보호감호 재도입 논의에 관한 비판적 검토

With increasing sensational crimes, such as serial murders and child sex offenders, the government makes a good amount of efforts into coping effectively against such crimes and fulfilling the needs of civil security. By means of reveling up the maximum of definite period of imprisonment from 15 years to 30 years(in case of aggravation, 50 years), allowing to obligate certain sexual offenders wearing an electronic anklet that identifies their location, to use medical drug for chemical castration of dangerous and habitual sexual offenders, to maintain database for DNA Profiles of dangerous offenders and to release personal information of sexual and dangerous offenders, it seems to makes all efforts necessary for keep dangerous and serious offenders isolated from society. Under these circumstances, ministry of justice considers reintroduction of preventive detention, although it was withdrawn by abolishing the Social Protection Act in 2006, because preventive detention had many theoretical and practical problems. So we should review the necessity and possibility of its reintroduction by improving the system of preventive detention. In this article, At the first I reviewed the background and process of the abolished Social Protection Act and background of discussing the reintroduction of the system. And I took a general view of theoretical and practical validity of aggravating the punishment or taking measurement of preventive detention aiming chiefly at segregation of dangerous offender from society. Finally, because there is no prefect system of crime prevention, a public policy maker seeks to develop new system of crime prevention or to restore the past effective system for assuring public security and corresponding with phenomenal demand of the public. But if there is no definite proof that the new repressive or preventive system is able to handle the serial murders or sexual violences, we should consider primarily the human rights of minority, who might be the sacrificial of the defective system. This is the demand of our constitution, which is oriented toward a principle of a country governed by law.