자유의 도구로서 바라본 전자감시 -재판 전(Pretrial Release) 구금완화를 중심으로-

The current system of Electronic Monitoring is only intended for the convicted personwho committed a particular crime. That means, when a convicted person who committedmurder, kidnapping, sexual assault, robbery is selected as the subject of Electronic Monitoring,he or she is obliged to wear an electronic anklet as of a handling of public security measurefor the surveillance in society when leaving prison at the expiration of the prison term orbeing released on parole. The origin of Electronic Monitoring System can be found in the United States. However,in the early stage in many countries such as the United States and Europe, it didn’t intendedfor violent criminals such as sexual assault like Korea. Several states of the United States,the United Kingdom, France, and Portugal chooses a house arrest by the Electronic Monitoringsystem rather than a pretrial detention, because the pretrial detention is not onlydisadvantageous to the defense right of the accused or defendant but also in terms of thecost. In particular, for the mitigation of the pretrial detention before trial decision, the FrenchCriminal Procedure Act regulates an imprisonment as an unavoidable last resort by definingthe indictment without detention first, Electronic Monitoring system second, and theimprisonment as the final resort in express terms. To strengthen the principle of presumption of innocence and the importance of trial, Koreais encouraged to introduce the Electronic Monitoring system for the defense right of thedefendant out of the practice of imprisonment, which will be a revolutionary turning pointin the criminal justice.