현행법상 전자감시제도의 문제점과 발전방안에 관한 연구

To prevent the crime of sexual violence recently occurring in rapid succession, National government and National Assembly have issued all sorts of anti-crime measures nonexistent in Korea in the past. Among other things, the electronic monitoring system, coming into force since September 2008, was introduced as a method of effective control over sexual violence offenders recently emerging as the most serious social problem in Korean society. The Korean electronic monitory system is the electronic technology and its applicable program to supervise the perpetrators of sexual violence by affixing the signal device on a particular region of their body for their positioning and keep track of the presence or absence of their entrance into a particular place or the path of their movement. This enables the person subject to electronic monitoring to be identified around the clock. For this reason, it may track the position of the perpetrator with the electronic monitory device and warn him or her in case he or she swerves from a specified range. This electronic monitoring system comes to have a meaning that the overall criminal control system is newly constructed beyond the level of introducing a new criminal system. But some object to this electronic monitoring system by reason of its excessive infringement of human dignity and privacy. But it is thought to have a more positive aspect that it may execute a differentiated criminal sanction while preventing recidivism or the harmful effect of detention within the institution. Currently, Korean society manages ex-convicts only in reliance on the electronic monitoring system, which has a clear limit. For this reason, The reorientation program should be put before anything to subdivide the perpetrators equipped with the electronic monitoring device and separate them from the others from the start, or identify their criminal propensity and heal them. Since the electronic monitoring system is currently in infancy, it has many accompanying problems. It is expected that people will be free from crimes through the endless complementation of the system.