소위 전자장치부착법(특정 성범죄자에 대한 위치추적 전자장치 부착에 관한 법률)에 대한 비판적 고찰

A Critical Study on ‘the Act on attachment of electronic device for position tracking on specific sexual crime offenders’

There is no other crime which gives rise to more public interest and notice than a sexual crime. The sexual crime whose legal interest is a right to sexual self-determination is hard to be investigated accurately and is not easy to establish measures for preventing it due to its hidden nature, even though our law provides a severe punishment for sex offenders in light of its high degree of damage to the victim. Thus, this subject area commands fundamental preventive measures and at the same time, is governed by the sense of incapability and frustration. Reflecting such concerns, “the Act on attachment of electronic device for position tracking on specific sexual crime offenders” effectuated from October of this year. That is, an electronic bracelet is introduced in order to prevent sexual crimes and protect the victim thereof. However, there is still pro & con debate over this new Act, and I doubt its effectiveness also. Thus, this article starts from reflection that ample discussion and preparation from the perspective of criminal law has been lacking since the law has been too hastily introduced. This article examines main contents and reviews on the issue of whether this new Act is justifiable on a basis of several legal issues. After that, I make several proposals in order that this Act may have effectiveness.