청소년의 성보호와 신상공개제도: 청소년성범죄자 신상공개의 헌법합치여부를 중심으로

The Protect of Juvenile's Sexuality and the Publicity of Sex Offender

In modern state, matter of Protecting the youth is not only a value that has to be protected by the constitution, but also a subject that has to be considered preferentially in the field of legal policy, regarding the youth as a next generation leading the future. The publicity of sex offender can be considered as a part of active policy of nation, which is intending to guarantee the growth and development of the youth, and is also constitutionally acceptable enough. As the commission on Youth Protect recently announced that they consider publicity of photo system as positive, pros and cons are diverse about this issue. But it is a contrastive phenomenon in that nations putting the publicity in practice include photo's publicity in the system. The protect of juvenile itself is constitutionally not contrary to prohibition of ex post facto law, prohibition of duplicable punishment etc. Further, daim which maintains that the system violated one's privacy is also unacceptable in that it does not accord with the constitutional value including youth's growth and development. The Constitutional Court decide constitutional considering that the system, Art. 20 Youth Protection Law, is an active policy of nation to keep safe the youth from potential danger, is ultimately constitutional value to guarantee the sound humanity of the youth. The constitution is not a means to freedom of adults, but a rule to guarantee the safety of individual rights. Punishment on sex offender should be strictly applied through law. But if it is perceived, that law can protect the youth and futhermore the protect of sexuality, solutions of this issue are far distant. Keys to solve this problem are special care of family and society, improvements of social surroundings to control immoral phenomenon and extensions of social self-purification. Law is moral, but never morality. Overlooking this concept, government of law is merely formalized.