신상공개제도 합헌결정에 대한 비판적 검토: 2002헌가14를 중심으로

Critical Analyse about the Publicity of Sex Offender: Especially on the focus of Korean Constitutional Court's Decision 2002hunka14

In June 26, 2003, by 4-5 decision the Korean Constitutional Court held that The Law of Youth Protection from Sexual Abuse provision on the publicity of adolescent sex offender(20) was constitutional. The Law requires The Commission on Youth Protection to Publicize the personal information such as name, age, job and address convicted of adolescent sexual offenses on the Official Gazette and internet for one month all over the country. The issue presented was whether the publicity provision of the Law under which an adolescent sex purchaser is subject to publicize was permissible of constitutional. The korean Constitutional Court decided individual rights are not absolute guarantees without limitation, rather they may when necessary be subject to legal restriction for the sake of community purposes, Youth Protection, Mandated by group interests in public safety, order or welfare when such interests are shared by the people as a whole. On the other hand 5 dissenting Justices expressed the opinion that the provision was constitutionally defective because this excessive punishment violates the principle of minimizing restrictions upon fundamental rights. On thinking the constitution guarantees to individuals the right of privacy and the principle of the legality of crimes and punishment which are essential and intrinsic values for all human beings the securing of which is the ultimate objective of constitutional protection. By the way the publicity provision of adolescent sex offender is a traditional form of punishment and a violation of the Double Jeopardy Clause.