성충동 약물치료에 대한 비교법적 연구

초록

To appease the public outcry on several sexually violent crimes against minors, finally in Korea, the Act on Hormonal Treatment to Sexual Impulse of Sexually Violent Criminal became enacted in July 2010, and will become effective in July 24, 2011. Similar laws have been already enacted in many countries including dozens of states of USA, UK, Germany, Poland, Argentina, Israel, etc. It is true that many controversies and pros & cons debates have been poured into such laws, based on violation of basic human rights under the constitutions of most countries, double jeopardy, ex post facto, etc. Nevertheless, it is also true that many countries feel some imperativeness or inevitability for such laws since not much effective methods exist for those inhumane criminals targeting children and minors. This article tries to provide a treatment perspective to this hormonal treatment to reduce or curb sexual impulse of male criminals since the Act narrows down the treatment subjects to sexual deviants such as pedophile. Thus, the definition of sexual deviant subjected to this Act is reviewed. Then, the relevant laws and cases of Korea and USA are introduced. Especially, the cases from US courts reflect a certain trend that some criminals began to claim the hormonal treatment to reduce his sexual impulse as one of basic human right. Since it is not a good or ideal solution to lock sexual predators up in the prisons for the rest of their lives, it seems desirable that more efforts should be poured into developing treatment methods, assuming those sexual patients as patients needed more attention.

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