최근의 성범죄 대응방안의 헌법적 문제점 ― 현행 신상등록제도와 신상공개제도를 중심으로 ―

초록

The purpose of this article is to make a scrutiny into the constitutionality of the registration system and the notification system of the convicted sex offender in Korea. Korea has had not only the registration of the convicted sex offender, but also the public notification on the internet and the community notification per post of the convicted sex offender by the revision of the Act on The Protection of Children and Juvenile from Sexual Abuse(APCJSA) and establishment of Act on The Punishment of Sexual Crimes(APSC) in the year 2009 and 2010. I believe, that the convicted sex offender registration system, that the court sentences the sex offender to provide his personal information for the Minister of Women and Family Affairs or the Minister of Justice, ist not unconstitutional. Because the convicted sex offender registration system is to keep watch on the sex offender's movement with ease, in order to prevent sexual offences and registration of personal information of the sex offender is not an excessive means for this purpose. But I think, that the convicted sex offender public notification on the internet and the convicted sex offender community notification per post ist not constitutional. The government discloses the registered personal information of the sex offender throughout the country on the internet and this information is to be accessible through the internet to the public, and what was worse, the government provides the neighbors of the sex offender with his registered personal information, including the detailed address and photo, is an excessive means for the purpose of preventing the sexual offences. And I believe, the public notification system and the community notification system in force have the penal nature, shaming punishments, so both the Acts violate the constitutional prohibition on the Double Jeopardy Clause. Besides I believe, Article 3 Paragraph (2) and (4) of supplementary provision of the APCJSA violates the constitutional prohibition on Ex Post Facto Clause. The approaches to the sex offence must be constitutional. We must be alert to the penal populsim.

키워드