위치추적 전자감시제도의 저항이론 관련요인 분석

The law governing electronic monitoring through GPS, which is called GPS Electronic Monitoring ACT for Specific Sex Offenders, was enacted in April 2007. Despite a lack of sufficient evidence on the effectiveness of GPS electronic monitoring, the Korean Ministry of Justice attempted to apply the program widely in order to provide an immediate response to the demands of the public and stakeholder for punitive sanctions toward sexual criminals. However, there is a paucity of studies regrading the effectiveness of the GPS electronic monitoring supervision in South Korea. In this context, this study aims to explore the specific conditions that may affect the defiance of GPS electronic monitoring for sex offenders. Unlike deterrence theory, defiance theory by Sherman(1993) assumes that punishment may be causing future crime in specific situations by causing the feelings of unjustness for the penalties. The current study conducts survey toward sex offenders(N=180), with experience of being on EM from 2009 April to December 2009. Multiple linear regression analysis indicates that the sample had stronger desire to cut their electronic anklet when they have personal shame about wearing the EM device. In addition, participants are more likely to perceive their sanctions less severely as they accept that they were treated fairy in court compared to others. Furthermore, regression analysis reveals that education level,perceived fairness, feeling of shame, and bonds to probation officers are identified as statistically signifiant predictors of perceived severity of GPS electronic monitoring. The policy implication of the findings is that predictors of all three models in the current study are applicable to supervision strategies of sex offenders who wear a tag fitted to the ankle by minimizing defiance effect.