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A Review on Constitutional Issues of the Employment Restriction System Imposed on Sex Offenders

  • DONG-A LAW REVIEW
  • 2018, (79), pp.1-25
  • DOI : 10.31839/DALR.2018.05.79.1
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : April 15, 2018
  • Accepted : May 23, 2018
  • Published : May 31, 2018

Gyeongsu Yeo 1

1경기대학교

Accredited

ABSTRACT

The article discusses the Korea initiatives in order to prevent convicted sex offenders from having access to children. The purpose of this thesis is to point out and propose ways to improve the problems in the restriction of employment as a criminal punishment. Persons convicted of violent offences and sexual abuse of children should be prevented from working with children There has been little research done regarding restriction on employment which has been introduced into the Act on the Protection of Children and Juveniles against Sexual Abuse. Sex offenders are restrained from being employed on child and youth educational institutions, of which include medical profession and home-schooling. The purpose of this research is to identify the problems of current restriction on employment derived from the lack of court’s decision, and to propose possible improvements. This study aims at improving that system by analyzing the constitutional logics which Constitutional Court has suggested in the cases. The purpose of the Act on the Protection of Children and Juveniles against Sexual Abuse is to prescribe special cases concerning punishment for committing sex offenses against children or juveniles and the procedures therefor, prepare procedures for relieving and assisting victimized children and juveniles, and systematically manage sex offenders against children or juveniles, thereby protecting them against sexual abuse and assisting them to become sound members of society. This study tries to review the restriction of employment as a criminal punishment by constitutional court.

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