직권주의 형사소송구조론 비판 -직권주의 소송구조의 고유성에 대한 연혁적인 고찰-

At present, negotiations are under way between relevant experts and government official revise the Medical Treatment and Custody Act, instead of placing a criminal under both the execution of sentence and the measure for care and custody. And this research also aims to identify problems that the current preventive custody system is alleged to discuss logical validity and effectiveness of the newly raised revision to the Medical Treatment and Custody Act. The execution of punishment can be interpreted as making a criminal responsible for past criminal acts, and the purpose of executing security measures is to prevent criminals without legal capacity from committing recidivism, and the execution of a measure for care and custody aims to treat medically psychosexual disorders who have committed crimes and let them change their acts under the relevant law. The point of the above explanations is that the newly raised allegation that a measure for care and custody for treatment should be executed on those who have served out his or her term of imprisonment is based on understanding that psychosexual disorders are not without legal capacity. It is proposed that the execution of preventive measures should be limited to psychosexual disorders who need medical treatment as well from medical point of view even if the measure can cause them to commit recidivism. It is quite necessary to establish concrete and objective concepts of psychosexual disorders, the scopes of those who are to be placed under preventive measures and discuss matters related to responsibilities associated with the execution of these measures.