신상정보 공개·고지명령 제도의 소급효

Through the judgement 2011Do9253 Decided October 30, 2011, the supreme court held the act on special cases concerning the punishment of sexual crimes stipulates the enforcement date of the order system of disclosure and notification of personal information. The act has not any provisions for limiting a committed crime after the act has been enforced. However, the act on the protection of children and juveniles from sexual abuse has an additional clause limiting a committed crime after the act has been enforced. Thus, the supreme court has held that the order system of disclosure and notification of personal information is able to be apply to a committed crime before the act enacts. The legal character of the system of disclosure and notification of sexual offender's personal information is not undefined yet, appling the act retroactively is a serious violation of the Principle of "nulla poena sine lege, specially the Ex-Post Facto Principle. The reason of occurring differences whether the retroactive-power is vested or not between the two acts is a difference of legislative process. The criminal acts legislated by Ministry of Government Legislation often have errors in imposing criminal punishment. I suggest that every legislation of criminal act is in charge of the criminal law system department of the Prosecution Bureau in Ministry of Justice from forming a draft to establishing a criminal act. If it is not possible the department has charge of legislative proceedings all over, to create consistent criminal acts, it is necessary at least the department takes care of deliberating every law of criminal punishment. For establishing and reforming criminal acts,Ministry of Justice has consulted criminal law scholars by composing a subcommittee. In conclusion, I desire that the National Assembly attends to the reasonable bill made by each of professional subcommittees.