메뉴 건너뛰기
Library Notice
Institutional Access
If you certify, you can access the articles for free.
Check out your institutions.
ex)Hankuk University, Nuri Motors
Log in Register Help KOR
Subject
Humanities
General Humanities History Philosophy Religious Studies Linguistics and Literature Other Humanities
Social science
General Social Science Business Management Tourism Education Military Science Library and Information Science Law Sociology Journalism and Media Studies Psychological Science Political Science and Diplomacy Geography Public Administration Economics International Trade Anthropology Other Social Science
Natural science
General Natural Science Physics Biology Life Sciences Mathematics/Statistics Astronomy Earth Science Chemistry Other Natural Science
Engineering
General Engineering Architectural Engineering Mechanical Engineering Industrial Engineering Material/Energy Engineering Electrical and Electronic Engineering Marine and Ocean Engineering Chemical Engineering Computer Science Other Engineering
Medical science
General Medical Science Nursing Science Veterinary Pharmacy Traditional Korean Medicine Basic Medicine Clinical Medicine Other Medicine
Agriculture and Fishery
General Agriculture and Fishery Agriculture Fishery Science Food Science Forestry Animal Husbandry Marine Transportation Studies Other Agriculture and Fishery
Art and Kinesiology
General Arts Design Fine Arts Cosmetology Photography Music Fashion Kinesiology Performing Media Arts Other Arts and Kinesiology
Interdisciplinary Studies
Interdisciplinary Research Science and Technology Studies Brain and Cognitive Science Technology Policy Other Interdisciplinary Studies

KOR

The Recent Debates on Criminal Sanctions for Sex Offenders
Recommendations
Search
Questions

성폭력범죄자에 대한 형사제재의 최근 경향과 쟁점

논문 기본 정보

Type
Academic journal
Author
Hwang, ManSeong (원광대학교)
Journal
Han Yang Law Association Han Yang Law Review Vol.34 KCI Accredited Journals
Published
2011.5
Pages
459 - 482 (24page)

Usage

cover
📌
Topic
📖
Background
🔬
Method
🏆
Result
The Recent Debates on Criminal Sanctions for Sex Offenders
Ask AI
Recommendations
Search
Questions

Abstract· Keywords

Report Errors
In today’s world, society loathes sex offenders more than almost all other criminals: people fear personal crimes such as rape, assault, and robbery more than other crimes; parents indoctrinate their children with stranger danger rhetoric; the public demonizes pedophiles; and fellow prison inmates view sex offenders as the personification of evil.
Laws regulating sex offenders evidence this public enmity. The United States and eight other nations have implemented sex offender registries in order to track and deter these criminals.
Currently, the United States and South Korea are the only nations in the world that allow public access to sex offenders’ personal information via public notification laws, and the United States is alone in its implementation of sex offender residency restrictions.
The high rate of recidivism for sex offenders poses a difficult problem for the criminal justice system and leaves it searching for creative sentencing alternatives. In this context, it is needed to explore new measures such as sex offender registration law, sex offender public notification law, GPS Electronic Monitoring ACT for Specific Sex Offenders and chemical castration act.
Children and young boys and girls sex protection law recently amended releases through the Internet detailed information of sexual offenders (name, age, physical characteristics, photo, address) unlike the past releasing method. Now anyone can with the verification of adult in the Internet confirm the identities of sexual offenders against children and young boys and girls.
Recently, the Korean Ministry of Justice attempted to apply the program widely in order to provide an immediate response to the demands of the public and stakeholder for punitive sanctions toward sexual criminals. However, there is a paucity of studies regrading the effectiveness of the GPS electronic monitoring supervision in South Korea. In this context, this study aims to explore the specific conditions that may affect the defiance of GPS electronic monitoring for sex offenders.
The Korean law on castration was enacted in 2010 and it will go into effect beginning July .
Under the Korean law, permission for castration is granted for three types. When the judge hand down a sentence to sex offenders, agreement of the accused is ‘not’ necessary. Korean law allow involuntary castration.
Surely we need to respect various constitutional principles and rules for not excessively depriving the fundamental rights of the criminals. The government should also try to give much safer options for them and invest many resources for solving their psychopathic problems.
#성폭력범죄 #신상정보공개 #치료감호 #위치추적전자장치 #전자발찌 #화학적 거세 #성충동약물치료 #releasing identities of sexual offenders #chemical castration #GPS electronic monitoring #habitual sex offenders #Criminal Sanctions for Sex offenders

Contents

Ⅰ. 시작하며
Ⅱ. 주요법률의 제·개정 내용
Ⅲ. 성폭력범죄자에 대한 형벌정책의 주요쟁점
Ⅳ. 마치며
참고문헌
Abstract

References (39)

Add References
3. [단행본] - 정종섭 / 2010 / 헌법학원론 / 박영사 google schola 4. [기타자료] - 김성돈 / 2009 / 형법총론 google schola 5. [기타자료] - 김성천 / 2005 / 형법총론(제3판) google schola 6. [기타자료] - 김일수 / 2006 / 형법총론(제11판) google schola 7. [학위논문] - 김진환 / 2003 / 정신장애 범죄자의 책임과 처우에 관한 연구 / 박사 / 한양대학교 google schola

Related precedents (1)

1 / 1

  • 헌법재판소 1989. 7. 14. 선고 88헌가5,8,89헌가44 全員裁判部

    가. 보호감호처분(保護監護處分)에 대하여는 소급입법(遡及立法)이 금지(禁止)되므로 비록 구법(舊法)이 개정(改正)되어 신법(新法)이 소급(遡及) 적용(適用)되도록 규정(規定)되었다고 하더라도 실체적인 규정에 관한 한 오로지 구법(舊法)이 합헌적(合憲的)이어서 유효(有效)하였고 다시 신법(新法)이 보다 더 유리하게 변경되었을 때에만 신법

    View more

Related Authors

Frequently Viewed Together

Realities of Sexual Violence and it's Countermeasures
Kim ,  Taemyeong KOREAN CRIMINOLOGICAL REVIEW 2011 .09
A Review on some issues of the Act on Sex-drive Medicinal Treatment of Sexual Offenders - based on the sexual hormonal treatment state statutes of USA
SungJa Cho KANGWON LAW REVIEW 2012 .06
A Study on Treatment of Habitual Sex Offenders - Centering on chemical castration order to sex offenders
Lee Dong-Myung ,  Pa ,  k Hyun-Jeong Law Review 2011 .05
Constitutionality·Criminal policy of review the Act on Medication Treatment of Sexual Impulse of Sex Offenders
Pa ,  k Bong- Jin Law Review 2012 .08
A Study on the Treatment of Sex Offenders with Antiandrogenic Medication
Kim ,  Hyun-Woo ,  Lim THE JOURNAL OF SOCIAL SCIENCE 2011 .08

Recently viewed articles

[Webtoon] 눙눙이의 지구 구하기 | 불타는 지구 제1편_찜통 지구
이혁기2021.08
 Emergent Airway Management
Hohyun KimThe Korean Surgical Society2019.10
 ATSC 3.0 기반 국내 지상파 방송 서비스 도입에 필요한 기술 및 산업현황
김상진The Korean Society Of Broad Engineers2015.07

Comments(0)

0

Write first comments.

UCI(KEPA) : I410-ECN-0101-2013-360-000847347