@article{ART002530103},
author={유창훈},
title={Critical Review on the Sex Offender Registration System as a Criminal Sanction Measure - Focusing on Unconstitutionality -},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2019},
volume={7},
number={4},
pages={183-207}
TY - JOUR
AU - 유창훈
TI - Critical Review on the Sex Offender Registration System as a Criminal Sanction Measure - Focusing on Unconstitutionality -
JO - Legal Theory & Practice Review
PY - 2019
VL - 7
IS - 4
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 183
EP - 207
SN - 2288-1840
AB - First introduced in 2005 [Acton sexual protection of youth], the sex offender registration system currently regulated in the special Acton punishment of sexual violence crimes has the substance of security disposal However, in the revision process,the part requiring the risk of jamming was deleted,and the content was changed to require the conviction of judgment and the crimes for registration were greatly expanded.
Increasing sanctions subject to punishment tends to be a useless punishment that violates basic human rights. Although there were a number of un constitutional discussions in the process of expanding the sex offender registration system, the constitutional court avoided discussing the nature of the sex offender registration system and examined the unconstitutionality according to the serioussness of the target crime. As a result, in the process of revising the sex offender registration system, the target crime was partially corrected according to the sentence of sentence.
Security measures can only be recognized when their utility is proved against the future risks of the actor. There is a concern that the re-socialization of the subjects may be hampered by the current sex offender system in which the registered crimes are greatly expanded and the effect of deterrence is not confirmed. Recalling Article 10 of the constitution of Human Dignity and values and Article 12 of the constitution of Freedom of the Body, there is a need to review and overhaul the requirements of the syetem in accordance with the nature of security disposal and to restore the principles of the law state.
KW - Sex Offender Registration;Criminal sanction;Security Measures;The Effect of Double Jeopardy;Principle of Retroactive Legislation Prohibition.
DO -
UR -
ER -
유창훈. (2019). Critical Review on the Sex Offender Registration System as a Criminal Sanction Measure - Focusing on Unconstitutionality -. Legal Theory & Practice Review, 7(4), 183-207.
유창훈. 2019, "Critical Review on the Sex Offender Registration System as a Criminal Sanction Measure - Focusing on Unconstitutionality -", Legal Theory & Practice Review, vol.7, no.4 pp.183-207.
유창훈 "Critical Review on the Sex Offender Registration System as a Criminal Sanction Measure - Focusing on Unconstitutionality -" Legal Theory & Practice Review 7.4 pp.183-207 (2019) : 183.
유창훈. Critical Review on the Sex Offender Registration System as a Criminal Sanction Measure - Focusing on Unconstitutionality -. 2019; 7(4), 183-207.
유창훈. "Critical Review on the Sex Offender Registration System as a Criminal Sanction Measure - Focusing on Unconstitutionality -" Legal Theory & Practice Review 7, no.4 (2019) : 183-207.
유창훈. Critical Review on the Sex Offender Registration System as a Criminal Sanction Measure - Focusing on Unconstitutionality -. Legal Theory & Practice Review, 7(4), 183-207.
유창훈. Critical Review on the Sex Offender Registration System as a Criminal Sanction Measure - Focusing on Unconstitutionality -. Legal Theory & Practice Review. 2019; 7(4) 183-207.
유창훈. Critical Review on the Sex Offender Registration System as a Criminal Sanction Measure - Focusing on Unconstitutionality -. 2019; 7(4), 183-207.
유창훈. "Critical Review on the Sex Offender Registration System as a Criminal Sanction Measure - Focusing on Unconstitutionality -" Legal Theory & Practice Review 7, no.4 (2019) : 183-207.
