보안관찰법에 관한 기본권 해석

This Thesis aimed to clarify the contents and details of constitutional rights concerning Security Observation Act. The Security Observation Act("Bo-An-Kwan-Chal-B대p") is a law which imposes security measures on anti-government thought-criminals who had already implemented imprisonment and still are regarded to be dangerous. Security observation measure is decided by the Minister of Justice and carried out by prosecutors and policemen. The major obligations of the imposed are to report several personal things to a police officer timely and to comply with the officers' requests not to meet someone or to attend to certain assemblies or something. In case of neglecting those reports or requests, they may be punished with 1 or 2 years imprisonment or fine. The authorized term of observation is 2 years, however, renewal is unlimitedly permitted. This act violates basic rights and is full of unconstitutional aspects. Firstly, it contravenes 'narrow meaning of the due process'(due process on criminal cases) and the right to a trial. Secondly, it permits undefined period of the measure and punishes the subject on unclear punishment provisions, to contravene the principle of law-regulation on crimes. Thirdly, that punishment is duplicated. Forthly, it tries to fix personal thoughts in minds and violates the right of conscience. As a conclusion I am proposing to nullify the whole of the act.