상판결] 대법원 2014. 3. 27. 선고 2013도13095 판결

Ⅰ. 문제제기

Ⅱ. 신상정보 공개 ․ 고지명령 제도의 검토

Ⅲ. 대상판결에 대한 검토

Ⅳ. 결론

키워드

신상정보 공개고지명령 공소시효 소급 적용 보안처분 Personal information Public Notices command prescription of a public prosecution Retroactive application probation